Controversy regarding the use of headscarves by law enforcement officials and educators
A hot-button issue: Should public servants be permitted to wear headscarves in the future? The CDU and SPD are faced with this decision as they ponder how to adjust Berlin's public service neutrality requirements.
As of now, Berlin's law enforcement personnel are limited to wearing caps, official baseball caps, winter hats, or operational helmets. However, the CDU aims to keep things status quo, while there are proposals in the House of Representatives to allow headscarves in the judiciary and police. This topic is slated for discussion at the upcoming joint faction conference of the CDU and SPD.
The coalition agreement between the CDU and SPD seeks a change in the law. The Federal Constitutional Court deems a blanket ban on headscarves in public service unconstitutional, unless there is a specific threat to school peace or state neutrality. The ongoing debate about whether and how headscarves should be allowed in public service has been a recurring topic for years.
CDU party members are concerned that the SPD may advocate for police officers and judges to wear headscarves in the future. But leading SPD members vehemently deny this, insisting it's only about creating clear regulations for teachers, which would generally allow headscarves in future years. However, this prospect discomfits some members of the Berlin CDU, who appear unable to thwart the new regulation.
The Social Democrats reiterate their stance: "We aim to fulfill the coalition agreement, adhering to the ruling of the Federal Constitutional Court," SPD faction leader Raed Saleh (48) tells B.Z.
The Greens propose abolishing the neutrality law entirely, contending that it inhibits "women who have chosen to wear a headscarf from accessing public service jobs." Green MP Tuba Bozkurt (42) even deems the law a "de facto professional ban."
CDU members insist, "We have conflicts between origin groups in Berlin that are often religiously motivated. During such conflicts, police and justice must be perceived as neutral representatives of the rule of law." Katharina Senge (43), the CDU's integration spokesperson, states this to B.Z. Similarly, SPD interior expert Martin Matz (60) supports this view: "The administration of justice, police, and prison service are areas where the neutrality of the state takes precedence."
London policewomen have been allowed to wear headscarves for over two decades. In Canada, a Sikh was granted permission to wear a turban as part of his uniform as early as 1991. The rules differ in German federal states, often depending on case-by-case judgments. Experts argue that both neutrality requirements and security concerns oppose headscarves.
Clarification: In a previous publication, we erroneously claimed that the SPD was seeking to lift the headscarf ban for policewomen in Berlin. We extend our apologies for this mistake.
The ongoing debate about headscarves in public service extends to the consideration of allowing headscarves for police officers and judges, a proposal that is causing tension between the CDU and SPD. The SPD, however, clarifies that they aim to create clear regulations for teachers, not police or judges.
Despite conflicting views on the matter, the Social Democrats continue to push for adhering to the ruling of the Federal Constitutional Court and fulfilling the coalition agreement, which seeks a change in the law regarding headscarves in public service.
