Austria’s Constitutional Court has rejected an early legal challenge to the country’s planned headscarf ban in schools, ruling that the case was filed too soon to be considered.
The law, which will take effect in early September, bans girls under the age of 14 from wearing headscarves that cover the hair according to Islamic tradition. It also includes penalties, such as fines, although authorities are expected to begin with guidance and discussions before imposing punishment.
The challenge was brought by several young girls, aged nine to twelve, along with their parents. They asked the court to review whether the law violates constitutional rights. However, the judges did not examine the substance of the case.
Instead, the court ruled that individual applications can only be made when a law is already directly affecting those involved. At present, the girls are still allowed to wear headscarves in school, and their parents are not yet required to act under the new rules. The court said that the possibility of future penalties is not enough to justify a legal challenge before the law takes effect.
This means that any future case will likely have to wait until the law is enforced, such as when a fine is issued, before returning to the court.
In a separate decision, the court also dismissed a challenge to the confiscation of mobile phones in asylum procedures. Authorities are currently allowed to seize phones to gather information about a person’s identity or travel history.
Although concerns were raised about privacy rights, the court rejected the case on procedural grounds, saying not all relevant legal provisions had been challenged.
Both rulings leave key legal questions unanswered, while debates over rights, religion, and state authority continue in Austria.
