The Bundestag passed a new law on April 22nd. Among other things, it enables civil servants to ban headscarves – with reference to “ideological characteristics”.
Berlin – In many countries, the headscarf ban has been anchored in the law for several years. Again and again the topic is up for debate in Germany – especially in connection with civil service. An explicit law that prohibits the wearing of a headscarf for civil servants has not yet existed in this country.
Now a law was passed last week that can do just that. “Features of appearance with religious or ideological connotations” can now be banned in civil service.
| Houses of Parliament: | German Bundestag |
| Founding: | September 7, 1949, Bundeshaus, Bonn |
| Seat: | Reichstag building, Berlin |
| MPs: | 709 |
Nazi tattoos initiated the new law of the Bundestag
Ironically, a police officer with Nazi tattoos can claim to have given the decisive impetus for the new law. The body of the Berlin official was adorned with Nazi symbols that could be seen up to his neck. In addition, there are corresponding texts that he had immortalized on his skin. There is no question that a person with such values should not serve as a police officer.
The Federal Administrative Court agreed in November 2017 and removed him from his service. After all, “a civil servant who identifies himself with a view that contradicts the values of the Basic Law in such a way that he has it tattooed on his skin is not acceptable,” the Leipzig court decided.
A new law allows the prohibition of religious characteristics
It took more than three years for the Bundestag to address this issue. Triggered by cases like the Berlin police officer, there was a new law in the room. This means that not only Hamburg’s Muslims, who have to do without a lot during the Corona lockdown in Ramadan, can ban certain optical features. The prerequisite is that by doing so, they “impair the civil servant’s trust in the civil servant’s neutral inauguration”.
Even if the Bundestag originally intended to nip anti-constitutional content in the bud with a new draft law, the politicians made short work of it. While the headscarf is allowed in the civil service in Turkey *, religious symbols are no longer allowed to be worn by civil servants in Germany – provided that neutrality can no longer be maintained.
New law: civil servants should represent neutrality
After the new law was announced, one question above all arises: Should one really be allowed to prohibit religious symbols – only because they are judged to be annoying based on a subjective feeling?
Several headlines have made the rounds in the past, revealing the effects civil servants may fear from religious symbols. In Osnabrück, for example, a teacher was not hired because of her headscarf *. A French sporting goods chain that sold a headscarf for female joggers was also faced with severe criticism.
Opinions are divided. Last year, headscarf discussions at Frankfurt’s Goethe University prompted a police operation *. So now the subject is up for debate again.
Supporters of the new law believe that the state would only be credibly represented through neutrality. The appearance of civil servants in particular should therefore be free of religiously charged symbols during their working hours. After all, religion and state are separate from one another, and this is exactly how an official of the state should handle it.
New law would suppress human identity
On the other hand, critics of the new law counter that such a provision jeopardizes free access to the public service. Because the cross and headscarf are symbols of religions to which many people belong. A bamf study recently showed that the number of Muslims in Germany has increased significantly *. Unlike a tattoo, they not only adorn the appearance – they are symbols that represent values and identity of people.
The new legislation suppresses the ideas of the respective people. Since the person and the appearance – which also includes the religious symbols – cannot be separated from one another, according to critics, it could bring prejudices to light in advance.
And last but not least, the law leaves a bad taste in the aftertaste by – at least indirectly – equating Nazi tattoos with religion. The law shows once again how explosive the topic actually is. * nordbuzz.de, 24hamburg.de, Kreiszeitung.de, fr.de and merkur.de are offers from IPPEN.MEDIA.
List of rubric lists: © Karl-Josef Hildenbrand / dpa
