Sweden’s Supreme Court says ‘no’ to Islamic headscarf ban

Sweden's Supreme Court has reversed the schoolgirl headscarf ban passed by the Moderate-led municipality of Staffanstorp in Skåne back in 2019, saying it breaks freedom of expression laws.

Staffanstorp, where the Moderates rule in coalition with the far-right Sweden Democrats wanted a ban on headscarves for children in preschools and primary schools up to year six, effectively meaning a ban for children under 12, The Local reports.

In Skurup, another municipality led by the Sweden Democrats, politicians had wanted a ban on children and staff in preschools and primary schools.

Previously, parliament has rejected proposals banning headscarves, and the parliament’s committee on the constitution has said that it has no plans for legislation banning headscarves, either for children in certain schools or more broadly in society. 

Both Skåne municipalities have been pushing the headscarf issue for several years. In a previous decision, the Administrative Court came to the conclusion that the headscarf ban the two municipalities wanted to introduce contravenes both protections on religious freedom under Swedish constitutional laws and the European Convention on Human Rights. 

The Supreme Court instead based its decision instead on Sweden’s freedom of expression law, stating that expressions of religious affiliation, such as clothing, are covered by the law.

“Limiting the right to wear a headscarf has effects on individuals and is, therefore, a limitation of freedom of expression,” Justice Ulrik von Essen said in a press release.

“For the limitation to be permitted, it must be supported by law. Such legal support is missing in national law and therefore the municipalities’ decision must be annulled,” he said.