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On 1 October 2017, Austria implemented a ban on face coverings, outlawing all face coverings regardless of religion. The law, known as the Anti-Face-Covering Act, was intended to enable interpersonal communication, which is necessary for peaceful coexistence in a democratic, constitutional state. The ban has been controversial, with some seeing it as a way to stop the spread of radical Islam and enhance public safety, while others view it as a violation of religious freedom and an act of discrimination against Muslims. The Austrian government has also banned the hijab for children in kindergarten and primary school, with plans to extend this ban to high school and even university. These bans have been met with mixed reactions, with some seeing them as a way to protect Muslim women from oppression, while others see them as a violation of religious freedom and an act of discrimination.
| Characteristics | Values |
|---|---|
| Date of implementation | 1 October 2017 |
| Name of the act | Anti-Face Veiling Act, Anti-Face-Covering Act |
| Aim | To enable interpersonal communication, which is necessary for peaceful coexistence in a democratic, constitutional state |
| Punishment | Administrative penalty of up to EUR 150 |
| Exceptions | Crash helmets, artistic, cultural or traditional events |
| Public opinion | Divided |
| Number of women wearing burqa | Few |
| Political parties in support | Center-right Austrian People's Party (ÖVP), far-right Freedom Party (FPÖ), Social Democrats, Liberal NEOS, Jetzt |
| Political parties in opposition | None |
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What You'll Learn
Austria's Anti-Face-Covering Act
On 1 October 2017, Austria implemented a ban on face coverings, known as the Anti-Face-Covering Act or the Anti-Face Veiling Act. The law bans full-face coverings in public spaces, including on the street, in official buildings, schools, universities, railway stations, airports, business premises, and so on. It applies to everyone residing in Austria and those who violate the ban are committing an administrative offence, punishable by a fine of up to €150.
The Austrian government states that the law is intended to enable interpersonal communication, which is necessary for peaceful coexistence in a democratic, constitutional state. It is also meant to protect Austrian values. However, the law has been controversial, with Muslim groups condemning it and claiming that very few Austrian Muslims wear full-face veils.
The Act does not specifically mention burqas or any other religious clothing. This is because outright banning burqas would have been seen as deliberate discrimination against Muslims. Instead, the Act outlaws all face coverings, regardless of the religion of the wearer. This includes full-face veils such as the burqa and niqab, as well as medical face masks, clown makeup, and carnival or Halloween costumes, although there are exceptions for artistic, cultural, or traditional events.
In practice, the law has had little effect, as there were few burqa wearers in Austria to begin with. However, it has led to some absurd situations, such as a man in a shark costume being fined while distributing flyers for an electronics store. The law has also been used to fine women wearing headscarves in kindergartens and primary schools, as part of the Austrian government's "fight against political Islam".
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Public opinion on the ban
Supporters of the ban argue that it is necessary to protect Austrian values and enable interpersonal communication, which is essential for peaceful coexistence in a democratic society. The governing chancellors, Sebastian Kurz and HC Strache, framed the ban as a way to fight the segregation of young pupils and to save Muslim girls from Islamic oppression. They also claimed that it was a way to stop the "inevitable spread" of niqabs and burqas and to prevent the country from becoming a laughingstock.
On the other hand, critics of the ban argue that it is unnecessary because only a tiny minority of Austrian Muslims wear full-face veils. They also believe that the ban is a form of deliberate discrimination against Muslims and that it violates the principle of secularism by interfering in religious affairs. Some people find the ban absurd, as it has led to police dealing with trivial offences such as a man wearing a shark costume.
Muslim groups and individuals have condemned the ban, seeing it as a symbol of the oppression of women and religious obscurantism. They argue that Western Enlightenment values require prohibition, regardless of whether a woman has freely chosen to wear Islamic dress. However, there are also Muslim women who support the ban, feeling that the hijab is a means to sexualize their bodies and a symbol of political Islam rather than a religious practice.
Overall, public opinion on the ban in Austria is complex and multifaceted, with a variety of perspectives and arguments being presented by different groups and individuals.
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The ban's impact on tourism
The impact of Austria's ban on face coverings, commonly known as the "burqa ban", on tourism is difficult to determine due to a lack of reliable data. However, it is estimated that the Salzburg region alone welcomes around 350,000 guests from the Arab world every year, and tourism officials have expressed concerns that the ban may deter visitors from the Gulf.
Before the ban, it was estimated that only about 150 women wore the full burqa in Austria, and most of them were not Austrian citizens. Some of these women have found loopholes in the law, such as wearing a medical face mask and carrying a doctor's certificate. This loophole has also been used by some Arab travellers, particularly in tourist destinations like Zell am See near Salzburg.
The ban has also had some unintended consequences. For example, the police fined a man dressed in a shark costume who was distributing flyers for an electronics store. This incident made international headlines and caused some embarrassment for the Austrian government.
Overall, public opinion in Austria remains divided over the ban. While some support it as a way to protect Austrian values and promote integration, others criticise it as unnecessary and discriminatory. The ban has also been characterised as Islamophobic and a violation of the principle of secularism, which dictates that the government should not interfere in religious affairs.
In conclusion, while the direct impact of the ban on tourism is challenging to assess, it has likely had some effect on visitors from the Gulf and other Arab countries. The ban has also contributed to a broader debate about the role of Islam in Western society and the limits of religious freedom in Austria and beyond.
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The ban's impact on civil liberties
The ban on face coverings in Austria, commonly known as the "burqa ban", has had a significant impact on civil liberties, particularly those related to religious expression and individual freedom. The ban, which came into effect on October 1, 2017, prohibits the wearing of full-face coverings in public spaces, including Muslim veils such as the burqa and niqab. While the Austrian government framed the law as necessary for protecting Austrian values and enabling interpersonal communication, it has been criticised for infringing on the freedom of religion and expression guaranteed by human rights frameworks.
One of the most significant impacts of the ban has been on the religious freedom of Muslim women who choose to wear the burqa or niqab. By making it a punishable offence to wear these garments in public, the Austrian government has effectively restricted the ability of these women to freely practice their religious beliefs. This restriction has been characterised as deliberate discrimination against Muslims, despite the law being framed as religiously neutral. The ban has also been criticised for contributing to the "'othering' of Muslims in Austria, creating a divide between those who conform to the majority culture and those who do not.
In addition to religious freedom, the ban also raises questions about individual freedom and autonomy. By dictating what individuals can and cannot wear, the Austrian government is limiting the ability of its citizens to make personal choices about their clothing and appearance. This restriction on personal autonomy can be seen as a violation of the fundamental liberal values that underpin democratic societies, including Austria's. The ban also has implications for public safety, as some women who previously wore the burqa or niqab may now feel unsafe or exposed when appearing in public without their traditional dress.
The impact of the ban extends beyond those who wear full-face coverings, as it sets a precedent for state intervention in matters of personal choice and religious expression. This precedent has already been built upon in Austria, with the government announcing plans to ban headscarves in primary schools and even kindergartens. This indicates a broader trend towards restricting religious expression in public life, which has been characterised as "'Islamophobic' and contrary to the principle of secularism, which dictates that the state should not interfere in religious affairs. The ban on face coverings, therefore, represents a significant erosion of civil liberties in Austria, particularly for religious minorities.
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The ban's constitutionality
The Austrian government's ban on face coverings, commonly known as the "burqa ban", has been a controversial topic since its implementation on 1 October 2017. The law, which applies to everyone residing in Austria, prohibits covering the face using items of clothing or any other items in public spaces, with certain exceptions. Those who violate the ban are subject to an administrative penalty of up to EUR 150.
The ban, officially known as the Anti-Face Veiling Act or the Anti-Face-Covering Act, was introduced by the coalition government consisting of the center-right Austrian People's Party (ÖVP) and the far-right Freedom Party (FPÖ). The government justified the law as necessary for enabling interpersonal communication, which is essential for peaceful coexistence in a democratic, constitutional state. Additionally, they claimed that it was about protecting Austrian values.
However, the ban has been criticised as unconstitutional and discriminatory. Muslim groups and experts have argued that it targets a specific religious group and interferes in religious affairs, violating the principle of secularism. The initiative was not challenged by opposition parties, and it did not receive a majority of two-thirds in parliament, making it unstable and open to litigation.
In late 2018, the Austrian government extended the ban to include a prohibition on the hijab for children in kindergarten and primary school pupils up to 10 years old. This extension was also met with criticism, as it was seen as a restriction on religious freedom and an attempt to sexualize the bodies of young female pupils. The government defended the ban as a means to fight the segregation of young pupils and promote better integration.
In 2020, the Austrian government announced plans to further extend the ban on the headscarf in schools for girls up to 14 years old. However, this extension was struck down by the Austrian Constitutional Court as it was deemed discriminatory, targeting only the headdress of Muslim schoolgirls and not all religious symbols. This ruling highlights the ongoing debate and legal challenges surrounding the constitutionality of the face-covering ban in Austria.
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Frequently asked questions
Austria banned the burqa to protect Austrian values and enable interpersonal communication, which is necessary for peaceful coexistence in a democratic, constitutional state.
The Anti-Face-Covering Act or the Anti-Face Veiling Act outlaws all face coverings, no matter the religion. The law applies to everyone residing in Austria and is punishable by law.
Violating the ban is considered an administrative offence. Offenders may be fined up to €150, and each offence is assessed on an individual basis by police officers.
Public opinion remains divided, and there have been relatively few confrontations between police and women wearing burqas. This is partly because there were few burqa wearers in Austria even before the ban.
