Headscarf ban held unconstitutional in Austria

A ustria's constitutional court has struck down a law prohibiting primary school children from wearing specific head coverings having religious significance. This judgment is significant since it makes it clear that bans cannot ensure self-determination for women and girls, as much as impositions cannot. Both impositions and bans militate against free choice of women, and their freedom of expression. The court said that since the law was aimed at the Islamic headscarf, it breached rights having bearing on religious freedom.

The court said the law could lead to the marginalisation of Muslim girls. It also rejected the government's argument that the prohibition could protect girls from social pressures from classmates, saying that it penalised the wrong people. It further said, if necessary, the State needed to draw up legislation to better prevent bullying on the grounds of gender or religion.

The legislation, which came into force last year, did not specify that headscarves were banned but instead proscribed the wearing of "religious clothing that is associated with a covering of the head" for children up to the age of 10. The government had itself said that head coverings worn by Sikh boys or the Jewish skullcap would not be affected.

Law Desk (SOURCE: BBC.COM).