Abstract: In October 2012, in the Stavropol region of the Russian Federation was a scandal associated with the wearing of Muslim religious headscarves (hijab) in several rural school pupils. The school director forbade girls to wear the hijab while studying. Due to the fact that the girls wearing the hijab is not admitted to the classes, the main question was whether the ban on wearing headscarves in schools violates the right to education, and whether it was possible to consider the ban as gender discrimination in the implementation of the right to education. Keywords : human rights, right to education, right to conscience, traditional values, hijab, religion. Two years ago Russia has faced a problem that Western Eu-rope has solved 10 years ago. It concerns banning Muslim girls wearing Muslim religious headscarves (hijab) in schools. In Oc -tober 2012, in the Stavropol region of the Russian Federation was a big conflict related to the wearing of the Muslim headscarf (hijab) by several rural school pupils (girls). The school direc-tor forbade girls to wear the hijab in the classroom. As a result, girls wearing the hijab were not allowed to attend classes.Due to the fact that girls in hijabs are not admitted to the classes, the main question is to whether the ban on heads-carves in schools violated the right to education, and wheth-er it was possible to consider the ban as gender discrimina-tion in the implementation of the right to education.First of all, it is necessary to determine the legal basis of non-discrimination based on gender in the field of education at the international level and in the Russian Federation.At the international level, there are a number of docu-ments, recognizing the right to education [9, 31–40] and the prohibition of discrimination in education.Thus, the prohibition of discrimination in education is set in the UNESCO Convention against Discrimination in Education 1960 [1], which enshrines the general provisions on the measures that States Parties undertake to adopt in order to combat discrimination in education. In accordance with Article 1 of the Convention the term “discrimination” includes any distinction, exclusion, limitation or preference which, being based on sex, has the purpose or effect of nul-lifying or impairing equality of treatment in education and in particular of depriving any person or group of persons of ac-cess to education of any type or at any level (1 a).Furthermore, under Article 10 of the Convention on the Elimination of All Forms of Discrimination against Women 1979 [2], all States Parties “shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of educa -tion and in particular to ensure”.As Party of this Convention the Russian Federation has to fulfill this obligation.At the national level, according to the Constitution of the Russian Federation 1993 (art. 43):“1. Everyone shall have the right to education.2. Guarantees shall be provided for general access to and free pre-school, secondary and high vocational education in state or municipal educational establishments and at enter-prises” [3].Therefore, in Russia for everyone without discrimination must be guaranteed and secured the right to education, in-cluding free access at all levels except for higher education.A free higher education in state educational organisations must be guaranteed for everyone without discrimination on a competitive basis (art. 43 (3) of the Constitution).This is also confirmed by the provision of Article 2 of the Constitution of the Russian Federation, which states that “the recognition, observance and protection of the rights and free-doms of man and citizen shall be the obligation of the State”.The basic general education is compulsory. Parents shall enable their children to receive a basic general education (art. 43(4) of the Constitution). This provision means that parents have a duty to provide education for all children (boys and girls).The relevant provisions are also contained in the Fed-eral Law “On Education in the Russian Federation” [4]. Ar-ticle 3 establishes the right to education for everyone and the principle of non-discrimination in education (1(2)). Thus,