Headscarved teachers will be able to work in schools in Berlin

The Ministry of Education of the State of Berlin sent a letter to school administrations stating that headscarved teachers can teach in principle. In the article, which reminded the previous decisions of the Constitutional Court, it was pointed out that it was foreseen that religious clothes and symbols in schools could be banned when there is a concrete danger that the impartiality of the state or the peace in the school will be disturbed.

In the article, which stated that all constitutional organs and courts in the country are dependent on the decisions of the Constitutional Court, it was stated that the Berlin State Ministry of Education "will give up the literal implementation of the Law of Neutrality (in the Berlin state laws)".

In the article, it was stated that the wearing of religious attire and symbols may be prohibited only when there is a tangible threat to the peace of the school or to the neutrality of the state.

In the article pointing out that the experience gained in other states shows that wearing religious clothes does not cause significant conflicts in schools, it was stated in the article that if there is concern about the issue, the education directorates can be consulted, and the officers here will examine whether wearing religious clothes or carrying symbols materially disturbs the peace of the school.

In the article, it was noted that carrying only religious clothes or symbols would not tangibly disturb the peace of the school, but it would be a problem for missionary efforts or influencing students.

The German Constitutional Court approved in 2015 that two women teachers could teach wearing headscarves, and in this decision it ruled that freedom of religion could not be restricted due to an "abstract danger", but that a headscarf ban could be imposed if "sufficient concrete danger" was found to disturb the peace at school.

In the state of Berlin, teachers wearing headscarves were not allowed to teach in schools due to the “Impartiality Law” that prohibits the wearing of religious symbols and clothing in schools, police forces and judicial authorities.

However, some teachers who wanted to work in headscarves won these cases by applying to the judiciary against the Berlin state government. Despite this, the Berlin state government, relying on the "Impartiality Law", did not allow headscarved teachers to teach. The teachers won the compensation cases they filed, and it was announced that the state of Berlin paid 22 thousand 170 euros to the teachers who were not employed in public schools due to the headscarf.

(AA)