Sweden’s Supreme Court docket has reversed the schoolgirl scarf ban handed by the municipality of Staffanstorp in 2019, arguing that it contravenes freedom of expression legal guidelines.
Staffanstorp, within the county of Skåne, southern Sweden, the place the Moderates rule in coalition with the far-right Sweden Democrats, wished to bar youngsters from carrying headscarves in preschools and first colleges as much as 12 months six, successfully banning youngsters below 12.
In Skurup, one other municipality run by the Sweden Democrats, politicians had pushed for a ban for youngsters and employees in preschools and main colleges.
Parliament has beforehand shut down proposals to ban headscarves.
The Supreme Court docket as an alternative used Sweden’s freedom of expression legislation to again up its ruling, stating that expressions of non secular affiliation, similar to clothes, are coated by this
The parliament’s committee on the structure has stated that it has no plans for laws banning the merchandise of clothes, both for youngsters particularly colleges or in wider society.
Each Skåne municipalities have been pursuing the scarf situation for a number of years.
In a earlier choice, the Administrative Court docket stated the scarf ban the 2 municipalities wished to implement contravenes each the European Conference on Human Rights and protections on non secular freedom below Swedish constitutional legal guidelines.
The Supreme Court docket as an alternative used Sweden’s freedom of expression legislation to again up its ruling, stating that expressions of non secular affiliation, similar to clothes, are coated by this.
‘Limiting the fitting to put on a scarf has results on people and is subsequently a limitation of freedom of expression,’ Justice Ulrik von Essen stated in a press launch, as reported by The Native Sweden.
‘For the limitation to be permitted, it should be supported by legislation. Such authorized help is lacking in nationwide legislation and subsequently the municipalities’ choice should be annulled,’ he stated.
The parliament’s committee on the structure has stated that it has no plans for laws banning the merchandise of clothes, both for youngsters particularly colleges or in wider society
Staffanstorp’s vote to ban headscarves in 2019 shaped a part of an ‘integration plan’ for the city, which was drawn up by the centre-right Reasonable Occasion and the populist Sweden Democrats.
‘The scarf is an emblem that ladies are usually not out there. It is a sexualisation of girls and it is unreasonable to try this to younger women,’ Christian Sonesson, the city’s Reasonable Occasion mayor, informed the native Sydsvenskan newspaper on the time.
‘I’ve nothing towards grownup ladies carrying headscarves, however these are young children, little women.’
Seven out of 11 voted in favour of the measure in Might 2019.
Pierre Sjöström, a councillor for the city’s Social Democrat opposition stated Sonesson was ‘foregrounding a non-problem’.
‘It is simply beauty. The Moderates do not even know if we’ve got pupils who put on headscarves. This can be a answer to an issue that we do not have,’ he informed the newspaper.
Chatting with Swedish broadcaster SR, Andreas Lindholm, a lawyer for the Swedish Nationwide Company for Training, argued the measure was non secular discrimination and subsequently contravened the legislation.
In February 2017 the Swedish authorities was compelled to defend its choice to have its officers put on headscarves throughout a visit to Iran, saying that failing to take action would have damaged the legislation.
Commerce Minister Ann Linde led a enterprise staff that month and was criticised by Swedish politicians for carrying the merchandise.
