Perseverare diabolicum (est)? On the Reintroduction of the Ban on Islamic Headscarves in Austrian Schools

Abstract

Austria’s federal legislation has recently reintroduced a ban on wearing Islamic headscarves in schools. The measure applies to female students under the age of fourteen. A similar ban, previously applicable to female students under the age of ten, had been invalidated by the Constitutional Court. This paper sets out the ban currently in force and analyses whether, in light of the amendments adopted and the partial redefinition of the legislative aims, the attempt to bring the measure into alignment with constitutional principles may be regarded as successful.