Federal Court Germany rejects headscarf ban for teacher


Central Europe


Islamic teacher with a student. Photo Facebook, IBS El Wahda

Teachers in Berlin are not allowed to wear a headscarf. However, the Federal Constitutional Court wiped the ban off the table last week. The judges ruled that it was unconstitutional.

Earlier, the Federal Labour Court had already rejected the headscarf ban that did not have a justification, according to the judges. That is reported by Tagesspiegel. In response, the State of Berlin took the case to the Federal Constitutional Court. However, the judges there came to the same conclusion: the headscarf ban is unconstitutional.


The ruling can have large consequences for Berlin's neutrality law, Spiegel writes. The neutrality law consists of the headscarf ban but also prohibits teachers and other educators at public schools in Berlin from wearing other religious symbols, such as a cross or kippa while teaching.

The legal battle started around 2020 when a Muslim woman received 5,129 euros of compensation after she won her case. She had taken the State of Berlin to court because she was refused employment at a school because of her headscarf.

Endanger peace

Greens politician Bettina Jarasch, who is the current mayor of Berlin and senator for the environment, announced in 2021 that the neutrality law would be changed if the Federal Constitutional Court upheld a decision it took in 2015. At the time, the judges had said that headscarf bans in schools are only permissible if they endanger the peace at the institutions.

However, whether this will happen depends on the Berlin House of Representatives re-election on February 12.



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