The ban on hijab for girls under 14 in Austria faces a legal crisis
The Austrian federal government, composed of the Austrian People's Party (ÖVP), the Social Democratic Party (SPÖ), and the NEOS party, intends to proceed with its plans to ban the hijab for girls under the age of 14 in schools. This measure recalls a similar previous experience in 2019 when the ÖVP and FPÖ coalition led by Chancellor Sebastian Kurz attempted to impose the ban, but the Constitutional Court (VfGH) annulled it in 2020, considering it a violation of religious freedom.
Constitutional expert Heinz Mayer believes that the new project faces the same fate. In an interview with the program "Morning Ö1", Mayer explained that the Constitutional Court set strict boundaries in its previous ruling in 2020, saying: "I don't see how it can be surpassed." He added that wearing the hijab remains a religious expression, and banning it is considered a violation of religious freedom, even if the government claims it is part of combating political Islam. He added: "There will also be girls who enjoy wearing it."
Mayer warned that the ban could violate the principle of equality, as other religious symbols such as the kippah or the cross necklace are not included in the ban. He questioned, "Strict religious upbringing also exists in other religious communities; who said it only exists in Islam?".
On her part, Integration Minister Claudia Plakolm (ÖVP) plans to present the draft law at the beginning of autumn and expresses confidence that it will succeed this time. She said on the "Ö1 Morning" program: "The hijab is a symbol of oppression. If we look around the world, we find that it is particularly worn in countries where radical Islam is on the rise."
The government is also planning to launch empowerment programs for young Muslim girls and take action against those known as "morality guards" – typically young people who pressure girls to wear the hijab in the name of Islam. Blackholm explained: "Often, these girls come from mothers who do not wear the hijab at all. Peer pressure and the influence of Islamic influencers are on the rise."
The ban is set to include both public and private schools for all girls under the age of 14. The ministry currently estimates that about 12,000 girls under 14 wear the hijab, but the Islamic religious community (IGGÖ) criticizes the lack of accurate data and opposes the ban and the language used by the ministry.
In a video posted on Instagram in mid-July, the minister described the hijab as an expression of "extremist tendencies." IGGÖ President Ümit Vural warned against "exploiting children's welfare to take comprehensive measures."