Scarf conflict – Muslima compensated | waz.de

Prohibition of the headscarf: the teaching candidate must be compensated

Already in the interview it was about her sail– unsurprisingly for a Berlin computer scientist, the become a newcomer teacher wanted, she then has no work. But the woman did not accept the decision taken against her and went to court. Now the state of Berlin has to pay its damages.

The verdict is particularly important: the question of whether or not the teachers wearing the headscarf is a problem is again and again asked. This is not the first time that Berlin is due to a discrimination must pay.

In the current case obtained the professing Muslim to a monthly salary and a half, which corresponds to 5 981 euros. Regional Labor Court In this case, it was clear that she had been disadvantaged because of her religion.

Nevertheless, the judge asked the Berliner the neutrality Actthat the police, the judiciary and the teachers of general education institutions prohibit the wearing of religious printed clothing in the service, out of the question. It was constitutionally interpretable.

In individual cases, no concrete danger to the school peace given

In the particular case, however, the headscarf, the court, has not recognized any particular danger for school peace or state neutrality. However, according to a judgment of the Federal Constitutional Court of 2015, this is a prerequisite for a general decision. Prohibition of religious symbols in schools.

In April 2018, a primary school teacher had already filed a lawsuit. She did not receive any compensation. In February 2017, however, a teacher became legal – and nearly 8,700 euros.

Berlin wants to appeal the verdict before the Federal Labor Court. This has announced the country's lawyer, Seyran Ates. The reasoning of the judges was "flawed", she said.

Already the previous year, the state labor court had ruled the same in another case. "Religious conflicts are not solved when a woman wearing a headscarf presents herself to the clbad," she told the Berliner Zeitung.

Court considers trial as discrimination based on religion

In this case, the situation is as follows: the Muslim woman has been new to work in a High school, high school or vocational high school ad.

With regard to the vocational school, for which the law of neutrality does not apply, unlike in general education, the applicant was rejected by reference to other candidates more fit. For other types of school, she has not received an offer.

According to the court, this must be considered discrimination on religious grounds. As in the job interview, he had gone from the beginning up to his headscarf. The lower court had rejected the complaint of the woman who still invoked the right of neutrality.

some reactions to the verdict:

• "The conflict over the right of neutrality should not continue to be on the backs of the women affected," said Senator Dirk Behrendt (Greens) in the recent decision. The House of Representatives was to draft the law of neutrality in accordance with the constitution.
• The red-red-green government of the federal capital is basically not an accurate interpreter of the article. While prominent representatives of the Party of the Left and the Greens have repeatedly spoken out in favor of a new one, the SPD, chaired by the mayor of his government, Michael Müller (SPD), has maintained the current law.
• The Berlin Network against Discrimination and Islamophobia (Inssan), which had supported the complainant, described as discriminatory the right to neutrality and the resulting employment practices.
• Green MEP Bettina Jarasch is pleased that supreme justice clarifies the problem before the Federal Labor Court.
• However, the FDP rated the verdict as a bad signal. Public educational institutions must respect the ideological neutrality of the state.
• The anti-discrimination network Inssan said that the decision of the state labor court again showed the discriminatory employment practice of the state of Berlin. Women wearing a headscarf would be excluded from the professionally qualified profession of teacher, said spokeswoman Zeynep Cetin.

There is a danger if the teacher proactively promotes religion

A spokeswoman for the Berlin Labor Court told the German news agency that relatively few cases of religious discrimination were ongoing, the number being one-digit.

The fact that the woman represents no danger, at the same time, is not defined, which is actually a danger, justice in the right of neutrality, again and again before the problems.

The general consensus is that there is danger if the teacher promotes, for example, offensively for his own faith or teaches in schools where ethnic-religious origin it creates tension. (Ses / dpa / EPD)