Muslim groups in Austria plan to file a legal challenge if the recent hijab ban becomes law.
Muslim groups in Austria are preparing to challenge a proposed law that bans girls under the age of 14 from wearing hijabs in schools. The legislation, introduced by the Minister for Europe, Family and Integration, Claudia Plakolm of the Austrian People's Party (ÖVP), was presented in September and is currently under review by experts. If the law is approved by the Austrian parliament at the end of October, it will come into effect at the beginning of the summer semester of 2026.
The draft law was prepared during coalition talks between the Austrian People's Party (ÖVP), the center-left Social Democratic Party (SPÖ), and the liberal 'Neos' party, and it has the support of all three parties. However, the law faces strong opposition from Muslim communities, with 93% of Muslim women in Austria opposing the ban. Critics, including Karla Bajjati, head of the school authority in the 'Islamic Community of Austria' (IGGÖ), say the law will not protect Muslim girls but will cause them anxiety. Bajjati points out that the law contradicts the values of individual choice and responsibility that are a fundamental part of the Austrian educational system.
Marwan Mansour, the prominent lawyer specializing in human rights, immigration, and issues related to combating racism, has pledged to challenge the law before the Austrian Constitutional Court if it is passed. Mansour asserts that children have the right to decide for themselves what they wear and which religious practices they follow, a right guaranteed by the European Convention on Human Rights and the Austrian Constitution. Mansour refers to the ruling of the Austrian Constitutional Court in 2020, which annulled a similar law that prohibited girls under the age of ten from wearing hijabs in schools. The court ruled that the ban would marginalize Muslim girls and that schools should be places of plurality and inclusivity.
The current law, which expands the ban to include both public and private schools, will impose fines of up to 1,000 euros or imprisonment for up to 14 days on parents who allow their daughters to wear the hijab. Blackholm, who described the hijab as a "symbol of oppression," defends the law as necessary to ensure equality and prevent coercion. She points to the example of France, where religious symbols are banned in public schools, stating that this has led to improved educational outcomes for Muslim girls. However, critics say that studies, including one conducted by "Stafford Union," have shown the opposite - that such bans harm the educational success and job opportunities of Muslim girls.
Mansour describes the government's arguments as "very weak" and believes that the Constitutional Court will overturn the law. The "Islamic Community of Austria" (IGGÖ) is also considering filing a constitutional complaint. Bajagati believes that the government's attempt to reintroduce a ban that has already been lifted is evidence of a concerning disregard for state law and warns that Austrian society has become more divided, which is dangerous. She sees the legislation as part of an increase in anti-Islam rhetoric, which has intensified after the general elections in 2024, where the far-right Freedom Party won the largest share of the votes but was unable to form a coalition government.
Bajagati points out that while politicians from the Austrian People's Party (ÖVP) claim to oppose "extreme political Islam", they present ordinary Islamic practices, such as wearing the hijab, as indicators of extremism. Mansour agrees that the proposed ban on the hijab is driven more by politics than by concern for children's welfare. He says, "I think the government is trying to score political points and portray itself as tough on immigration."