The government of the canton of Aargau has rejected calls for a general ban on headscarves in primary schools, arguing that such a measure would likely violate Switzerland’s constitution, reported SRF. Instead, it says it is willing to examine guidelines aimed at protecting girls from religious coercion.
The issue arose from a motion in the cantonal parliament backed by members of the The Liberals (FDP/PLR), Swiss People’s Party (SVP/UDC), The Centre and Federal Democratic Union of Switzerland (EDU/UDF). The sponsors argued that some girls are pressured into wearing the Muslim headscarf and that the state has a duty to shield minors from religious coercion. For them, the headscarf can symbolise coercion rather than freedom.
In its published response, the cantonal executive described a blanket ban as a serious intrusion on freedom of religion and conscience. It cited a 2015 ruling by the Federal Supreme Court of Switzerland, which held that concerns such as religious neutrality, social integration or gender equality do not in themselves justify prohibiting pupils from wearing religious symbols. A general ban, the government warned, would also risk violating anti-discrimination principles, as it would in practice target girls. Such a move could trigger lengthy litigation and substantial costs.
Though opposed to an outright prohibition, the government acknowledged that religious dress may in some cases reflect coercion. It signalled that, were parliament to downgrade the motion to a less binding rule, it would consider issuing recommendations or guidance to schools aimed at safeguarding pupils’ autonomy.
The executive also rejected a separate proposal from the EDU, SVP and FDP to ban conspicuous religious symbols for civil servants. Given that the rule would apply broadly to employees performing public functions or funded largely by the state, it would affect a wide range of professions. Here, too, the government warned of potential constitutional conflicts but expressed readiness to examine the legal questions in more depth. Such rules exist in Geneva. The canton enshrined secularism in its constitution requiring the state to remain religiously neutral. Civil servants, magistrates and elected officials are barred from displaying conspicuous religious symbols while performing official duties, and public institutions must avoid privileging any faith.
The final decision now rests with Aargau’s cantonal parliament.
More on this:
SRF article (in German)
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