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Geneva politicians exempted from religious symbols ban

A Geneva court ruled Tuesday that parliamentarians in the Swiss region could wear visible religious symbols like the Muslim headscarf, exempting them from a "secularism law" adopted by popular vote in February.

Geneva politicians exempted from religious symbols ban
Photo: Depositphotos

Geneva's Court of Justice said in a statement that its Constitutional Chamber had decided to exempt parliamentarians from the ban on public employees wearing visible religious symbols, because they “do not represent the state, but society in its plurality.” 

“Imposing total confessional neutrality on the legislative bodies” would be “harmful to the democratic principle,” the court found. It also ruled that imposing such a level of religious neutrality would be akin to preventing “people who display their religious adherence from acceding to an elected mandate.”

The decision comes after more than 55 percent of voters in the Swiss canton in February backed the controversial new secularism law.

Prior to that vote, the right-leaning cantonal parliament adopted the text, which also had the backing of Geneva's three main religious communities, the Protestant Church, the Roman Catholic Church and the Old Catholic Church.

But the far left, the Greens, feminist organisations, unions and Muslim groups all opposed it, claiming it was discriminatory and warning it might violate the constitution.

They collected enough signatures to force the issue to a public vote.

After the vote, the constitutional chamber received six separate appeals demanding that the law be revoked.

Tuesday's ruling only impacts parliamentarians in Geneva.

Other protests were overruled, and other public servants will still be banned from visibly wearing religious symbols.

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DISCRIMINATION

Muslim teacher wins €9,000 in Berlin discrimination case

The Muslim woman won an appeal before a Berlin-Brandenburg court on Thursday, and is set to receive nearly €9,000 after she was rejected from a teaching job due to her headscarf.

Muslim teacher wins €9,000 in Berlin discrimination case
File photo: DPA.

The Berlin-Brandenburg court on Thursday ruled on the side of the woman, who was denied a teaching job at a Berlin elementary school.

Head judge Renate Schaude said that the woman had been discriminated against and because her wearing a headscarf posed no danger to school peace, the discrimination against her was illegal. She was therefore awarded €8,680 in compensation.

She had lost her initial case last year as the Berlin school argued neutrality rules meant no one could wear religious symbols in schools.

But in 2015, Germany’s Constitutional Court ruled that general bans on state school teachers wearing headscarves were unconstitutional – unless headscarves were found to “constitute a sufficiently specific danger of impairing the peace at school or the state's duty of neutrality.”

After this major ruling, some states had to revise their regulations – also because they gave preferential treatment to Christian symbols.

But the Berlin-Brandenburg court ruled that Berlin’s neutrality rules were still constitutional. This law states that police, teachers, and justice workers may not wear any religious apparel.

A court in Osnabrück last month ruled very differently than the Berlin-Brandenburg court. In that case, a Muslim woman in Lower Saxony was also not allowed to teach due to her headscarf in 2013. But despite the 2015 Constitutional Court ruling, the lower Osnabrück court said that the school had made a valid decision based on the legal basis at the time.