What exactly did the Aargau Parliament decide?

The Aargau Parliament has passed a motion to ban the veil from public school pupils until the age of sixteen. The vote ended with 78 votes in favor and 54 against, which took place on Tuesday. The motion was presented by representatives of UDC, UDF, Centro and PLR. Now the Council of State will have to draft a law that translates this decision into a concrete norm.

Why did the Council of State oppose the motion?

The Council of State raised legal obstacles and constitutional doubts. The director of education recalled a fundamental ruling of the Federal Court of 2015 according to which public interests such as the neutrality of the State, the integrative function of the school and equality between women and men are not sufficient to justify such a ban.

What criticisms have been raised by the opposition?

The Liberal Green Party noted that the ban would mainly concern Islam, while other religious symbols such as the kippah would not be banned, violating the principle of equality. The Socialist Party stressed that a ban targeting a specific group could constitute discrimination. The Greens called for more concrete protection and prevention measures instead of a symbolic policy.

What will happen now to the canton of Aargau?

The government of Aargau will have to draft a law on the basis of the approved motion. The text will have to go through a consultation phase with municipalities and interested associations, a new parliamentary vote and could face administrative and legal appeals. If the law is passed, appeals to the Federal Court could block or overturn the rule.

Is this debate only about Aargau or does it have national resonance?

No, it's not just about Aargau. The issue of religious symbols in Swiss public schools remains open at the national level. The way Aargau will proceed will be observed by other cantons and could influence federal jurisprudence if the case were to come before the Swiss Federal Court.

Veil in Argovian schools: rights and constitution (cross-border guide)

Di Redazione Frontaliere Ticino · Published on 25 August 2026

Swiss public school classroom with diverse students, natural light, representing education rights and constitutional issues

The Parliament of Aargau voted to ban the veil in public schools until the age of 16 with 78 yes and 54 no, but the Federal Court questions the legality of the measure.

Context

In a nutshell

Aargau Parliament approves motion to ban veil schools up to 16 years
Vote: 78 in favour, 54 against; took place on Tuesday
Council of State opposes due to doubts about the constitutionality of the Federal Court

Key facts

What: Prohibition of headscarves in public schools until the age of sixteen
When: Tuesday (specific date not disclosed by the source)
Where: Canton of Aargau, Switzerland
Who: Argovian Grand Council; members of UDC, UDF, Centro, PLR
Vote: 78 in favour, 54 against
Legal precedent: Federal Court, fundamental judgment 2015

The parliament of the canton of Aargau has passed a motion to ban headscarves in public schools for pupils up to the age of sixteen. The vote, which took place on Tuesday, recorded seventy-eight votes in favour and fifty-four against. The motion was tabled by representatives of the Centre Democratic Union (UDC), the Federal Democratic Union (UDF), the Centre and the Radical Liberal Party (PLR).

The Argovian Council of State opposed the proposal, citing legal obstacles and doubts about its constitutionality. The director of education Martina Bircher, a member of the UDC, stated that although the State Council recognizes the veil as a possible expression of oppression, the Federal Court had already established in a fundamental judgment of 2015 that public interests such as the neutrality of the State, the integrative function of the

Operational details

The constitutional issue at the heart of the debate

The legal knot that emerges from the Argovian motion is how much the ban can withstand a constitutional scrutiny. The Swiss Federal Court, in a 2015 ruling, defined the legal framework within which the cantons operate. According to that jurisprudence, interests such as state neutrality and gender equality, while important, are not enough alone to justify a blanket ban on religious clothing in public schools.

The Liberal Green Party (PVL) has raised a crucial issue: the ban would mainly concern Islam, while other religious clothing, such as the kippah (the headdress worn by those who practice Judaism), would not be prohibited for young people. This approach would lead to a violation of the principle of equal treatment, compromising the universality of the rule.

The Socialist Party has highlighted an even more relevant aspect: a clothing ban aimed specifically at a defined group could constitute real discrimination, falling under the protection against discrimination provided for in Swiss law. The Greens, while recognizing the problem of child protection and oppression, argue that a symbolic policy does not offer concrete solutions and prefer measures of prevention and effective protection.

The legal road that awaits Aargau is therefore complex. If the government drafts a law

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Key points

What Happens Now: The Regulatory Path

The motion approved by the Argovian Parliament must be followed by an obligatory step: the drafting of a law by the Cantonal Executive. The Council of State has the task of converting the will of Parliament into a concrete regulatory text that respects constitutional constraints.

This process will have some predictable steps. The first consists of the preparation of the bill, which will have to specify crucial details such as the scope of application (all public schools - kindergartens included?), possible exceptions, sanctions for those who violate the prohibition, and the methods of control and enforcement. The text will then be submitted for consultation to the Argovian municipalities, interested associations, legal experts and public law institutes.

The consultation phase is particularly important, as it allows those with constitutional concerns to have their voices officially heard. It is plausible that human rights and civil rights organisations, both at cantonal and federal level, submit legal findings to the Argovian government already at this stage, thus creating a dossier of objections that could influence the final text.

Once the consultation is completed, the State Council will submit the bill to the Grand Council for final approval. At that point, the text will be subject to a new parliamentary debate, where it is favourable that

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Source: tio.ch

Frequently Asked Questions

What exactly did the Aargau Parliament decide?: The Aargau Parliament has passed a motion to ban the veil from public school pupils until the age of sixteen. The vote ended with 78 votes in favor and 54 against, which took place on Tuesday. The motion was presented by representatives of UDC, UDF, Centro and PLR. Now the Council of State will have to draft a law that translates this decision into a concrete norm.
Why did the Council of State oppose the motion?: The Council of State raised legal obstacles and constitutional doubts. The director of education recalled a fundamental ruling of the Federal Court of 2015 according to which public interests such as the neutrality of the State, the integrative function of the school and equality between women and men are not sufficient to justify such a ban.
What criticisms have been raised by the opposition?: The Liberal Green Party noted that the ban would mainly concern Islam, while other religious symbols such as the kippah would not be banned, violating the principle of equality. The Socialist Party stressed that a ban targeting a specific group could constitute discrimination. The Greens called for more concrete protection and prevention measures instead of a symbolic policy.
What will happen now to the canton of Aargau?: The government of Aargau will have to draft a law on the basis of the approved motion. The text will have to go through a consultation phase with municipalities and interested associations, a new parliamentary vote and could face administrative and legal appeals. If the law is passed, appeals to the Federal Court could block or overturn the rule.
Is this debate only about Aargau or does it have national resonance?: No, it's not just about Aargau. The issue of religious symbols in Swiss public schools remains open at the national level. The way Aargau will proceed will be observed by other cantons and could influence federal jurisprudence if the case were to come before the Swiss Federal Court.