Austria’s headscarf ban for schoolgirls faces its first test

Austria’s ban on Islamic headscarves for schoolgirls under 14 is facing its first practical test as schools reopen in Vienna and other states.

Muslim organizations, including Austria’s largest Muslim group, have condemned the measure as discriminatory and left open the possibility of challenging it in court. The Islamic Religious Community in Austria, which officially represents the country’s Muslims, has described the ban as a violation of fundamental rights and pledged to take it to the Constitutional Court.

The court rejected an earlier challenge in July because the legislation had not yet entered into force. In 2020, it ruled that a previous ban covering girls under 10 was unlawful because it discriminated against Muslims. The court also said the state must remain religiously neutral and that any departure from that principle required special justification.

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You can never be absolutely certain.

The governing coalition of three centrist parties proposed the new ban on the grounds that it protects girls’ freedom. Parliament approved it in December with support from the far-right Freedom Party. The Greens, the smallest party in parliament, were the only group to vote against it.

Asked by national broadcaster ORF whether the court would overturn the ban, Education Minister Christoph Wiederkehr said, “You can never be absolutely certain.” He said the government had held intensive consultations and that the Education Ministry had worked hard to draft a law that complied with the constitution. Left-wing student groups have called for demonstrations. Under the law, schools must first speak with a girl who violates the ban, then impose a fine of between €150 and €800.

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We in the government held very intensive consultations, and at the Education Ministry we tried very hard to draft a law that complies with the Constitution.