High Thresholds and Wide Margins
The European Court of Human Rights (ECtHR) issued an inadmissibility declaration in the climate case of Fliegenschnee and Others v. Austria. While an unsuccessful outcome was expected, the decision nevertheless clarifies three aspects of the Court’s climate jurisprudence. Taken together, the case shows that the Court neither demanded more than in previous cases nor reneged on its requirements as laid down in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland.
Continue reading >>
Lifting the Veil? Oops, They Did it Again
From September 2026 onwards, girls up to the age of 14 will be prohibited from wearing Islamic headscarves in Austrian public and private schools. The girls’ freedom of religion, as well as the principle of equality and neutrality, pose significant obstacles to the constitutionality of such a selective restriction. However, in view of many reports from teachers and sociologists stating that the autonomy and determination of many girls’ identities in schools are increasingly threatened by societal forces, the Constitutional Court might reassess its jurisprudence and adapt it accordingly.
Continue reading >>