Austrian Expert Warns School Headscarf Ban May Violate Privacy Rights
Austrian Expert Warns School Headscarf Ban May Violate Privacy Rights
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Austrian human rights expert Manfred Nowak has warned that banning the wearing of headscarves for girls under the age of 14 in schools could constitute a violation of the right to privacy, arguing that the proposed regulation goes beyond what is permitted under the constitution, particularly with regard to the principle of equality between religions.
Nowak, who coordinates postgraduate human rights programs at an international center in Venice, said the debate surrounding the headscarf is not primarily about freedom of religion, but about an individual’s right to privacy. He compared restrictions on religious appearance to forcing a person to alter their outward features, describing such measures as a direct intrusion into private life.
He noted that the issue of headscarves for minors raises specific concerns due to children’s vulnerability to influence and pressure. However, he stressed that allowing Christian religious symbols, such as crosses, in schools while banning Islamic headscarves contradicts the constitutional principle of equality, particularly given that Islam is an officially recognized religion in Austria.
In the same context, Nowak said government hopes of successfully defending the proposed law before the Constitutional Court may be limited. He warned of a repeat of the 2020 ruling, when Austria’s Constitutional Court struck down a previous headscarf ban in schools in its entirety.
Nowak also warned against attempts to politicize human rights or undermine the role of international judicial institutions, saying that any erosion of judicial independence at the national or European level poses a direct threat to the rule of law.
