UN Human Rights Office Questions Ban on Hijab for Girls Under 14 in Austria
JAKARTA - The United Nations Human Rights Office (OHCHR) on Monday expressed concern over a new Austrian law banning headscarves for girls under the age of 14 in all schools, questioning whether the measure met international human rights standards.
Austria argues the ban promotes gender equality; however, a similar restriction, which targeted girls under the age of 10, was overturned by the country's Constitutional Court in 2020 on the grounds that it specifically targeted Muslims.
"Freedom to practice one's religion or belief may only be restricted by provisions of law and is necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others," UN Human Rights Office spokesperson Marta Hurtado told Anadolu, as quoted (16/12).
"It is unclear in this case how the use of a headscarf would be a threat to the safety, health, or rights of others," he said.
Hurtado emphasized that even when restrictions aim to achieve legitimate objectives, such restrictions must meet strict proportionality requirements under international law.
"Even if the restrictions are justified by a legitimate aim, the measure must be proportionate to that aim. Absolute prohibitions have been deemed unreasonable by the Human Rights Committee," he explained.
The spokesperson also warned that arguments that put forward the ban as an effort to protect the autonomy of girls could raise concerns about discrimination and freedom of action.
Regarding autonomy, choice, and gender-based discrimination, he emphasized that no one should be forced to wear or remove religious symbols.
"Arguments that ignore the voice of women or girls regarding the decision to wear a headscarf are considered by some as an abandonment of freedom of action and the ability of women to give consent," Hurtado explained.
Under the law, students who violate the ban are first required to attend a series of meetings involving the school and their legal guardians.
In the case of repeated non-compliance, child and youth welfare services must be notified. As a last resort, parents or guardians can be fined up to 800 euros.
Previously, Austria's National Council on Thursday approved a controversial ban on the wearing of headscarves for girls under the age of 14 in schools, with broad support from various parties.
The move bans the wearing of hijabs "in accordance with Islamic tradition" in all state and private schools, as reported by Austrian news agency ORF.
School events outside the school environment are excluded. The government estimates that around 12,000 girls are affected by this provision.