Swiss canton votes to ban headscarves for girls under 16

Aargau Parliament seeks to introduce legislation banning headscarves in schools Keystone-SDA

The Aargau cantonal government has been tasked with drawing up legislation to ban headscarves for schoolgirls aged 16 and under in schools.

The cantonal parliament approved a motion to that effect submitted by lawmakers from the Radical-Liberal Party, the Federal Democratic Union, the Centre Party and Swiss People’s Party.

The cantonal parliament approved the motion by 78 votes to 54. After a heated debate on Tuesday, the People’s Party, the Radical-Liberals and parts of the Centre Party voted in favour. The cantonal government opposed the motion, citing legal and constitutional concerns, as well as relevant rulings by the Federal Court.

Martina Bircher, member of the Swiss People’s Party and cantonal education minister, said the cantonal government recognised that the headscarf could be a symbol of oppression. However, it noted that the Federal Court had made clear in a landmark 2015 ruling that public interests such as state neutrality, the role of schools in promoting integration and gender equality were not sufficient grounds for such a ban.

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Adrian Schoop, the Radical-Liberal who put forward the motion, said that people had fought for women’s equality for decades, but were now prepared to “import cultures that restricted it”. The headscarf, he argued, was a “symbol of oppression and exclusion”. He added that the state had a broad duty to protect children.

Edith Saner from the Centre Party said the measure was about protecting girls. She argued that the state could not simply turn a blind eye to the issue. Despite concerns about its constitutionality, part of the parliamentary group backed the motion.

Canton should be prepared for a legal battle

Roland Haldimann, from the Federal Democratic Union speaking on behalf of the Swiss People’s Party, said the headscarf had no place in schools. He argued that calls for a ban were not breaking new ground. Nicole Burger from the Swiss People’s Party said the legal landscape was evolving and that the canton would have to be prepared to fight the matter in the courts if necessary.

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Speaking on behalf of the Radical-Liberals, Tim Voser said “no child chose to wear a headscarf of their own free will”. Every girl, regardless of her background, had the right to freedom, he said. “In this way, girls could learn to live without religious coercion”. “All defenceless girls should have the chance to experience that freedom”, he added.

Opponents dismiss move as symbolic politics

Lukas Huber from the Liberal Green Party argued that the motion targeted Islam alone. Items of clothing associated with other faiths, such as kippahs, including those worn by children and teenagers, would not be affected. He said the proposed ban was clearly unconstitutional.

Mia Jenni from the Social Democratic Party described the motion as “fundamentally wrong”. She said it was already clear that the proposal could not be implemented under the current legal framework. A ban on clothing aimed at a specific group falls within the protection against discrimination, she argued. Canton Aargau “should not risk making a fool of itself again”.

Ruth Müri from the Green Party said everyone opposed religious coercion, but pointed out that it existed across different faiths. Instead, she argued, efforts should focus on strengthening child protection and prevention measures. Symbolic measures would do little to help those affected.

Uriel Seibert from the Evangelical People’s Party of Switzerland said a ban made little sense from a rational standpoint. He also raised legal concerns, arguing that the proposed dress code restrictions would not apply equally to everyone.

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Translated from German, reviewed by an English Department journalist.