Fines of up to 1000 euros for parents under the new school hijab ban law
The governing coalition made up of three parties in Austria has agreed to introduce a ban on hijabs for underage girls in schools. A draft law is set to be submitted for review on Wednesday, aiming to prohibit the wearing of hijabs in public and private schools until the age of 14.
The government says that the hijab restricts girls' freedom and limits their visibility, considering it a clear symbol of oppression. Officials confirmed that the aim of the law is to protect children from isolation and coercion. In case of violations, schools will initiate dialogue with the students and send notifications to the parents. If the situation continues, the education directorate will intervene. In extreme cases, administrative fines ranging from 200 to 1000 euros or an alternative penalty of 14 days in prison may be imposed.
This is the second attempt by the government to legally impose such a ban. In 2019, the government of Sebastian Kurz (ÖVP-FPÖ) passed a similar law, but the Constitutional Court annulled it in 2020, considering that targeting the Islamic hijab alone violates the principle of state religious neutrality. To address these concerns, the new plan includes broader measures involving parents, teachers, boys, and the Islamic religious community, along with initiatives to promote equality and self-determination.
Supporters of the ban refer to a study from France, where the ban imposed in 1994 did not lead to Muslim girls withdrawing from education, but rather contributed to improving their academic performance and enhancing their integration. Political leaders such as Yannick Schmid from the NEOS party and Philipp Kucher from the SPÖ party confirmed that the debate is indeed about personal freedoms, but the goal is to ensure equal opportunities for all children in Austria. They explained that social pressures from families and society are the main reason behind girls wearing the hijab.
However, constitutional law experts remain skeptical. Heinz Mayer warned of the difficulty of applying the ban in a manner consistent with the Austrian constitution, pointing to the strict limits set by the Constitutional Court in 2020. He questioned why the focus is on banning the wearing of the hijab instead of addressing the social pressures that force girls to wear it, and criticized the idea of imposing fines of up to 1,000 euros on families.
The government plans to include the ban in amendments to the school education law and the private schools law. The review period is set to last six weeks, and the law is expected to come into effect at the beginning of the second semester.