Muslim Dress-codes in German State Schools

Muslim Dress-codes in German State Schools European Journal of Migration and Law 3: 457–474, 2001. © 2001 Kluwer Law International. Printed in the Netherlands. 457 Muslim Dress-codes in German State Schools Review of judgments of the Administrative Courts of Stuttgart and Lüneburg 1 ULF HÄUßLER ∗ 1. Preliminary Remarks The cases under review deal with female Muslim teachers desirous to wear a headscarf in class. In both cases competent Länder education authorities have refused to appoint the teachers in question to a permanent post. The main practical issue underlying these cases is the relationship between immi- gration, integration and the freedom of religion under German constitutional law: Plaintiff in the Baden-Württemberg case is a naturalized immigrant. Moreover, given the increasing naturalization rate of Muslim immigrants there will sooner or later be more cases of like kind. Similar cases might enter the court rolls in other EU Member States with significant immigrant communities from a non-Christian religious and cultural background. The legal rule governing cases like the ones reviewed here is freedom of reli- gion. Plaintiffs in both cases have expressly claimed that they want to act in accordance with a mandatory religious dress-code. As to integration, it is convenient to start by outlining the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Muslim Dress-codes in German State Schools

European Journal of Migration and Law, Volume 3 (3-4): 457 – Jan 1, 2001

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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/15718160120959221
Publisher site
See Article on Publisher Site

Abstract

European Journal of Migration and Law 3: 457–474, 2001. © 2001 Kluwer Law International. Printed in the Netherlands. 457 Muslim Dress-codes in German State Schools Review of judgments of the Administrative Courts of Stuttgart and Lüneburg 1 ULF HÄUßLER ∗ 1. Preliminary Remarks The cases under review deal with female Muslim teachers desirous to wear a headscarf in class. In both cases competent Länder education authorities have refused to appoint the teachers in question to a permanent post. The main practical issue underlying these cases is the relationship between immi- gration, integration and the freedom of religion under German constitutional law: Plaintiff in the Baden-Württemberg case is a naturalized immigrant. Moreover, given the increasing naturalization rate of Muslim immigrants there will sooner or later be more cases of like kind. Similar cases might enter the court rolls in other EU Member States with significant immigrant communities from a non-Christian religious and cultural background. The legal rule governing cases like the ones reviewed here is freedom of reli- gion. Plaintiffs in both cases have expressly claimed that they want to act in accordance with a mandatory religious dress-code. As to integration, it is convenient to start by outlining the

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2001

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