Arab News | Austrian Constitutional Court will rule on headscarf ban next year, it says

VIENNA: Austria’s Constitutional Court expects to rule on a newly introduced ban on Muslim headscarves for under-14s in schools in the first half of next year, it said on Monday.

The ban, proposed by Austria’s ruling coalition of ‌three centrist parties, was ‌passed in the lower house ​of ‌parliament ⁠in December ​with the ⁠support of the far-right Freedom Party. Only the opposition Greens, the smallest party in parliament, did not back the legislation.

However, it is unclear whether the ban that took effect on September 1 will survive a review by the court. In 2020 it struck down a ⁠similar ban that applied to under-10s ‌in schools, ruling that it ‌discriminated against Muslims and that the ​state has a duty to ‌be religiously neutral.

“Female pupils between the ages of ‌9 and 12 as well as their parents have taken recourse against this rule,” the Constitutional Court said in a statement, adding that they argued it violated their freedom of ‌religion and the principle of equality before the law.

“The ruling on the headscarf ban ⁠is ⁠expected to be reached in the first half of 2027,” it said.

The legislation stipulates that a school must hold discussions with any pupil defying the ban, after which a fine of between €150 and €800 ($172 to $918) can eventually be imposed.

Rights organizations, left-wing groups and the body that formally represents Austria’s Muslims oppose the ban.

Education Minister Christoph Wiederkehr told national broadcaster ORF on Friday roughly 80 cases of pupils not complying with the ban ​had been reported nationwide.

“That ​is actually fewer than feared and expected,” he said.