Austria Begins Enforcing Under-14 Hijab Ban as Constitutional Challenge Looms

Austria’s nationwide ban on Islamic headscarves for girls under 14 is now being enforced across the country’s school system.

The law applies to public and private schools and prohibits head coverings worn “in accordance with Islamic tradition”.

Schools in Austria’s remaining provinces reopened on September 14, bringing the restriction into practical effect nationwide.

Repeated breaches can ultimately result in parents facing fines ranging from €150 to €800.

The Austrian government estimates around 12,000 girls could be affected.

Implementation has so far been generally calm, although Euronews reports that some schools have experienced disputes and aggressive reactions.

Austria’s Islamic Religious Community has said it intends to challenge the law before the Constitutional Court.

The constitutional question remains unresolved.

Austria’s Constitutional Court struck down an earlier headscarf ban in 2020, finding that selectively prohibiting Islamic clothing violated principles of equality and religious neutrality.

The court considered challenges to the new legislation in July but rejected them because the applicants were not yet directly affected by the law.

It therefore did not rule that the new ban itself was constitutional.

The Austrian government argues that the restriction protects young girls from social and religious pressure and promotes their autonomy.

Opponents argue that specifically requiring Muslim girls to remove religious clothing amounts to discrimination and infringes freedom of religion.

The new law is now being applied in Austrian classrooms.

Its constitutionality may ultimately be decided once again by Austria’s highest constitutional court.

Sources

• Reuters – Austria’s under-14 headscarf ban enters practical enforcement
• Euronews – Nationwide implementation and early disputes over Austria’s hijab ban
• Austrian Parliament – Official description of the new law