UN rights office questions Austria's headscarf ban for girls under 14

- 'The arguments disregarding women’s or girls’ voices concerning decisions to wear the veil are considered by some as ignoring women’s agency and capacity to consent,' Marta Hurtado says

GENEVA

The UN human rights office on Monday raised concerns over Austria's newly adopted law banning headscarves for girls under the age of 14 in all schools, questioning whether the measure meets international human rights standards.

Austria has argued that the ban promotes gender equality; however, a similar restriction, targeting girls under 10, was struck down by the country's Constitutional Court in 2020 on the grounds that it specifically targeted Muslims.

"The freedom to manifest one’s religion or beliefs can only be subjected to limitations that are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others," Marta Hurtado, spokesperson for the UN human rights office, told Anadolu in a statement.

"It is not clear in this case how the wearing of the veil would be a threat to safety, health or rights of others," she said.

Hurtado stressed that even when restrictions pursue a legitimate aim, they must meet strict proportionality requirements under international law.

"Even if restrictions are justified by a legitimate aim, the measure must be proportionate to the objective. Absolute bans have been deemed unreasonable by the Human Rights Committee," she said.

The spokesperson also warned that arguments framing such bans as protecting girls' autonomy may themselves raise concerns about discrimination and agency.

On autonomy, choice, and gender-based discrimination, she stressed that nobody should be forced to wear or remove a religious symbol. "The arguments disregarding women’s or girls’ voices concerning decisions to wear the veil are considered by some as ignoring women’s agency and capacity to consent," Hurtado said.

Under the law, students who breach the ban are first required to engage in a series of meetings involving school authorities and their legal guardians. In cases of repeated non-compliance, child and youth welfare services must be informed. As a final measure, parents or guardians could face fines of up to €800 (nearly $950).