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Berlin (dpa / bb) - Education Senator Sandra Scheeres wants to challenge a judgment of the Federal Labor Court against the Berlin headscarf ban for teachers.

The SPD politician informed the Senate on Tuesday that she wanted to lodge a complaint with the Federal Constitutional Court.

In the Senate there was a “broader debate” about the project, said Environment Senator Regine Günther (Greens) at the subsequent Senate press conference when asked.

“Bild” and “BZ” had previously reported on Scheeres' plans.

Günther made it clear that it was a project of the Senate Education Administration and not of the entire red-red-green Senate.

Last but not least, it was discussed to what extent the Federal Constitutional Court has jurisdiction at all.

“Opinions were exchanged.

But the Senate Department for (Education and) Family has said it will continue on its way. "

With a decision on a Muslim woman who had not been accepted into the school service because of her headscarf, the Federal Labor Court had questioned the Berlin Neutrality Act in August 2020.

The woman was discriminated against because of her religion, so the federal labor judge in August.

She is therefore entitled to compensation of around 5159 euros.

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The Neutrality Act prohibits educators at general schools in Berlin, but also judges and public prosecutors, police officers and judicial staff from wearing religious symbols on duty.

This can be a headscarf, but also a cross or a kippah.

The Federal Labor Court referred to the case law of the Federal Constitutional Court, according to which a general, preventive ban on religious symbols or items of clothing is illegal.

Rather, there should be concrete indications of a risk to school peace.

Most recently, the neutrality law had repeatedly caused controversial debates within the red-red-green coalition.

While Scheeres considered the law to be constitutional and appropriate, Justice Senator Dirk Behrendt (Greens) took the opposite view.

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© dpa-infocom, dpa: 210209-99-368656 / 2

Law of neutrality

BAG decision of August 27th