The three-party coalition is introducing, as announced, a headscarf ban for underage girls in schools. A corresponding draft law will be submitted for review on Wednesday, Integration Minister Claudia Plakolm (ÖVP) announced after the Council of Ministers. Until the completion of the 14th year of age, wearing the headscarf is to be prohibited in both public and private schools.
Plakolm: Headscarf Restricts Girls’ Freedom
“The children’s headscarf restricts the visibility and freedom of girls, and is therefore clearly a sign of oppression,” Plakolm explained at the press briefing. The measure, which specifically targets the Muslim headscarf, is justified by the government on the grounds of child welfare: “Underage girls must be protected from segregation and oppression,” the government’s statement said.
Fines Of Up To 1,000 Euros In Extreme Cases
In cases of violation, a graduated system is planned: first, the school administration will speak with the student, while at the same time an information letter will be sent to the guardians. If this has no effect, the education authority will be called in. In the most extreme cases, administrative penalties are provided, with fines ranging from 200 to 1,000 euros, or an alternative prison sentence of 14 days.
This is already the second attempt to introduce a statutory headscarf ban. In 2020, the Constitutional Court (VfGH) overturned a ban passed in 2019 by the ÖVP-FPÖ government under Sebastian Kurz (ÖVP) for elementary schools. The regulation targeted only Muslims, which violated the state’s obligation of religious neutrality, the court ruled.
Accompanying Measures Planned
To address the concerns of the Constitutional Court, accompanying measures will now be implemented that aim to strengthen girls but also actively involve parents, teachers, boys, and the Islamic Religious Community. For example, targeted programs for boys and men are planned to raise awareness of equality and self-determination. Reference is also made to a study from France, which showed that a ban introduced there in 1994 did not lead to Muslim girls withdrawing from the education system, but instead improved their academic performance and had a positive effect on integration.
NEOS parliamentary leader Yannik Shetty emphasized that efforts had been made to address all the concerns of the Constitutional Court. Since 2019, when NEOS voted against the headscarf ban, Austria has changed. “Unfortunately, it is no longer a fringe phenomenon,” Shetty said. “The headscarf is not a neutral piece of clothing, but a symbol of early sexualization and the devaluation of girls.”
SPÖ parliamentary leader Philipp Kucher commented: “We are not taking this debate lightly, because of course it involves interventions in personal freedoms.” The goal is to give all children in Austria equal opportunities. Girls are under pressure—mostly from fathers, brothers, and peers—to wear the headscarf, Kucher said.
The ban is to be anchored by an amendment to the School Education Act and the Private Schools Act. A six-week review period is planned. The law is intended to take effect at the start of the second semester.
Constitutional Expert Skeptical
Constitutional expert Heinz Mayer expressed skepticism. He considers constitutionally compliant implementation of the headscarf ban to be difficult, as he explained at the sidelines of a press conference. “In 2020, the Constitutional Court set very strict limits. The issue is the oppression of girls, and the Court was absolutely right to ask: why not address the oppressors instead of the girls?” Fines of up to 1,000 euros are, in his view, not a good idea. “The headscarf is a symbol, but the ban does not address the root cause.”
