Greens in Germany advocate for the repeal of the Neutrality Act, potentially enabling civil servants to wear headscarves.
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The Green party in Berlin's parliament is firing up a debate over the controversial Neutrality Act, arguing that it unfairly targets Muslim female civil servants and hinders their career progression in public service.
This law, implemented in 2005, prohibits civil servants from visibly wearing or displaying religious symbols while at work. It affects various professionals such as teachers, police officers, and judicial officials.
The Neutrality Act has faced criticism and been taken to court multiple times since its inception, with recent backlash stemming from the treatment of headscarves worn by Muslim women. While the law also prohibits Jewish men from wearing a yarmulka, it allows the wearing of crucifixes.
Supporters of the Neutrality Act argue that the legislation serves no specific group, but ratherseeks to preserve the secular nature of public office by separating it from religion and ideology.
However, the Berlin Green parliamentary group contends that the Neutrality Law unfairly bars qualified women who choose to wear a headscarf from pursuing careers in the fields of justice administration, prisons, and the police.
Green Party politician Tuba Bozkurt declared to Tagesspiegel newspaper that the law Constitutes a "de facto professional ban" and prevents well-qualified women from practicing their professions due to the headscarf.
The Greens believe that revoking the Neutrality Act would enable Muslim women to serve in civil service roles, opening doors to careers in the administration of justice, the prison system, and the police.
The conservative CDU and the center-left SPD parties, currently in coalition after the federal elections in February, are unlikely to support changes to the existing law. Their agreement, yet to be finalized, suggests amending the Neutrality Act to align with the Federal Constitutional Court's current case law.
The Origin of the Neutrality Act
In 2015, the German Federal Constitutional Court made a landmark ruling, stating that a comprehensive ban on headscarves would contradict the constitution, unfairly infringing upon fundamental rights.
The decision further noted that such a ban could only be justified when a headscarf posed a risk to school peace or state neutrality.
The Berlin education administration only altered its stance in 2023, long after the ruling. Prior to this change, Berlin authorities had to compensate a teacher of Muslim faith for religious discrimination in 2018 after her headscarf led to her not being hired.
Consequently, the Berlin Senate Administration addressed a letter to all schools, announcing that in the future, they would cease enforcing the Neutrality Act in a literal sense and instead abide by the Federal Constitutional Court's ruling. Yet, what constitutes a threat to school peace remains undefined.
The Neutrality Act's origins can be traced back to another Federal Constitutional Court ruling in 2003, when Fereshta Ludin challenged the law as she wished to work as a teacher in Baden-Württemberg after completing her studies, but was forbidden due to her headscarf.
The court found that the decision of the competent authority and the rulings of the lower courts had infringed upon Ludin's fundamental rights, particularly her freedom of religion and the right to equal access to public office. The court also pointed out that there was no legal basis for such a ban in Baden-Württemberg at the time.
The court confirmed that wearing a headscarf could potentially violate state neutrality, but left it up to the individual federal states to decide whether teachers were allowed to wear headscarves in schools. As a result, Berlin and seven other federal states introduced the Neutrality Act.
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- Greens
- Berlin
- Headscarf
- Public Service
- Religious Neutrality
- The Greens in Berlin are advocating for the abolishment of the Neutrality Act, claiming it disproportionately affects the career advancement of Muslim female civil servants in public service like police officers, teachers, and judicial officials.
- Islamic symbols, such as the hijab, are prohibited by the Neutrality Act, while certain religious symbols, like crucifixes, are allowed, leading to criticism of the policy's bias against Muslim women.
- Despite arguments that the Neutrality Act aims for neutrality in public office, the Greens argue that it unjustly prevents qualified Muslim women who wear a headscarf from entering careers in justice administration, prisons, and the police.
- Efforts to amend the Neutrality Act in line with the Federal Constitutional Court's rulings may be resisted by the conservative CDU and center-left SPD parties, potentially leaving the law in place and hindering the employment of Muslim women in civil service roles.
