Facts
The Federal Court dismissed the appeal of the St. Margrethen school district, which had sought to enforce a general ban on a student wearing an Islamic headscarf during lessons. The court concluded that such a ban would constitute a serious infringement of the student's freedom of religion and conscience.
Student C.D. wore a headscarf (hijab) covering her hair and neck for religious reasons while attending school. The school district then prohibited her from wearing the headscarf. C.D.'s parents filed an appeal, which was initially rejected but then upheld by the Administrative Court. The school district then appealed to the Federal Court.
Considerations
The Federal Court stated that the freedom of religion and conscience under Art. 15 of the Federal Constitution protects the right to freely choose and practice one's own religion. Underage children are also holders of this fundamental right, with parents having the right to determine the religious upbringing of their children until the age of 16.
A general ban on wearing a religious symbol such as a headscarf constitutes a serious infringement of the freedom of religion and conscience. Such a restriction requires a legal basis, must be justified by a public interest or the protection of the fundamental rights of third parties, and must comply with the principle of proportionality.
The Federal Court rejected the school district's arguments that the interests of maintaining discipline, preserving state neutrality, or protecting the…