Supreme Court Makes a Decision After School Sage Charge

The College of the Supreme Court has refused to hold a lawsuit for Islamic cover at schools that was submitted to the Ministry of Education, Science, Technology and innovation.

In this case, the female professional development framework “was “Achieve <xx2>.

This court is calling him to the Law for Pre-university Education and Professional Education, as well as their mother, has justified the decision.

“Pamenta claims that with Administrative Guide No.06/2014, which is a general administrative act, the exercise of the rights and constitutional freedoms of girls wearing headscarves (submission). The same has stressed that with Article 55.1 of the Constitution, it is clear that “fundamental rights and freedoms guaranteed with this constitution can only be limited by law”, adding that in the past four years, numerous complaints have been accepted by girls expelled from public schools or that they have been suspended regular follow-up of the teaching process due to the wear of the headscarf at<3>.

Kosovo's Supreme Court has carefully examined the legal basis of the controversial sublegal act, No.06/2014 Administrative Guide, respectively, and assessed that provisions from Article 3 paragraph 1, under paragraph 1.13, are supported by Law No. 04/L-032 for Pre-university Education in the Republic of Kosovo and Law No. 04/L-138 for Professional Education and Training. From these provisions it turns out that the Ministry of Education, Science and Technology has clear legal authorization to establish rules for student behavior, including uniform dress rules. Consequently, the sublegal act is in line with the legal authorisation granted by the lawmaker. Determining as in the contested act with which the wear of religious uniform in schools is prohibited, finds support in a higher legal act for hierarchical power, so as such, it cannot be abolished”

The constitution of the Republic of Kosovo, respectively, has been limited to the reasoning of claims -- in terms of 55 paragraphs 1 -- to limiting freedom of faith and religion as one of the fundamental human rights and freedoms guaranteed with the Constitution of the Republic of Kosovo”

The court has noted that regulations concerning carrying religious symbols to educational institutions vary from country to country, based on national traditions and the need for protection of rights and public order.