Austrian Constitutional Court will rule on headscarf ban next year, it says
Published by Global Banking & Finance Review
Posted on September 21, 2026
Quick Summary
Austria’s Constitutional Court expects to rule in the first half of 2027 on a headscarf ban for girls under 14 in schools—legislation enacted September 1 2026 that experts say resembles a previously struck-down case from 2020.
Table of Contents
- Overview of Austria’s School Headscarf Ban and Legal Proceedings
- Background of the Headscarf Ban
- Previous Court Rulings and Legal Challenges
- Implementation and Opposition
- Current Compliance and Reactions
Austrian Constitutional Court to Decide on School Headscarf Ban Next Year
Overview of Austria’s School Headscarf Ban and Legal Proceedings
Background of the Headscarf Ban
VIENNA, Sept 21 (Reuters) – Austria’s Constitutional Court expects to rule on a newly introduced ban on Muslim headscarves for under-14s in schools in the first half of next year, it said on Monday.
The ban, proposed by Austria’s ruling coalition of three centrist parties, was passed in the lower house of parliament in December with the support of the far-right Freedom Party. Only the opposition Greens, the smallest party in parliament, did not back the legislation.
Previous Court Rulings and Legal Challenges
However, it is unclear whether the ban that took effect on September 1 will survive a review by the court. In 2020 it struck down a similar ban that applied to under-10s in schools, ruling that it discriminated against Muslims and that the state has a duty to be religiously neutral.
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“Female pupils between the ages of 9 and 12 as well as their parents have taken recourse against this rule,” the Constitutional Court said in a statement, adding that they argued it violated their freedom of religion and the principle of equality before the law.
“The ruling on the headscarf ban is expected to be reached in the first half of 2027,” it said.
Implementation and Opposition
The legislation stipulates that a school must hold discussions with any pupil defying the ban, after which a fine of between €150 and €800 ($172 to $918) can eventually be imposed.
Rights organisations, left-wing groups and the body that formally represents Austria’s Muslims oppose the ban.
Current Compliance and Reactions
Education Minister Christoph Wiederkehr told national broadcaster ORF on Friday roughly 80 cases of pupils not complying with the ban had been reported nationwide.
“That is actually fewer than feared and expected,” he said.
(Reporting by Francois Murphy; Editing by Kevin Liffey and Gareth Jones)
Key Takeaways
- The headscarf ban for schoolgirls under 14 took effect at the start of the 2026/27 school year and allows fines up to €800 for non‑compliance. (parlament.gv.at)
- In December 2020, the Constitutional Court struck down a similar ban for under‑10s as unconstitutional, citing discrimination and violations of religious freedom and equality (vfgh.gv.at)
- The current ban, passed by a centrist coalition in December 2025, is now being legally challenged by affected pupils and parents; the Court expects to decide in H1 2027 (internazionale.it)
References
- Parlament Österreich
- Verhüllungsverbot an Volksschulen ist verfassungswidrig – Der Österreichische Verfassungsgerichtshof
- Austrian headscarf ban for under-14s faces first test as schools reopen – Internazionale
Frequently Asked Questions
When will the Austrian Constitutional Court rule on the headscarf ban?
The court expects to rule on the headscarf ban for under-14s in schools in the first half of 2027.Who challenged the headscarf ban in Austria?
Female pupils between the ages of 9 and 12 and their parents have challenged the ban, arguing it violates religious freedom and equality.What penalties can be imposed for defying the headscarf ban?
Pupils defying the ban may face a discussion with the school and fines between €150 and €800.Has a similar headscarf ban been struck down before in Austria?
Yes, in 2020 the Constitutional Court struck down a similar ban on under-10s, ruling it discriminated against Muslims.Who opposes
source https://www.globalbankingandfinance.com/austrian-constitutional-court-rule-headscarf-ban-next-year/
Categories: Austria, European Union, Hijab