No Islamic headscarves in schools, Supreme Court rejects lawsuit

The Supreme Court of Kosovo on Wednesday rejected as unfounded the lawsuit filed by the Women's Network for Professional Development, "Arrita", against the Ministry of Education, Science, Technology and Innovation (MASHTI), regarding the ban on the Islamic veil in public educational institutions.

The plaintiff had requested that Article 3, paragraph 1, subparagraph 1.13 of Administrative Instruction No. 06/2014 on the Code of Conduct and Disciplinary Measures for Upper Secondary School Students be declared illegal and repealed. According to her, this instruction restricts the constitutional freedoms and rights of girls who wear religious headscarves, while the Constitution provides that such restrictions can only be imposed by law.

"Arrita" had emphasized that in the last four years it has received many complaints from girls expelled or suspended from public schools due to wearing a headscarf.

In the reasoning of the decision, the Supreme Court emphasized that MESTI has clear legal authorization to determine rules for the behavior and dress of students, based on the Law on Pre-University Education and the Law on Vocational Education and Training.

"Therefore, the ban on religious uniforms in schools is considered in accordance with the law and the normative hierarchy," the decision states.

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The court added that limiting religious manifestation in educational institutions does not conflict with the Constitution, also relying on the practices of the Constitutional Court of Kosovo and the European Court of Human Rights (ECHR).

In its decision, the Supreme Court recalled that religious freedom is “a matter of individual conscience,” but not every action motivated by religion enjoys absolute protection. In democratic societies, according to the court, these freedoms may be limited to preserve interreligious harmony and the neutrality of the state.