UN raises concern over Austria’s headscarf bar for girls under fourteen
Austria has defended the law as a step to promote gender equality, though a previous ban targeting girls under 10 was overturned by the country’s Constitutional Court in 2020 for specifically targeting Muslim students.
Speaking on the matter, a UN spokesperson said: “The freedom to manifest one’s religion or beliefs can only be subjected to limitations that are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”
She added, “It is not clear in this case how the wearing of the veil would be a threat to safety, health or rights of others.”
The spokesperson emphasized that even restrictions with legitimate goals must meet strict proportionality standards under international law. “Even if restrictions are justified by a legitimate aim, the measure must be proportionate to the objective. Absolute bans have been deemed unreasonable by the Human Rights Committee,” she said.
She also highlighted potential concerns around autonomy and discrimination, warning that framing such measures as protecting girls’ choice could inadvertently undermine their agency.
“The arguments disregarding women’s or girls’ voices concerning decisions to wear the veil are considered by some as ignoring women’s agency and capacity to consent,” she explained.
Under the law, students who violate the ban must first attend meetings with school authorities and their guardians. Persistent non-compliance triggers involvement from child and youth welfare services, and as a final measure, parents or guardians may face fines of up to €800 (approximately $950).
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