The government of the state of Berlin is currently reviewing the Neutrality Law, despite conflicting opinions in the state parliament.
The issue has recently become controversial again in relation to allowing teachers to wear the hijab in schools. The ban is no longer justifiable in light of several court rulings, and the coalition government of the state—made up of the Christian Democratic Union (CDU) and the Social Democratic Party (SPD)—is calling for reforming the law based on this reality.
Germany’s Welt newspaper wrote: In the future, the hijab ban will be lifted unless it can be shown that the hijab poses a tangible threat or disrupts peace within the school. In such cases, each situation must be assessed individually.
According to a report by Shafaqna News Agency, the newspaper quoted a critical statement from Green Party representative Tuba Bozkurt, who described the ban as discriminatory against religious dress. She stated: “Berlin is a diverse city, and this diversity deserves to be visible,” and called for the abolition of the Neutrality Law. The Left Party also supports repealing the law.
Ongoing Efforts by the Green Party
The Green Party in the state of Berlin is working not only to reform the Neutrality Law but to completely abolish it. The party justifies this move by arguing that it wants to allow women to work while wearing the hijab.
The Neutrality Law prohibits the wearing of religious symbols or clothing while performing official duties. However, after several legal disputes and rulings from the Federal Constitutional Court, the law no longer applies to teachers in Berlin.
The law, which came into force in 2005, required public employees to refrain from wearing visible religious or ideological symbols. Since then, debates have mainly focused on the hijab—especially in schools.
An IT specialist had filed a complaint, saying she wanted to become a teacher but didn’t want to remove her hijab. She pursued legal action, which eventually reached the Federal Labor Court. In 2020, a ruling was issued in her favor, and she was granted the position. The court stated that teachers wearing a hijab cannot be generally rejected, and only if the hijab represents a “tangible threat” to the peace of the school can action be taken.
However, the state of Berlin did not accept this and appealed to the Federal Constitutional Court, which dismissed the case in 2023.
It is worth noting that the Green Party is also working to allow veiled women to work in the police force. Tuba Bozkurt, the Green Party’s spokesperson for anti-discrimination in the Berlin state parliament, told German media: “The presence of veiled police officers in Berlin would be very beneficial.”
Tuba Bozkurt, who supports the Green Party’s initiative, believes that “Muslim women who wear the hijab are part of society, and this normal reality should be reflected in the streets, schools, and public offices.”
Shafaqna News Agency