Headscarf Ban in Schools: Start with Awareness Phase, Sanctions from 2026/27
To "strengthen constitutional conformity," the comments from the review process have been carefully incorporated, according to the department of Family and Integration Minister Claudia Plakolm (ÖVP). The two-stage process also serves this purpose. In an initial awareness phase, schools, parents, and children are to be prepared and informed. Planned are discussions and the clarification of individual backgrounds. In cases of threats or pressure situations by "moral guardians," early intervention is intended during this phase. With the start of school in September 2026, the sanction provisions are to come into force.
What happens if a girl wears a headscarf at school?
If a girl wears a headscarf at school, the school administration must first have a conversation with her and her guardians. In the event of a repeated violation, the school authority invites the affected person and the parents to a mandatory meeting. For further violations, the responsible child and youth welfare agency must be informed. In extreme cases, a fine of 150 to 800 euros or a substitute prison sentence of up to two weeks can be imposed on the parents. In the first draft, fines of up to 1,000 euros were still envisaged. The fines can also be applied if parents refuse a perspective discussion in the event of a threatened school dropout.
According to the draft law, the wearing of a headscarf "which covers the head according to Islamic traditions" is specifically prohibited. This refers to the wearing of all forms of headscarves from the hijab to the burqa, the Federal Chancellery announced. In the review draft, the ban was still limited to wearing the headscarf for "honor cultural reasons" - this has now been dropped, apparently because it would not have covered veiling for purely religious reasons.
First attempt at a headscarf ban failed in 2020
The law applies to all public and private schools. Compared to the review, the provision that wearing "in the school context" should be prohibited has been changed. In the government draft, it is now clarified that the ban should only apply in the school itself, but not at school events such as ski courses or in off-site lessons (such as field trips) outside the school. The guardians must ensure compliance. "In Austria, every girl should be able to grow up free, visible, and self-determined. Without coercion, without fear, and above all without a prescribed role," emphasized Plakolm in a statement.
The first headscarf ban for children, decided under the turquoise-blue coalition, was overturned by the Constitutional Court (VfGH) in 2020. The judges saw the principle of equality violated because the ban specifically targeted the Islamic headscarf. Concerns that the law might not hold up also exist with the second attempt. The SPÖ has rejected passing the headscarf ban as a constitutional provision in advance, seeking a constitutionally compliant solution.
(APA/Red.)
This article has been automatically translated, read the original article here.
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