The new regulation regarding the dress code in public schools in Azerbaijan has reignited the headscarf debate, which caused large-scale protests in 2010.
According to BBC Azerbaijani news, with the decision taken by the Council of Ministers on September 21, the rules regarding the clothing of students in public schools were changed.
According to the regulation, the use of additional clothing that disrupts the integrity of the school uniform and does not comply with the secular nature of education is prohibited.
However, the terms "headscarf" or "hijab" were not included in the decision text. However, some media organizations and religious groups argued that the regulation could constitute a de facto ban on the headscarf.
The headscarf debate was on the agenda months before the new regulation.
In March, news was published in various regions of Azerbaijan that students wearing headscarves were not allowed into classes.
On March 10, it was claimed that the administration of School No. 3 in the town of Mehdiabad near Baku suspended 23 students who wore headscarves from classes.
Religious groups claimed that similar practices took place in some schools in Baku, Sumgayit and Imishli. However, not all of the claims could be verified by independent sources.
Religious freedom advocate Arzu Abdulla stated in her statement on April 1 that the restrictions were lifted and students were re-admitted to schools. However, no official decision has been announced throughout the country.
With the amendment made to the General Education Law in Azerbaijan in July, the secular nature of the education system was re-emphasized.
The regulation adopted on September 21 included provisions regarding the application of this principle to student uniforms.
However, the regulation did not clarify whether students who did not comply with the dress code would be allowed into classes, what disciplinary sanctions would be applied, or whether exceptions would be allowed.
Therefore, it is considered that the impact of the decision on students will depend on the practices of school administrations.
BBC Azerbaijani reported that it could not receive answers to the questions it posed to the Council of Ministers and the Ministry of Education regarding the issue.
The discussions escalated further after the theologian Abgül Suleymanov was detained.
According to Meydan TV, Suleymanov was detained near his home on the evening of September 22 and was sentenced to 30 days of administrative imprisonment by the court.
Suleymanov had previously criticized the possibility of removing headscarved female students from schools in his social media posts.
While it was reported that he was accused of deliberately not complying with the legal request of the police, his family argued that the detention decision was related to his social media posts.
Authorities did not confirm that there was a connection between the detention process and the statements about the headscarf.
Suleymanov had participated in protests regarding the headscarf in the past, and was sentenced to long-term imprisonment on different charges in 2011 and was released in 2022.
The new regulation caused the relationship between the principle of secularism and freedom of religious belief to be discussed again in Azerbaijan.
The Constitution of Azerbaijan guarantees freedom of religion and conscience and the right to education, as well as the secular nature of the state.
According to international human rights standards, restrictions on religious freedom must have a clear legal basis, pursue a legitimate purpose and be proportionate.
Supporters of the regulation argue that public schools should be religiously neutral and all students should be subject to the same dress code.
Critics, on the other hand, state that secularism means that the state keeps an equal distance from different beliefs and emphasize that students should not be prevented from expressing their personal religious beliefs.
Azerbaijan National Assembly Science and Education Committee Member Ceyhun Mammedov also stated that equality should be ensured in schools.
Mammadov said that children should receive education under the same conditions, regardless of their social status, their family's economic conditions or their religious and ethnic origins.
In 2010, the statements of the then Minister of Education Misir Merdanov regarding the implementation of uniform uniforms in schools attracted the reaction of religious circles.
A protest was held in front of the Ministry of Education on December 10, 2010, with concerns that headscarved students might be expelled from schools.
The police intervened in the demonstration attended by hundreds of people and some protesters were detained.
While there was no separate law directly banning the headscarf at that time, the discussions were carried out on the implementation of the rules regarding school uniform.
Another dimension of the headscarf debate is the relations between Azerbaijan and Iran.
The Azerbaijani administration has expressed its discomfort with religious influence attempts originating from Iran in various statements in the past.
During the protests in 2010, then Minister of Education Merdanov claimed that there were internal and external forces behind the demonstrations.
Some commentators also argued that Iran was trying to benefit from the headscarf debate. However, no public evidence has been presented to show that the protests were organized by Iran.
There is no mention of Iran, foreign intervention or national security in the text of the latest regulation.
How the debate in Azerbaijan shapes up will depend on how the new dress code is implemented in schools.
Whether headscarved students will be accepted to classes, whether exceptions to the dress code will be granted, and possible legal applications of families may be decisive in the coming period.
It is stated that the government has not yet made a comprehensive statement on how the right to education of headscarved students will be protected.
