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Neutrality law: Berlin fails with a constitutional complaint about the headscarf

2023-02-01T22:05:48.705Z


Can Berlin ban teachers from wearing religious symbols? No, the Federal Labor Court decided. The country then turned to the Federal Constitutional Court – in vain.


Enlarge image

A woman with a headscarf in Berlin (archive)

Photo: Wolfgang Kumm / picture alliance / Wolfgang Kumm

The state of Berlin must not ban teachers from wearing headscarves across the board.

The Federal Constitutional Court did not accept an appeal by the State of Berlin against a corresponding judgment by the Federal Labor Court.

That happened on January 17, a spokesman for the Karlsruhe court told the dpa news agency.

The Catholic News Agency had previously reported.

This calls into question the controversial neutrality law, which also enshrines the headscarf ban.

It prohibits teachers and other educators at public schools in Berlin from wearing religious symbols on duty.

This can be a headscarf, but also a cross or a kippah.

Long litigation

The Federal Labor Court had already questioned the regulation in August 2020.

The court awarded a Muslim woman who was not accepted into the school service because of her headscarf compensation of around 5,159 euros because she had been discriminated against because of her religion.

It thus confirmed a decision by the State Labor Court in November 2018, against which the state had appealed.

The education senate administration initially did not comment.

atb/dpa

Source: spiegel

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