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Published: 13 December 2020
The Austrian Constitutional Court issued a decision to abolish the law that prohibits primary school students in the country from wearing the headscarf, considering that this law is "discriminatory and unconstitutional."
"The additional government material accompanying the law made it clear that the target piece of clothing was the headscarf," said Chief Justice Christoph Grabenwarter.
The court pointed out that this law, which has been applied since the fall of 2019, violates "the principle of equality and the state's commitment to religious neutrality, because in reality it affects only students of one religion, Islam."
This law "risks hindering Muslim girls' access to education and, more precisely, isolating them from society," added Grabenwarter.
The court's decision comes after the family of two Muslim children challenged the law, pointing to the discrimination that characterizes it, as "the ban applies only to scarves that completely cover the head, but not to the smaller religious headscarves worn by Jewish students or Sikhs."
The family stated that "the ban is a disproportionate violation of religious freedom and the religious upbringing of children, and a violation of the principle of equality."
The Austrian Islamic Faith Organization (IGGOe) welcomed the court’s decision, calling it an “important step towards religious freedom and the rule of law”.
The law stipulated a ban on wearing the headscarf for primary school students up to the age of ten, "because it represents a symbol of religious belief," and includes a fine of 440 euros for families who break the law.
Source: RT
By:Nadeemy Haded