How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students

Braun, Kerstin (2017) How much veil is too much veil: on the constitutionality and advisability of face veil bans for German public school students. German Law Journal, 18 (6). pp. 1331-1358.

Abstract

With increasing cultural and religious diversity in Germany, a debate has emerged over the extent and limits of religious freedom in day-to-day life. While much controversy arose over whether public school teachers have the right to wear Islamic head coverings, students as
private individuals are free to wear a headscarf at school if they wish. Yet, recent school and administrative court decisions suggest that the situation is different for students who wear niqab and Islamic face veils rather than just head veils. This Article contemplates whether
niqab-wearing students can be expelled from public school under current German law. In addition, this Article addresses the constitutionality of law reform in this area especially considering the European Court of Human Rights’ jurisprudence in the French context. The Article subsequently contemplates the advisability of such law reform while also drawing on the experiences of countries which have already enacted so-called burqa bans. As many
countries are currently in the process of considering face veil bans, this Article may have relevance beyond the German context.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. German Law Review. Published version is available form publisher's open-access web site.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 13 Nov 2017 00:14
Last Modified: 24 Sep 2018 22:21
Uncontrolled Keywords: Germany; public schools; students; Islamic face veils; niqab; law reform
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
URI: http://eprints.usq.edu.au/id/eprint/33304

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