Austria’s under-14 headscarf ban faces first test as schools reopen

Austria’s controversial ban on headscarves for girls under the age of 14 is facing its first major test as schools reopen across the country with Muslim organisations condemning the measure and legal challenges expected.

Austria’s controversial ban on headscarves for girls under the age of 14 is facing its first major test as schools reopen across the country with Muslim organisations condemning the measure and legal challenges expected.

The legislation was approved by the Austrian parliament in December after being proposed by the country’s ruling coalition of three centrist parties. The government has defended the measure on the grounds that it is intended to protect girls’ freedom and prevent social pressure.

The ban received support from the far-right Freedom Party while the left-wing Greens were the only parliamentary group to oppose the legislation.

The Islamic Religious Community in Austria (IGGO) the country’s main organization representing Muslims has strongly criticised the measure. The organization has described the ban as an infringement of fundamental rights and has indicated that it intends to challenge the legislation before Austria’s Constitutional Court.

The court rejected challenges against the legislation in July saying that the law had not yet entered into force at the time. However, its previous ruling on a similar measure could become significant in any future legal battle.

In 2020, Austria’s Constitutional Court struck down an earlier headscarf ban that applied to girls under the age of 10 in schools. The court found that the measure discriminated against Muslims and stressed the state’s obligation to maintain religious neutrality.

Education Minister Christoph Wiederkehr acknowledged that the outcome of a possible constitutional challenge could not be predicted with certainty. He said the government and education ministry had conducted extensive consultations while preparing the new legislation and had made efforts to ensure that it complied with the constitution.

The new school year began Monday in Vienna, Lower Austria and Burgenland, while schools in the remaining Austrian states are due to reopen next week.

Under the new rules, schools must first hold discussions with pupils who violate the headscarf ban. If the violation continues, authorities can impose a fine ranging from €150 to €800.

The measure has also prompted opposition from left-wing student organisations which have called for protests.

The implementation of Austria’s under-14 headscarf ban is therefore expected to remain a politically and legally sensitive issue particularly as Muslim organisations prepare to challenge its compatibility with fundamental rights.