Spanish court rules school violated student’s rights by barring hijab
Judge awards damages to 17-year-old, says equating religious headscarf with caps and hats was 'overly simplistic' interpretation
LOGROÑO, Spain (MNTV) — A Spanish court has ruled that a secondary school violated a Muslim student’s constitutional right to religious freedom by preventing her from wearing a hijab in class.
Administrative Court No. 2 in Logroño issued a partial ruling in favor of the 17-year-old, who was barred from entering her classroom at Práxedes Mateo Sagasta Institute on Sept. 15 after refusing to remove her headscarf.
The school, the only institution in the La Rioja region offering the International Baccalaureate program, had cited internal regulations banning “caps, hats, hoods and similar items” inside school buildings.
The court rejected this reasoning, finding that equating the Islamic hijab with such items was an “overly simplistic, superficial and inappropriate” interpretation.
The ruling stressed that the hijab is not merely an aesthetic or decorative item but a clear expression of religious belief, and that no public order grounds existed under the law to justify restricting this right.
The judge warned that the school’s interpretation could lead to “absurd outcomes,” including bans on head coverings worn for medical reasons or by members of other religious groups.
Following her exclusion, the student was temporarily barred from lessons and later returned to school without wearing the hijab in order to continue her studies.
The court awarded her €2,000 ($2,100) in moral damages, significantly less than the €45,000 she had sought. The ruling can be appealed before the High Court of Justice of La Rioja.
The decision emphasized that while educational institutions have autonomy in setting internal rules, this autonomy is not absolute and must comply with the constitution and fundamental rights.
Following the incident, fellow students organized a protest in support of their classmate, saying the ban violated rights to education and religious expression.
Spain’s constitution guarantees freedom of religion, though disputes over religious symbols in public institutions, particularly in schools, continue to generate legal and social debate.
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