Austria: veil ban for children under 14 before the Constitutional Court

The Austrian Constitutional Court will have to rule in the first half of 2027 on the legality of the ban on Muslim headscarves imposed on girls under 14 in the country’s schools. Coming into force on September 1, 2026, the measure explicitly targets head covering worn according to Islamic tradition.

Several young girls aged 9 to 12, accompanied by their parents, are contesting this provision, believing that it violates religious freedom and the principle of equality. After several stages of dialogue with the establishment, fines which can range from 150 to 800 euros may be imposed. The case is all the more significant since in 2020, the same Constitutional Court had already annulled a previous ban targeting girls under 10 years old. The judges then ruled that this measure discriminated against Muslim students and contravened the principle of religious neutrality of the State.

Six years later, Austria is back with legislation that once again explicitly targets the Muslim headscarf. And this is precisely where the heart of the debate lies: can we still invoke neutrality or integration when the law does not target religious symbols indiscriminately, but specifically designates a practice associated with Islam?

The decision expected in 2027 will go far beyond just the Austrian framework. In particular, it will say how far a European state can go in restricting Muslim religious practice without falling into discrimination contrary to its own constitutional principles. In a Europe where restrictions affecting the visibility of Islam are increasing, this new legal battle around the headscarf thus appears to be a major test: that of equal treatment of Muslims before the law.