Daniel Bartoň
Author’s affiliation: Protestant Theological Faculty, Charles University in Prague

Potential justifications for banning Muslim headscarves from Czech schools

Jurisprudence 4/2016 Section: Articles Page: 3-14

Keywords: religious freedom, Muslim headscarves, Muslim veiling, hidjab, right to education, education

Abstract: This article explores potential justifications for limiting or banning Muslim headscarves from Czech schools. It summarises the norms applicable to the matter and explains in what situations public authorities should consider Muslim headgear to be a religious symbol. It provides an in-depth analysis of arguments presented for limiting Muslim students' religious freedom and right to education and concludes that drafting any such regulation in conformity with human rights law would be extremely difficult because it would require a serious inquiry into the alleged threats posed the by the headscarves showing that there are no viable alternative means of addressing the issue.