Swiss canton rejects school headscarf ban

Aargau government rejects general ban on headscarves in schools Keystone-SDA

The Swiss canton of Aargau has rejected a blanket ban on headscarves and other religious symbols in primary schools.

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Legal hurdles, constitutional concerns and a Supreme Court ruling are the main reasons for rejecting a general ban.

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According to the governing authorities, a comprehensive cantonal headscarf ban for schoolgirls would very likely be unconstitutional based on current practice. It would represent a serious encroachment on freedom of belief and conscience.

The Federal Supreme Court had already clarified in a leading decision in 2015 that public interests such as state neutrality, the integration function of schools or the equality of women and men were not sufficient to justify such a ban.

In addition, the cantonal government sees a potential conflict with the ban on discrimination, as the requested ban would be directed exclusively against girls. This would result in a protracted legal dispute up to the Supreme Court, which would cause considerable legal uncertainty and high costs for the canton.

Protection from coercion

Despite the legal rejection, in its statement the cantonal government recognises the motion’s authors’ assessment that religious clothing such as the Muslim headscarf can be an expression of discrimination and oppression. Protection from religious coercion is also a high-value public interest.

The canton said it could examine additional recommendations, guidelines or directives for primary schools.

The cantonal government also rejected a motion calling for a ban on conspicuous religious symbols for state employees. However, it is prepared to accept the request as a postulate in order to examine the complex legal issues in greater depth.

In the government’s view, such a ban could represent a serious encroachment on freedom of belief and conscience, which is protected by the constitution.

Adapted from German by AI/mga

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