Austria’s Constitutional Court ruled on Friday that a law banning girls aged up to 10 from wearing headscarves in schools was discriminatory, overturning the measure introduced by the ruling conservatives while allied with the far right.

The legislation did not specify that the ban referred to headscarves, instead forbidding the wearing of “religious clothing that is associated with a covering of the head”.

But the court found that it was clearly aimed at Muslim headscarves.

That went against the state’s duty to treat officially recognised religions equally, and the principle that singling out any one of them requires special justification, it ruled.

“The selective ban ... applies exclusively to Muslim schoolgirls and thereby separates them in a discriminatory manner from other pupils,” court President Christoph Grabenwarter said.

Conservative Chancellor Sebastian Kurz has consistently taken a hard line on immigration, and his stance overlaps significantly with that of the far-right Freedom Party (FPO), which says Islam has no place in Austrian society.

Kurz formed a coalition with the FPO in 2017 that collapsed last year after the far-right party’s then leader, Heinz-Christian Strache, was caught in a video sting offering to fix state contracts.

Kurz is now in government with the left-wing Greens, but their coalition agreement includes many policies introduced during his alliance with the FPO, including a plan to extend the headscarf ban up to the age of 14.

The current government programme says children should grow up “with as little coercion as possible”, for which it gives wearing a headscarf as the only example.

The body that officially represents Austria’s Muslims, the Islamic Faith Community, which brought the legal challenge, welcomed the ruling.

“Ensuring equal opportunities and self-determination for girls and women in our society is not achieved through bans,” it said in a statement.

Austria’s Constitutional Court ruled on Friday that a law banning girls aged up to 10 from wearing headscarves in schools was discriminatory, overturning the measure introduced by the ruling conservatives while allied with the far right.

Austria’s Constitutional Court ruled on Friday that a law banning girls aged up to 10 from wearing headscarves in schools was discriminatory, overturning the measure introduced by the ruling conservatives while allied with the far right. The legislation did not specify that the ban referred to headscarves, instead forbidding the wearing of “religious clothing that is associated with a covering of the head”. But the court found that it was clearly aimed at Muslim headscarves. That went against the state’s duty to treat officially recognised religions equally, and the principle that singling out any one of them requires special justification, it ruled. “The selective ban ... applies exclusively to Muslim schoolgirls and thereby separates them in a discriminatory manner from other pupils,” court President Christoph Grabenwarter said. Conservative Chancellor Sebastian Kurz has consistently taken a hard line on immigration, and his stance overlaps significantly with that of the far-right Freedom Party (FPO), which says Islam has no place in Austrian society. Kurz formed a coalition with the FPO in 2017 that collapsed last year after the far-right party’s then leader, Heinz-Christian Strache, was caught in a video sting offering to fix state contracts. Kurz is now in government with the left-wing Greens, but their coalition agreement includes many policies introduced during his alliance with the FPO, including a plan to extend the headscarf ban up to the age of 14. The current government programme says children should grow up “with as little coercion as possible”, for which it gives wearing a headscarf as the only example. The body that officially represents Austria’s Muslims, the Islamic Faith Community, which brought the legal challenge, welcomed the ruling. “Ensuring equal opportunities and self-determination for girls and women in our society is not achieved through bans,” it said in a statement.

Austrian Constitutional Court overturns headscarf ban in schools

Austrian MPs on Wednesday approved a law aimed at banning the headscarf in primary schools, a measure proposed by the ruling right-wing government.

So as to avoid charges that the law discriminates against Muslims, the text refers to any "ideologically or religiously influenced clothing which is associated with the covering of the head".

However, representatives of both parts of the governing coalition, the centre-right People's Party (OeVP) and the far-right Freedom Party (FPOe), have made it clear that the law is targeted at the Islamic headscarf.

FPOe education spokesman Wendelin Moelzer said the law was "a signal against political Islam" while OeVP MP Rudolf Taschner said the measure was necessary to free girls from "subjugation".

The government says the patka head covering worn by Sikh boys or the Jewish kippa would not be affected.

Austria's official Muslim community organisation IGGOe has previously condemned the proposals as "shameless" and a "diversionary tactic".

The IGGOe says that in any case only a "miniscule number" of girls would be affected.

Opposition MPs almost all voted against the measure, with some accusing the government of focusing on garnering positive headlines rather than child welfare.

The government admits that the law is likely to be challenged at Austria's constitutional court, either on grounds of religious discrimination or because similar legislation affecting schools is normally passed with a two-thirds majority of MPs.

The OeVP and FPOe formed a coalition in late 2017 after elections in which both parties took a tough anti-immigration stance and warned of the dangers of so-called "parallel societies".&nbsp;

Austrian MPs on Wednesday approved a law aimed at banning the headscarf in primary schools, a measure proposed by the ruling right-wing government. So as to avoid charges that the law discriminates against Muslims, the text refers to any "ideologically or religiously influenced clothing which is associated with the covering of the head".

Austrian MPs on Wednesday approved a law aimed at banning the headscarf in primary schools, a measure proposed by the ruling right-wing government. So as to avoid charges that the law discriminates against Muslims, the text refers to any "ideologically or religiously influenced clothing which is associated with the covering of the head". However, representatives of both parts of the governing coalition, the centre-right People's Party (OeVP) and the far-right Freedom Party (FPOe), have made it clear that the law is targeted at the Islamic headscarf. FPOe education spokesman Wendelin Moelzer said the law was "a signal against political Islam" while OeVP MP Rudolf Taschner said the measure was necessary to free girls from "subjugation". The government says the patka head covering worn by Sikh boys or the Jewish kippa would not be affected. Austria's official Muslim community organisation IGGOe has previously condemned the proposals as "shameless" and a "diversionary tactic". The IGGOe says that in any case only a "miniscule number" of girls would be affected. Opposition MPs almost all voted against the measure, with some accusing the government of focusing on garnering positive headlines rather than child welfare. The government admits that the law is likely to be challenged at Austria's constitutional court, either on grounds of religious discrimination or because similar legislation affecting schools is normally passed with a two-thirds majority of MPs. The OeVP and FPOe formed a coalition in late 2017 after elections in which both parties took a tough anti-immigration stance and warned of the dangers of so-called "parallel societies".

Austrian MPs approve headscarf ban in primary schools

&nbsp;Private employers may bar staff from wearing Islamic headscarves and other visible religious symbols under certain conditions, the European Union&#39;s top court ruled on Tuesday.

In its first ruling on what has become a major political issue across Europe, the Court of Justice (ECJ) found that a Belgian firm which had a rule barring employees who dealt with customers from wearing visible religious and political symbols in order to project a public image of neutrality may not be guilty of discrimination, if it met certain other conditions.

However, it found that a French company that dismissed a software engineer for refusing to remove her&nbsp;headscarf&nbsp;may have breached EU laws barring discrimination on religious grounds if it did so not because of a general internal rule but just because a particular client objected.

The judgment in the two joined cases came on the eve of a Dutch election in which Muslim immigration has been a key issue and is a bellwether for attitudes to migration and refugees across Europe. France votes for a president next month and there too an anti-immigration party is riding high in opinion polls.

The Open Society Justice Initiative, a group backed by the philanthropist George Soros which had supported the women, said it was disappointed by the ruling which it said &quot;weakens the guarantee of equality that is at the heart of the EU&rsquo;s anti-discrimination directive.&quot;

&quot;In many member states, national laws will still recognise that banning religious headscarves at work is discrimination. But in places where national law is weak, this ruling will exclude many Muslim women from the workplace,&quot; its policy officer, Maryam Hmadoun, said.

Referring to the case of Samira Achbita, who was dismissed as a receptionist in Belgium by services firm G4S, the ECJ said: &quot;An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination.&quot;

However, it added, in the case of Asma Bougnaoui, who was dismissed by French software company Micropole: &quot;In the absence of such a rule, the willingness of an employer to take account of the wishes of a customer no longer to have the employer&#39;s services provided by a worker wearing an Islamic&nbsp;headscarf&nbsp;cannot be considered an occupational requirement that could rule out discrimination.&quot;

In Achbita&#39;s case, the Court said it was for Belgian judges to determine whether she may have been a victim of indirect discrimination if the rule put people of a particular faith at a disadvantage.

But the rule could still be justified if it was &quot;genuinely pursued in a consistent and systematic manner&quot; with a &quot;legitimate aim&quot;, such as projecting an &quot;image of neutrality&quot; as part of the company&#39;s freedom to conduct business.

In the Bougnaoui case, the EU judges in Luxembourg said it was up to French courts to determine whether she was fired for failing to comply with a similar internal rule.

If her dismissal was based only on meeting a particular customer&#39;s preference, it saw &quot;only very limited circumstances&quot; in which a religious symbol could be objectively taken as reason for her not to work.

(Reuters)

The bloc's top court 'prohibits the visible wearing of any political, philosophical or religious sign'

Private employers may bar staff from wearing Islamic headscarves and other visible religious symbols under certain conditions, the European Union's top court ruled on Tuesday. In its first ruling on what has become a major political issue across Europe, the Court of Justice (ECJ) found that a Belgian firm which had a rule barring employees who dealt with customers from wearing visible religious and political symbols in order to project a public image of neutrality may not be guilty of discrimination, if it met certain other conditions. However, it found that a French company that dismissed a software engineer for refusing to remove her headscarf may have breached EU laws barring discrimination on religious grounds if it did so not because of a general internal rule but just because a particular client objected. The judgment in the two joined cases came on the eve of a Dutch election in which Muslim immigration has been a key issue and is a bellwether for attitudes to migration and refugees across Europe. France votes for a president next month and there too an anti-immigration party is riding high in opinion polls. The Open Society Justice Initiative, a group backed by the philanthropist George Soros which had supported the women, said it was disappointed by the ruling which it said "weakens the guarantee of equality that is at the heart of the EU’s anti-discrimination directive." "In many member states, national laws will still recognise that banning religious headscarves at work is discrimination. But in places where national law is weak, this ruling will exclude many Muslim women from the workplace," its policy officer, Maryam Hmadoun, said. Referring to the case of Samira Achbita, who was dismissed as a receptionist in Belgium by services firm G4S, the ECJ said: "An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination." However, it added, in the case of Asma Bougnaoui, who was dismissed by French software company Micropole: "In the absence of such a rule, the willingness of an employer to take account of the wishes of a customer no longer to have the employer's services provided by a worker wearing an Islamic headscarf cannot be considered an occupational requirement that could rule out discrimination." In Achbita's case, the Court said it was for Belgian judges to determine whether she may have been a victim of indirect discrimination if the rule put people of a particular faith at a disadvantage. But the rule could still be justified if it was "genuinely pursued in a consistent and systematic manner" with a "legitimate aim", such as projecting an "image of neutrality" as part of the company's freedom to conduct business. In the Bougnaoui case, the EU judges in Luxembourg said it was up to French courts to determine whether she was fired for failing to comply with a similar internal rule. If her dismissal was based only on meeting a particular customer's preference, it saw "only very limited circumstances" in which a religious symbol could be objectively taken as reason for her not to work. (Reuters)

Employers can ban headscarves in workplace, top EU court rules

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