Germany: The teacher head scarf case

Abstract

In September 2003, the German Constitutional Court, by a five to three vote, ruled on the complaint of a German teacher, a Muslim, who fought for her eligibility for employment in the civil service. The complainant was not willing to remove her head scarf during classes. She asserted that taking off the scarf, which was for her an integral part of her Islamic identity, would infringe Articles 4(1) and (2), as well as 33(3), of the German Basic Law.2 The Constitutional Court’s decision was awaited eagerly due to its potential significance for the integration of Muslims into German society. The Muslim community, comprising more than three million members, is the second most prevalent religious group after Christianity. While the head scarf is only one of the issues that has arisen with regard to Muslims in Germany in recent years,3 it is especially controversial because it is an ostentatious sign of religious affiliation and, for some, the most visible symbol of the suppression and unequal treatment of women. Although Germany is a strictly secular state, religious references per se are not forbidden in its public schools. Furthermore, the Constitutional Court has held that the nondenominational Christian-school paradigm (Christliche Gemeinschaftsschule) is compatible with the Basic Law.4 However, in its order of May 1995, concerning the display of crucifixes in a Bavarian elementary school, the Court made clear that an ever-present cross could be sufficiently compelling as to contravene the fundamental freedoms of parents as well as 86 DEVELOPMENTS