The Headscarf Debate In Germany And Syrian Refugee Crisis

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The Headscarf Debate in Germany and Syrian Refugee Crisis
Introduction
Recently, there have been lots of debates in Germany regarding the manner in how various aspects of the diverse society should be dealt with. Such debates have also been experienced by other European countries, with prominent controversies being the dressing codes of the Muslim women; the headscarf. Wearing of the headscarf, a dress code that is considered to be religious in that it conceals the neck has sparked lots of debate in terms of whether its acceptance is an introduction of a religious system that would eliminate the culture of the Germans or not (Sinclair 19). In the recent years, Germany has faced lots of introductions of policies that constrain the wearing of the headscarf in the public service sectors.
Germany has a centralized federal system that helps the sixteen states enjoy a substantial legislative as well as judicial autonomy through the various state parliaments as well as courts. The regulations based on various aspects of religion and culture are thus a sole responsibility of the legislative bodies of the states. However, all the states are governed by the constitution of the nation and the rulings of the Federal Constitutional Court.
The fact that the implementations of various policies are responsibilities of the state results to numerous perceptions of the headscarf in various states. For instance, some states have enforced a ban on the headscarf, whereas some states have remained silent over the same. Wearing a headscarf and securing employment as a civil servant in Germany is challenging in some states. The perception that the piece of cloth does not guarantee neutrality in religion has been the primary argument (Shadid and Koningsveld 48). Intercession by the court of laws is thus vital in addressing the issue.
Ferhat Ludin, having secured citizenship in Germany, but could not serve in public schools as a teacher due to the headscarf, moved to court in 1998 to find directives. In 2003, the ruling by the Federal Constitutional Court ruled in her favor. Prohibitions to the delivery of services as a civil servant ought to be based on statutory foundations (Von Campenhausen 665). Even though the ruling was made in her favor, her state, the Baden-Wьrttemberg, passed a rule that barred teachers with headscarf from serving in the public schools. Controversy has thus surrounded the topic based on the various rulings made by the Federal Constitutional Court and the European Court of Justice. The essay explores the historical origin of the headscarf, its controversy, the headscarf as a symbol, the rulings of the European Court of Justice, impacts of Syrian refugees in Germany about the dressing and the way forward on the issue.
Historical Perspective of Headscarf
Legal disputes relating to the wearing of the headscarf in Germany dates back to the year 1998 when a case was filed by a Muslim woman. The primary concern for the filing of the case was to permit her wearing of the Islamic headscarf while at work. Ferhat Ludin was working as a teacher in Germany. Despite having been a native citizen of Afghanistan, she had acquired German citizenship in the year 1995 and had developed great motives...