VIENNA: Austria’s controversial ban on headscarves for schoolgirls under the age of 14 faced its first practical test on Monday as schools reopened in Vienna and other parts of the country.
The legislation was passed by parliament in December after being proposed by Austria’s three-party centrist coalition and supported by the far-right Freedom Party. The Greens were the only parliamentary party to oppose it.
The government argues that the measure is intended to protect young girls from pressure to cover their hair and promote their personal freedom.
Austria’s principal Muslim organisation, the Islamic Religious Community in Austria, has condemned the ban as discriminatory and an infringement of fundamental rights and has pledged to challenge it before the Constitutional Court.
The legal question is particularly significant because Austria’s Constitutional Court struck down an earlier headscarf ban for children under 10 in 2020, ruling that it discriminated against Muslims and breached the state’s duty of religious neutrality.
Education Minister Christoph Wiederkehr has defended the new legislation but acknowledged that there is no certainty the Constitutional Court will uphold it.
Schools are initially required to discuss violations with pupils and parents. Continued non-compliance can eventually result in fines ranging from €150 to €800.
The dispute is expected to become an important test of the balance between religious freedom, child protection and secular education policy in Austria.