Ernesa Shala is a JURIST staff correspondent in Kosovo and a recent graduate of the University of Pristina Faculty of Law.
Kosovo’s Ombudsperson is currently examining the case of an 18-year-old student expelled from Bedri Pejani high school in Peja for wearing a headscarf, commonly known as the hijab. Despite a meeting between the Minister of Education, Arbërie Nagavci, and Peja’s Director of Education, Naser Gega, no decision has yet been made regarding the student’s return to school.
A month has now passed since A.D., the student in question, has been absent from classes. She was reportedly removed from the school at the start of the academic year due to her decision to wear the veil. On September 2, school officials excluded her from the educational process, citing adherence to an administrative instruction from the Ministry of Education, Science, Technology, and Innovation (MESTI) which prohibits “religious uniforms” in public schools. This instruction is the basis for the school’s decision to expel her.
Minister Nagavci has recommended that the student be reinstated, but Gega stated that the minister’s comments were merely advisory, and further consultations are being sought with legal experts. Gega noted that an official announcement on the matter would be forthcoming, possibly within the next few days. Emotional and Psychological Impact Psychologist Yll Ademaj emphasized the potential negative psychological effects of the expulsion on the student. Ademaj pointed out that the sense of rejection and isolation from peers could lead to emotional
distress. “Exclusion from school can significantly impact a student’s mental well-being, particularly when they feel rejected or treated differently from their peers,” he stated.
The case has drawn the attention of Kosovo’s Ombudsman, which is conducting a review. Petrit Çollaku, the Ombudsman’s communication officer, confirmed that they are in the final stages of analyzing the situation and will soon issue a public opinion. The Ombudsman’s Office has raised concerns about possible violations of human rights in this case, particularly regarding religious freedom and access to education. The Basic Prosecutor’s Office in Peja is also involved, investigating whether the expulsion constitutes a criminal offense under human rights violation laws. A representative from the prosecutor’s office confirmed that the family of A.D. filed a complaint, alleging that the decision to remove her from school was made verbally and without a formal written notice.
The Islamic Community of Kosovo (BIK) and civil society organizations, such as the Kosovo Center for Peace, argue that the school’s decision misinterprets MESTI’s Administrative Instruction 6/2014, which prohibits religious uniforms in public schools. They assert that the instruction has been applied arbitrarily and that the student’s rights to education and religious expression have been violated. Legal experts have also weighed in, noting that the current instruction creates “legal uncertainty” due to its vague language. Gëzim Shala from the Kosovo Institute for Justice commented that the broad nature of the instruction allows for inconsistent application, potentially leading to selective enforcement by educational authorities.
The Director of the Bedri Pejani high school, Musa Nikçi, defended the decision, stating that he was merely following the directives of the Ministry. “As long as the instruction is in place, we have to follow it,” he said. Civil Society Reaction Labinot Maliqi, an imam and head of the Kosovo Center for Peace, revealed that his organization has mediated successfully in similar cases over the past seven years, assisting schoolgirls excluded for wearing the hijab to return to their studies. According to Maliqi, the hijab does not qualify as a “religious uniform” as defined in MESTI’s instruction, and he advocates for its amendment or repeal.
The issue of students wearing headscarves has been a recurring topic in Kosovo’s educational sector. In 2010, and again in 2014, MESTI issued instructions banning religious uniforms in schools, a move criticized by the Islamic Community of Kosovo. They maintain that the headscarf is a religious obligation, not a uniform. Despite repeated requests for clarification from the Ministry of Education, no official response has been provided. The ongoing legal and institutional debates suggest that the outcome of this case could set a significant precedent for religious expression and educational policy in Kosovo.
