Contextualizing the Wearing of the Islamic Headscarf in Schools in Spanish and European Case Law
by David Katz Rotnitzky
Question(s) at stake
Whether the transfer of a student wearing the hijab to another school is in the best interests of the child or infringed on the student’s freedom of religion.
Outcome of the ruling
The Court held that the administrative decision to transfer the child to another school was proportionate, taking into account the best interests of the child, her right to education, and her determination to continue wearing the hijab.
Country:
Official citation
Contentious-Administrative Court No. 1 Guadalajara, Judgement of 31 March 2023, No. 54/2023 (Juzgado de lo Contencioso-Administrativo Nº 1 Guadalajara, Sentencia de 31 de marzo de 2023, Sentencia núm. 54/2023)
Topic(s)
Keywords:
Freedom of thought, conscience and religion Hijab Education Religious and cultural symbols Right to education
Tag(s):
Islamic veiling Indirect discrimination Direct discrimination Best interest of the child
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
David Katz Rotnitzky (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
David Katz is a PhD Candidate in the Law & Anthropology Department at the Max Planck Institute for Social Anthropology in Halle. He holds a bachelor’s degree in social and cultural anthropology from the University of Barcelona (Spain), and was awarded the European Master’s Degree in Human Rights and Democratization by the European Inter University Centre in Venice (Italy), for which he spent a semester at the UNESCO Chair on Education for Human Rights, Democracy and Peace at the Aristotle University of Thessaloniki (Greece). In his master’s thesis, “Deconstructing the Right to Freedom of Religion or Belief in Human Rights: A Multidisciplinary Approach on Antisemitism towards the Jewish Community of Thessaloniki”, he analysed the right to freedom of religion and belief and the correlation between the inherent antisemitism in some spheres of Greek society and the limits on the enjoyment of religious rights by the Jewish community of Thessaloniki. His current research falls within the project “Cultural and Religious Diversity under State Law across Europe” (CUREDI).