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Austria: Top Court Overturns Headscarf Ban

The case highlights the constitutional restraints that European governments face in regulating political Islam and promoting integration. A regulation that only affects a certain group of female students and that remains selective in order to ensure religious and ideological neutrality as well as gender equality misses its regulatory goal and is irrelevant. §43a SchUG therefore violates the principle of equality in connection with the right to freedom of thought, conscience and religion. Austria s Constitutional Court, December 11, 2020. The prohibition of the wearing of Islamic headscarves in elementary schools was never intended to be a restriction of religious freedom, but rather as a protective mechanism against sexualization and Islamic oppression of underage children.. Unfortunately, this judgment is a step backwards in terms of civilization. Leader of the Freedom Party in Upper Austria, Manfred Haimbuchner.

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