LA PROHIBICIÓN DEL USO DEL HIYAB EN LOS CENTROS ESCOLARES PÚBLICOS. ANÁLISIS DESDE EL DERECHO CONSTITUCIONAL ESPAÑOL

Abstract

Among the various issues arising from the debate on multiculturalism is that of the use of the hijab by female Muslim students in state schools. From the standpoint of constitutional law, the analysis needs to be redirected to the problem of the defi nition and limits of fundamental rights, in that, as the European Court of Human Rights has recognized, the use of the headscarf is a manifestation of the religious freedom of these people. When it is the woman who makes the decision, and where there is no physical or psychological violence constituting a criminal off ence, that freedom, along with the constitutional principle of the free development of personality, should prevail over women’s equality.