Judgment in Düsseldorf: Niqab ban in class remains!

Judgment in Düsseldorf: Niqab ban in class remains!

A hotly discussed case in Düsseldorf is currently causing a stir! The Düsseldorf Administrative Court has taken a sensational decision that prohibits wearing a niqab during the lessons of a 17-year-old student. This facial veil, which only leaves his eyes clear, gets into the crossfire of the debate about freedom of faith and the educational mandate of the school.

The decision of the court, which is rated by the Rheinische Post emphasizes the importance of open communication in the classroom. The facial expression is a crucial part of non -verbal communication that the court sees as indispensable for everyday school life. Without such a facial expressions, the evaluation of oral services, which is of great importance in North Rhine-Westphalia, is hardly possible.

Communication vs. religion - a hard exchange of blows!

The Bachstrasse vocational college in Düsseldorf, which the plaintiff attended, had initially issued the ban. The school argued that the covering by the NIQAB not only hindered communication, but also undermine the legal obligation of the student to actively participate in the educational process. The administrative court confirmed this view and rejected the student's application for an interim order. However, the decision is not yet final and could be contested by a complaint with the Münster Higher Administrative Court.

educational mandate contra freedom of faith

One of the central points of the discussion is the consideration between religious freedom and the state educational mandate. The court made it clear that almost complete facial covering disturbs the educational mandate considerably. Also the legal tribune online reports report that the court could not recognize a sufficient conflict of conscience of the student who would justify this.

Nevertheless, the decision remains controversial because it intervenes deeply into the fundamental right protected under constitutional law. Now it remains to be seen whether the student is making use of her right and brings the case to the Münster Higher Administrative Court - in the shadow of previous decisions in Hamburg and Lower Saxony, which require a specified legal basis.