Austria begins the school year with a ban on the hijab for girls under 14 and faces constitutional challenges

The new academic year began in Austria with the impact of the implementation of a law prohibiting the wearing of the hijab for Muslim girls under the age of fourteen in schools, in a move that faces, from its first day, legal and political tests that may determine its fate.

As the law entered into force, two sisters and their mother submitted a request to the Constitutional Court to cancel the legislation, in the first direct challenge to the new ban.

The Islamic Religious Authority in Austria and organizations representing Muslims also pledged to provide legal support to families that consider themselves affected by the ban and to continue judicial moves against the law, considering that it violates basic rights and restricts religious freedom.

The ruling coalition, composed of the conservative Austrian People's Party, the Social Democratic Party, and the liberal Neus Party, approved the legislation under the pretext of protecting girls' freedom and promoting gender equality and social integration.

Education Minister Christoph Vidarker confirmed that the government conducted extensive consultations to draft a law that is compatible with the constitution, noting at the same time that the issue represents a “difficult legal balance” between protecting girls and ensuring freedom of belief.

From classrooms to courtrooms

The law stipulates that “the head covering that covers the head according to Islamic traditions” is prohibited inside schools for girls under the age of fourteen.

In the event of a violation, the procedures begin with a dialogue between the school administration, the student, and her parents, then the matter is referred to the competent educational authorities if non-compliance continues, leading to the imposition of financial fines ranging between 150 and 800 euros in extreme cases.

The legislation faces widespread criticism from religious groups, student organizations, and leftists who have called for protests, while its opponents believe that it specifically targets Muslim women and contradicts the principle of the state’s religious neutrality.

In 2020, an Austrian court ruled that a previous ban targeting young female students was illegal, considering that it discriminated against Muslims.

In 2019, the court also canceled a similar system because it did not include all forms of head coverings of a religious nature, making the new ban a candidate for a new constitutional test during the coming period.

The law began to be implemented with the start of school in the states of Vienna, Lower Austria and Burgenland, with the rest of the Austrian states to join the school year in the coming days, while political and legal circles await the position of the Constitutional Court on the appeals submitted against the legislation.

Edited by: A.J.M