The outgoing government’s plan to ban city council wardens from wearing religious symbols has been delayed after strong criticism from senior advisory body Council of State.

Acting justice minister Foort van Oosten said on Monday he now plans to introduce the ban through a change in the law rather than via administrative proceedings, a process that will take much longer.

The Council of State said the ban on wearing headscarves, crosses and Jewish skull caps would conflict with several parts of the constitution, including equal treatment and freedom of religion.

It recommended not pressing ahead with the plan in its present form, leading the minister to opt for a change in law instead.

Some local councils allow wardens to wear religious symbols, but the cabinet agreed at the end of last year that the practice should be banned in the interest of neutrality – a move earlier championed by VVD leader Dilan Yesilgöz when she was justice minister.

Human rights organisation College voor de Rechten van de Mens said earlier that the minister’s plans were “stigmatising and ineffective” and would “hurt the social participation and independence of a big group of women”.

“A ban on religious symbols or clothing will, in practice, particularly affect girls and women who feel wearing a headscarf is a religious duty,” a spokesman said. Neutrality is a matter of conduct, not clothing, the organisation stated.