Facts
The municipal school community of Bürglen (TG) had issued a ban on wearing headscarves at school. Two students, A.X. and C.Y., who profess Islam, had submitted a request to be exempt from this regulation in order to wear the headscarf for religious reasons. The request was rejected. The students and their parents appealed to the Department of Education and Culture of the Canton of Thurgau, but to no avail. The Administrative Court of the Canton of Thurgau then lifted the ban, as there was no sufficient statutory basis for the ban and the interference with the students' freedom of religion and conscience was not proportionate.
The municipal school community of Bürglen filed a complaint with the Federal Court and requested the annulment of the judgment of the Administrative Court. The complainant argued that the ban was based on a statutory basis and that the interference with the students' freedom of religion and conscience was justified.
Considerations
The Federal Court dismissed the complaint. It stated that freedom of religion and conscience (Art. 15 Cst.) is a fundamental right that also includes the right to freely choose and profess one's own religion and worldview. Wearing a headscarf for religious reasons falls under the protection of this freedom.
The court found that an interference with freedom of religion and conscience is only permissible if it is based on a statutory basis, justified by a public interest or the protection of third parties' fundamental rights, and proportionate. In this case, there was a lack of sufficient statutory basis for the ban on wearing headscarves at school.
The court also…