What the Law Says About the Proposed Ban on the Islamic Veil by Sílvia Orriols

The government of Ripoll, led by Aliança Catalana, has presented a proposal to amend the civility ordinance that includes the prohibition of the Islamic veil in schools and municipal facilities. The proposal could end up clashing with opposition's refusal and a possible court veto.

First, the ordinance amendment will have to be approved by a simple majority in the municipal plenary. Sílvia Orriols won't have it easy. Especially after the failed motion of no confidence, which has further increased the tension between the municipal government and the opposition.

If it is finally approved, the law could end up in the courts. Jurisprudence doesn't favor the proponents of the measure either, as the Supreme Court prohibited a similar measure promoted by the Lleida city council in 2013.

In any case, the proposal has caused a strong impact on public opinion. Orriols defends the hijab ban for security reasons and to ensure gender equality. Her detractors warn that it violates legal and international precepts.

But what do Spanish law and international precepts say about the prohibition of the Islamic veil? Will the measure be applicable in Ripoll?

Legal Void in Spain

In Spain, there is no law regulating the use of the Islamic veil in schools or municipal facilities. Nor is there a framework regulation in the EU that allows for the establishment of common criteria. This ultimately leaves the application of the ban to the discretion of city councils or the schools themselves.

In the case of schools, the responsibility to approve a law prohibiting the use of the Islamic veil in classrooms falls on the Ministry of Education. So far, this hasn't happened. Schools have to establish their own protocol through internal regulations.

In the educational field, there is a legal precedent in favor of the ban. In 2013, the Superior Court of Justice of Madrid endorsed the prohibition of a student attending class with a headscarf in a school in Pozuelo de Alarcón.

As for public spaces, the precedents aren't very encouraging for Orriols. The Supreme Court set a precedent in 2013 by overturning the prohibition of the Islamic veil in public spaces proposed by the Lleida city council. So far, the judiciary has upheld the essential right to religious freedom over other concepts such as secularism, security, and gender equality.

What Happens in Europe

Spain remains an exception within the EU, where countries with a high percentage of Islamic immigration have legislated against the use of the Islamic veil.

France was a pioneer since the nationalist government of Jacques Chirac banned the Islamic veil in public schools in 2004. In 2023, the abaya, the tunic that covers the body from the torso to the feet, was also banned. Marine Le Pen has promised to ban the Islamic veil on the street if she wins the elections in 2027.

Although the hijab is still allowed in most countries, many have legislated against the use of the full veil (burka or niqab).

Belgium was a pioneer in 2011 by banning any garment that covered the face, including the burka or niqab. France implemented the rule in 2018, albeit with court complications, and the Netherlands did so in 2019.

Austria banned the use of the full Islamic veil in public spaces in 2017 and went a step further. The following year it banned the hijab for girls under ten years old in kindergartens and primary schools.

Latvia also pushed the measure in 2017 and Denmark in 2018 amid a wave of protests from Muslim women. Special mention should be made of Italy's case. There, in 2011, Silvio Berlusconi's party promoted a measure that punishes the use of the full veil in public spaces with one year in prison and fines of up to 30,000.

In Spain, the use of the burka and niqab is still allowed, and in fact, it is increasingly common to see women covered from head to toe on the streets. But in this case, there is a legal loophole. So far, about ten city councils have managed to promote the prohibition of the full veil in municipal facilities.