[DW.com]Berlin teacher headscarf ban is illegal, rules top court | DW | 27.08.2020

Germany’s Federal Labor Court on Thursday ruled that a blanket ban on teachers wearing headscarves in schools in the capital city Berlin was unconstitutional.

The court decision was the latest in a case brought by a Muslim woman who was unable to work as a teacher in state schools in the city because she wore a headscarf.

The woman had been “discriminated against because of her religion,” the court ruled.

Read more: Liberal mosque in Berlin draws criticism

What was the case?

The woman initially brought a case to the lower Berlin-Brandenburg labor court after she was told — following a job interview — that she would not be allowed to teach in Berlin if she continued to wear a headscarf.

Teachers in the city were banned from wearing headscarves under the Berlin’s neutrality act that forbids civil servants from wearing religious clothing and symbols.

The lower court ruled that headscarves could only be banned if there was a concrete threat to peace at school. In November 2018, the court ordered the city-state Berlin to pay the woman €5,159 ($6,098) in compensation.

Then lawyers on behalf of Berlin appealed the ruling by the Berlin-Brandenburg labor court, citing the neutrality act.

Thursday’s ruling was the last stage in the ongoing lawsuit with the federal labor court siding with the lower court’s decision.

Both courts referred to a 2015 ruling by the Federal Constitutional Court that ruled that a general headscarf ban at public schools was illegal.

Read more: Unveiling the history of the headscarf

Burqa, hijab or niqab? What is she wearing?

Hijab

Most Islamic scholars agree that the hijab, which covers the head and neck, and comes in any number of shapes and colors, must be worn by Muslim women. American teen Hannah Schraim is seen wearing one here while playing with her brother.

Burqa, hijab or niqab? What is she wearing?

Chador

The chador, which is usually black, is a body-length outer garmet often worn in Iran and among modern-minded women in the Gulf States, as here in Saudi Arabia. It is not fastened with clasps or buttons and therefore has to be held closed by the wearer.

Burqa, hijab or niqab? What is she wearing?

Niqab

A niqab is a veil and scarf that covers the entire face yet leaves the eyes free. It covers a woman’s hair, as it falls to the middle of her back and some are also half-length in the front so as to cover her chest. Here it is being worn by women attending a rally by Salafi radicals in Germany.

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Burqa, hijab or niqab? What is she wearing?

Abaya

An abaya is a loose-fitting, full-length garment designed to cover the body. It may come in many different styles, as seen here at an Arab fashion show, and is often worn in combination with hijab or niqab.

Burqa, hijab or niqab? What is she wearing?

Burqa

The burqa is the most extensive of all Muslim garments, covering the entire body from head to toe. It traditionally has a woven mesh area around the eyes, severely restricting the wearer’s vision. Here they are seen casting their ballots in Pakistani parliamentary elections.

Burqa, hijab or niqab? What is she wearing?

No veil

Queen Rania of Jordan says that Islam does not coerce women to wear any head coverings and that it is more important to judge a woman by her ethics and values, rather than what she wears. She is seen here meeting refugees in Greece.

Author: Jon Shelton

What was the response?

Berlin’s Senator of Justice Dirk Behrendt called on Twitter for the law to be changed: “The conflict about the neutrality law should not be allowed to be carried on the backs of the women concerned.”

“In a multi-religious society, it must be about what one has in their head and not on their head,” he added.

Bernhard Franke, head of the Federal Anti-Discrimination office also welcomed the ruling and called for the neutrality law to be revised to avoid future conflict of interest.

kmm/rt (AFP, epd)

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