Return: Draft for Headscarf Ban Without "Plan B"

The VfGH had overturned a headscarf ban for primary schools introduced under the Black-Blue coalition in 2020, as it was specifically targeted against the Islamic headscarf. The current draft also concerns the Islamic headscarf, but Wiederkehr considers it a "completely different" proposal. He does not have an alternative plan.

Headscarf Ban: Wiederkehr Does Not Expect Overturn

In the originally proposed version of the "Federal Law to Strengthen the Self-Determination of Underage Girls in Schools by Introducing a Headscarf Ban," covering would have only been prohibited if it was done out of "honor cultural obligation." After criticism during the review that the meaning of "honor cultural" was neither defined in the law nor in the explanations, the current proposal, approved by the Council of Ministers yesterday, now generally prohibits the wearing of a headscarf "which covers the head according to Islamic traditions." Wiederkehr does not expect the VfGH to see this as a targeted stigmatization of a specific group of people, as it did in 2020, and therefore overturn the planned law. "The draft law is completely different, both in its fundamental attitude and in its legal design," he emphasized on Wednesday on the sidelines of a press event.

Focus on "Protection of Girls" and Accompanying Measures

As required by the VfGH at the time, the current draft "particularly aims at the protection of girls." The accompanying measures that were demanded are also included this time. Additionally, criticism from the review phase has been incorporated: Not only has the term "honor cultural" been removed, but the originally planned duration until the end of the eighth grade has also been adjusted. Since this grade is sometimes attended by older girls, the headscarf ban is now set to end with religious maturity at 14 years of age.

No "Plan B" for Headscarf Ban

Wiederkehr does not have a "Plan B" in case the VfGH deems the law unconstitutional, as he emphasized upon inquiry. The law has just been drafted and assigned to parliament, and as the politically responsible minister, his goal is to initiate legally compliant laws. However, it will take some time before a decision by the VfGH: The headscarf ban is set to start after the semester break in 2026 with an awareness phase. Sanctions will only be imposed from autumn 2026 - presumably, the case will only reach the VfGH after the issuance of the first penalty notices.

Headscarf Ban a "Successful Compromise" for Wiederkehr

According to Wiederkehr, the fact that the new draft law now only provides for a maximum administrative fine of 800 euros instead of the originally planned 1,000 euros if the headscarf ban is violated or if parents refuse to cooperate with the school during the planned suspension support or perspective discussion in the event of a threatened school dropout, is a "successful compromise" within the coalition. It was important to the SPÖ to keep the penalty framework as low as possible, but with a doubling of the current penalties, there is also a "clear signal" to those parents who deliberately do not cooperate with the school.

(APA/Red)

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