Quote:
Originally posted by Rudey
Anyway, Arya it depends on why they're doing it. If they're doing it to ban religion and ban only one, then that's discrimination. If they're doing it for other reasons it might not be. Regardless it is their country just like many of the Arab countries that force it on women - if people accept scarfs as culture in the latter, then they should accept no-headscarfs in Europe as well.
-Rudey
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They are targetting only Muslim women who wear headscarves. This legislation does not cover nuns who works in public school (yes, there are many that does), nor other religions.
There are doubts wether this particular legislation is even legal.
The ECHR states that in Article 9:
'Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance'
However section 2 of article 9, which is likely to be used by the federal state in question as a defence states that
'Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others'.
I feel the only way this defence could work, 'to protect the rights and freedoms of others', which is why the federal constitutional court also would have said that 'new laws could be passed by individual states banning them if they were deemed to unduly influence pupils', is by widening the law to cover all religious symbols like in France. Otherwise it prevents solely a certain minority of people from expressing their religious freedom while others of other religions are entitled to the same right, for example nuns teaching in public schools (they do exist) would still be able to wear a veil as would Christian fundamentalist teachers who want to wear a cross, Jewish teachers who want to wear a yamulke, etc. If they are suggesting the rights and freedoms of others are solely threatened by Muslim teachers it would be hugely controversial.