The issue of wearing a headscarf in schools is re-updated

Deputies from the Commission for Human Rights in the Assembly of Kosovo, have asked the Ministry of Education that girls under the age 18 year, not to be barred from going to school even if they wear headscarves, or as it is otherwise known as hijab.

The issue of the headscarf was updated this week, after the Commission for Human Rights in the Assembly of Kosovo, has invited the Minister of Education to report on this issue, Arbërie Nagavci.

Laws and administrative decisions in Kosovo, allow Muslim girls to wear headscarves over age 18 year, in universities or in workplaces.

however, such a thing forbids girls in primary and secondary schools.

Administrative Instruction prohibiting religious uniforms

The administrative instruction defines the rights, prohibited actions, disciplinary measures and procedures and their implementation. Courses in Article 3, POINT 1.13, it is said that religious uniforms are forbidden in school.

Chairwoman of the Commission on Human Rights, gender equality, for Missing Persons and Petitions, Duda Balje, told Radio Free Europe that the commission is asking the Ministry of Education to change the administrative instruction, or issue a new one, where veiled girls will not be barred from attending school.

"On behalf of the human rights commission, we are requesting the change of the administrative instruction, or to issue a new administrative instruction, which will specify and give girls the right to go to primary school, secondary even in higher education, to be free to wear headscarves ", tha Balje.

Balje said that this issue can also be regulated by laws, but as she puts it, such a thing can be regulated more quickly by means of a new administrative ordinance.

"We can also change the law. We are ready to go to the end and find a concrete solution ", tha ajo.

Nagavci: Respect human rights but also the Constitution

Minister of Education, Science, Technology and Innovation, Arbёrie Nagavci, said that the ministry is committed and is working so that not a single child is out of the learning process. She said about the issue of coverage in schools and not only, debate should be opened and arguments argued by experts in the field.

"We have to work together, because we are talking about what is best for children. We need to make sure no girls are left out of school benches and we need to make sure no one, not to impose things on him that may be in conflict or contrary to what the Constitution stipulates ”, tha Nagavci.

The Constitution of Kosovo defines the state as "a secular and neutral state in matters of religious beliefs". The highest legal act of Kosovo, according to sociologist of religion Ismail Hasani, leaves no room for ambiguity regarding the wearing of religious symbols in educational and public institutions.

According to Hasan, the issue of wearing headscarves by girls in primary schools, should be discussed with the utmost care.

"The Constitution of Kosovo has decisively clarified what is the position of the state towards religion. Kosovo is a multiethnic state, multicultural, multifetar, but above all it is a secular state and the violation of this element is also a danger to the constitutionality in Kosovo ”, tha Hasani.

Hasani stressed that persons who are committed to religion, in Kosovo there are also religious educational institutions, where they can take lessons.

"Those who mean with conviction are determined by their affiliation, his devotion to religion, to one's own religious affiliation, to display it is good to turn to religious schools where they can supplement their knowledge, and where they have mercy even more with faith ", tha Hasani.

Islamic Community of Kosovo, meanwhile, has several times appealed to girls who wear headscarves, be allowed to attend public pre-university educational institutions.

They say wearing a headscarf or headscarf is an obligation, respectively religious obligation, for the female gender.

Schools and the Constitutional Court

In some schools, over the past years, but also this year, there have been cases where girls wear headscarves, are not allowed to enter the classroom.

Afrim Lulaj, father of a daughter from Gjakova, told Radio Free Europe, that his daughter, is not allowed to enter public high school, because of wearing the headscarf and now as he says, the girl continued her education in a madrasa in Prishtina.

"They let him wait in the school yard and told him to call his parent, and other things. For enrolling children in high school, there was no special rule. Criteria were grades and age, and there was no specification with or without a headscarf. The girl is enrolled in school and when she goes she starts school, they told him not to wear a headscarf ", tha Lulaj.

Lulaj said that the school leaders, citing an administrative instruction drafted by the Ministry of Education in 2014, did not allow the girl to attend classes.

constitutional Court, in a decision of the year 2011, had dismissed as inadmissible a complaint of 19 year old Arjeta Halimi, after he was forbidden to enter a school in Viti with a headscarf.

The court had said that Halimi had not used all the other courts, before addressing the Constitution.

In her opinion, The court said that Halimi "refused to remove her headscarf, The Applicant has exceeded the limits regarding the right to expression and manifestation of religious beliefs in school facilities ”.

Kushtetuta e përcakton Republikën e Kosovës si shtet laik dhe neutral në çështje të besimeve fetare.
Kurti: “Ne jemi kundër ndalimit të mbajtjes së mbulesës”

Kryeministri aktual i Qeverisë së Kosovës, Albin Kurti, në deklarimet e tij, gjatë fushatës zgjedhore por edhe nëpër intervista televizive, ka thënë se nuk është në favor të shamisë, por janë kundër ndalimit. Ai ka thënë se çështja e bartjes së shamisë “është çështje e të drejtave elementare njerëzore”.

“Ne jemi kundër ndalimit të mbajtjes së mbulesës”, ka thënë Kurti në një tubim në vitin 2017, ku ka thënë se partia e tij do ta “luftojë islamofobinë”.

“Pra ne nuk do ta pengojmë një vajzë që shkollohet, ose një vajzë që jep mësim në sistemin arsimor, për shkak se në njërën anë është e drejta e mësimit, e në anën tjetër është bindja jonë se është e rëndësishme çka ke në kokë, e jo çka ke mbi kokë”.

Prej kohës kur Kurti është bërë kryeministër, ai nuk ka thënë asgjë se cili do të jetë vendim i qeverisë së tij në lidhje me bartjen ose jo të shamisë në shkolla. /rel