European Centre for Counterterrorism and Intelligence Studies – ECCI

DW-Politicians across party lines agree that the niqab and the burqa are out of place at schools and universities. Some, however, fear that a ban could hamper integration into German society.

There are very few women and girls in Germany wearing a full-face veil such as the niqab or the burqa —  most likely a mere two-digit number. A recent verdict handed down by a Hamburg court, however, has sparked a fierce debate with surprising front lines: feminists, at least partially, find themselves on the same side as political right-wingers. And Germany’s Green party is particularly divided on the issue.

Recently, the Hamburg court backed the case of a student’s mother. According to the ruling, her 16-year-old daughter is allowed to wear the niqab in class. The school authority had attempted to ban her from wearing the garment during lessons. Veils like the niqab and the burqa cover a woman’s entire face, sometimes even the eyes.

In their ruling, the judges in particular invoked the girl’s “right to unconditional protection of her freedom of religion.” Limiting that freedom, they added, was only permissible on a legal basis, which does not currently exist in Hamburg’s education legislation.

Education laws made at state level

Since German education laws are made at state level, it is up to every single state to provide its own laws for schools and universities. Lower Saxony’s education laws, for example, have been stipulating since 2017 that “female and male students are not allowed to significantly hamper communication with those involved in school life by means of behavior or clothing.” This outlaws full-face veils. Similarly, students in Bavaria must “not cover their faces, except when this is required by school rules.”

There are regulations at the federal level, too — for example, female federal officials and female soldiers are not allowed to cover their faces when they’re on duty. Members of the public must not wear full-face veils when they drive a car. Likewise, the niqab and the burqa must be removed when authorities examine a woman’s identity.

Unlike in Belgium, France, the Netherlands, Austria and Denmark, Germany has no general ban on wearing full-face veils in public.

European Centre for Counterterrorism and Intelligence Studies – ECCI