Austria’s headscarf ban takes effect as schools report isolated violations and first legal challenge

Austria’s new ban on headscarves for girls under 14 took effect on the first school day in the country’s eastern region, with teachers reporting isolated violations and a first legal challenge already before the Constitutional Court.

The measure has created particular unease among teachers, who are responsible for enforcing it. A spot check by Die Presse at schools in Vienna found that violations occurred on the first day, especially in districts with a high proportion of Muslim students. The incidents were not widespread. One teacher at a middle school said, “At our school, it was a handful of girls.”

Some Muslim girls whose parents had obtained approval for home schooling were also mentioned. At many schools, staff appear to have agreed that teachers would discreetly notify school management when violations occurred. School leaders would then handle the next steps. The process begins with discussions with the students and their parents. Continued violations can result in fines of between 150 and 800 euros.

The Constitutional Court confirmed to Die Presse that it had received its first application to repeal the law, Section 43a of the School Education Act. The applicants are two underage students from Lower Austria and their mother. Such an application is admissible when the law directly affects the applicant. A penalty does not need to have been imposed if the person has already faced financial costs or other required preparations before the law took effect.

Five girls aged between nine and 12 and their parents filed a similar individual application in March, but the court rejected it as inadmissible because the provisions had not yet taken effect. The head of Austria’s teachers’ union, Paul Kimberger, said there had been no reports of widespread violations and suggested that schools’ information efforts in recent weeks may have prevented many problems.

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At our school, it was a handful of girls.