Discriminatory and Unconstitutional: Criticism of the Planned Headscarf Ban is Growing Louder

The black-red-pink federal government plans a headscarf ban for girls up to the eighth grade. Unlike the ban decided under the black-blue coalition in elementary schools, the law is intended to withstand the Constitutional Court (VfGH) this time, as Integration Minister Claudia Plakolm (ÖVP) emphasized on Monday. However, numerous legal concerns are raised in the comments on the draft, including from the Ministry of Justice. NGOs fear more discrimination against young Muslim women.

VfGH Overturned Headscarf Ban in 2020

In 2020, the VfGH overturned a headscarf ban in elementary schools decided by the ÖVP-FPÖ government under Sebastian Kurz (ÖVP). The regulation passed in 2019 targeted only Muslims, which contradicted the state's mandate of religious neutrality, the VfGH criticized at the time. In the current draft law, whose review period ends today, Thursday, attempts are made to address the VfGH's previous concerns, as the Ministry of Justice admits. However, not only there is it assumed that the draft in its current form would again fail the principle of equality.

Focus Again on a Single Symbol

The ban once again exclusively targets the Islamic headscarf. This time, it is restricted to wearing the headscarf as an "expression of an honor cultural behavioral obligation." However, according to the Ministry of Justice, there is no clear definition in the law text or the explanations, making punishment difficult. The justification for the ban is also too vague, as there is no reliable number of those affected.

In addition to various NGOs and religious communities, the Austrian Bar Association (ÖRAK) also sees legal problems. The "fundamental rights concerns" are the same as with the headscarf ban overturned by the VfGH in 2020, and the justifications in the current draft law are "empirically not substantiated in any way." The ÖRAK also misses clear definitions: It is unclear whether the ban should apply only in class, generally on school grounds, at school-related events, or also on the way to school, which would "significantly" complicate sanctions through administrative penalties.

IGGÖ Sees Contradiction to State Neutrality

Lawyers and the Equal Treatment Advocacy (GAW) also find it problematic that the planned "Federal Law to Strengthen the Self-Determination of Minor Girls in Schools by Introducing a Headscarf Ban" is to apply up to the eighth grade and thus sometimes also for 15-, 16-, or 17-year-olds. From the age of 14, young people are religiously mature, and the ban would thus violate their religious freedom. Furthermore, parents would be liable for behavior over which they have no influence.

The Islamic Religious Community (IGGÖ) sees the planned law in "blatant contradiction" to religious freedom, equal treatment, and parental rights to religious education. A specific population group is being discriminated against here, religiously dressed female students would be effectively excluded from regular classes or brought into conflict with their religious beliefs. The assessment of whether wearing a headscarf is an expression of "honor" or "coercion" is also not compatible with state neutrality.

The Bishops' Conference is indeed against children being required to wear headscarves in school, but it also continues to oppose a ban. Such a ban would be disproportionate and could lead to girls resorting to homeschooling, increasing division and prejudice. The Protestant Church sees the current law as "primarily symbolic politics aimed at the electorate and against Muslims." The Council of Free Churches identifies "one-sided discrimination."

Headscarf Ban Not a Means for More Self-Determination for NGOs

The idea of the law to promote self-determination, equality, and visibility of girls is explicitly welcomed in the statements of many institutions. However, the headscarf ban is not the right measure for this. Instead, it would stigmatize the children, warns the Association of Cities, which fears that girls in particularly patriarchal families could completely disappear from schools and thus from public life. The Catholic Women's Movement of Austria (kfbö) even sees the planned law as a restriction of self-determination, as the affected girls would no longer be able to decide about their bodies and identities.

NGOs like Amnesty International (AI) or the Federal Youth Representation (BJV) also criticize the government's assumption that girls are necessarily forced to wear the headscarf. Muslim women are denied any self-determination, says AI, and a state headscarf ban could further fuel the already growing Islamophobia in Austria. According to the Equal Treatment Commission, such a development already occurred with the first ban in 2019.

Psychologists and Compulsory School Teachers Support Headscarf Ban

The BJV is also against reducing problems like the radicalization of young people through social media to the symbol of the headscarf. Instead, media literacy and prevention work should be promoted to strengthen girls' self-confidence and dissolve patriarchal role models - and not just with a focus on Islam.

The planned ban is viewed positively by the Professional Association of Austrian Psychologists (BÖP), as it is a "contribution to a free and self-determined development." The state is constitutionally obliged to promote gender equality and prioritize the welfare of the child - and this could lead to tensions with religious and culturally motivated parental rights in schools.

The compulsory school teachers' union, led by the ÖVP-affiliated Christian Trade Unionists (FCG), also welcomes the draft in its aim to strengthen the self-determination of female students. However, it should not create "additional burdens" for schools. On the other hand, SPÖ-affiliated teachers have criticized the law as a "blatant misalignment of topics," bringing additional burdens while other urgent problems are neglected.

(APA/Red)

This article has been automatically translated, read the original article here.