Is it allowed to wear hijab in schools? Printable versionLast update: 05.04.2020
Recently, there are often situations where parents of schoolchildren, not observing or not knowing the rules, send their children to school in religious clothes. This, of course, causes resentment both among teachers and parents of other children. Let's consider this issue in more detail and answer the most frequently asked questions of citizens regarding this topic.
Requirements for the school uniform prohibit the wearing of the hijab, since any attribute, symbol, element in one way or another implies propaganda of the dogma to which they relate. Ensuring the equality of all religions before the law, the principles of secularism do not allow the advantage of any religion.
The ban on wearing a hijab in the school was introduced only in order to preserve the internal order of the school in accordance with the principles of secularism. Outside the school bans on this issue do not apply.
The very expression "observance of the school uniform" implies "the non-use of any attributes and elements". And this means banning not only the wearing of religious attributes, but also any other. For example, a child can not come to school in free, holiday or sport clothes, in clothes with bright and splashy ornamentations. The concept of "uniform" regulates all these relations.
What regulatory legal acts establish a ban on wearing religious clothing in educational organizations?
The appearance of students in secondary education organizations is regulated by the Rules of Internal Regulations of Educational Organizations, the Charter of the Organization of Education, and the Requirements for Compulsory School Uniform for Secondary Education Organizations, which establish that the compulsory school uniform of secondary education organizations corresponds to the secular nature of education, the style, the color of the school uniform are kept in the classical style, in a single color scheme, with the admittance of mixing no more than three colors. The color of the school uniform is chosen from quiet and not provoking, bright tones.
The school uniform for boys includes a jacket, a vest, trousers, a dress shirt, an everyday shirt (winter period: knitted vest, turtleneck). Pants for boys are of free cut, and along the length cover the ankles.
The school uniform for girls includes a jacket, vest, skirt, trousers, a classic blouse (winter period: knitted vest, sarafan, turtleneck). Pants for girls are free cut, and along the length of the ankles are closed.
The inclusion of elements of religious clothing belonging to various denominations in the school uniform is not allowed
Is there a prohibition on wearing a hijab in the Charter of an educational institution?
According to Art. 41 of the Law of the RK "On Education" the Charter of the Organization of Education, in addition to the requirements provided for by the civil legislation of the Republic of Kazakhstan, should contain:
- the order of the organization of the educational process of education and upbringing, curriculum
- the procedure for formalizing the relations between the organization of education and students, pupils and (or) their parents and other legal representatives
The Charter of the Organization of Education may contain other provisions relating to its activities and not inconsistent with the legislation of the Republic of Kazakhstan.
In connection with the foregoing, the Charter of the educational institution should include requirements that exclude the wearing of religious clothing (hijab, scarf, etc.).
What will the educational institution do if the child comes to school wearing a hijab?
The measures taken by the education organization in cases of violations of school discipline and order are regulated by the Standard Rules for the Activity of Educational Organizations, the Charter of the Organization of Education and the Rules of Internal Regulations.
What is the responsibility of parents in case of non-compliance with the requirements for school uniform?
In accordance with paragraph 7 of Article 3 of the Law "On Religious Activity and Religious Associations" no one has the right to refuse to fulfill the duties provided for by the Constitution and laws of the Republic of Kazakhstan on grounds of his religious beliefs.
In accordance with subparagraphs 3, 6 and 7 of paragraph 2 of Article 49 of the Law of the Republic of Kazakhstan "On Education" parents and other legal representatives are obliged to comply with the rules defined by the Charter of the education organization, the requirements for compulsory school uniform established by the authorized body in the field of education and comply with the form of clothing, established in the organization of education. In accordance with the current legislation of the Republic of Kazakhstan, in respect of parents whose children do not comply with the school uniform, administrative punishment may be applied.
Failure to fulfill or improper performance of duties stipulated by the legislation of the Republic of Kazakhstan in the field of education, by parents or other legal representatives entails a fine of 10 MCI.
Can a teacher wear a hijab in school?
The state system of education and upbringing in the republic is separated from religious associations and is secular.
Considering that the educator is primarily a carrier of secular education, he/she must adhere to the norms and rules established in the organization of secondary education for students.
According to paragraph 5 of Article 51 of the Law of the Republic of Kazakhstan "On Education" pedagogical workers are prohibited from using the educational process for the purposes of political agitation, religious propaganda or for inducing students to take actions contrary to the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan.
In accordance with the current legislation in the field of education for violation of duties and committing an offense that discredits the knowledge of a pedagogical worker, a pedagogical worker may be prosecuted by the Republic of Kazakhstan.
Does the ban on wearing hijab apply to private schools?
Requirements for compulsory school uniform for secondary education organizations apply to all general education institutions, regardless of the form of ownership and departmental affiliation.