Veil restriction ruling: German court decides Muslim woman is prohibited from driving while wearing niqab
Wednesday, February 1st
Berlin Court Sides Against Muslim Woman Seeking to Drive in Niqab
In a ruling on Monday, an administrative court in Berlin dismissed the plea of a 33-year-old Muslim mother of three, who sought an exception to drive while sporting a face veil. The judges stated that drivers must be easily identifiable.
This convert-to-Islam woman filed her petition, arguing the prohibition infringed on her fundamental rights. She insisted on the freedom to decide who could lay eyes on her face, which she claimed was a religious freedom right. However, the judges disagreed, asserting that granting her an exemption would contravene traffic safety laws and complicate the enforcement of traffic regulations, even those enforced by automated cameras.
Germany's Road Traffic Act forbids drivers from covering their faces while operating a motor vehicle. Numerous courts in Germany have ruled similarly on Islamic face coverings, consistently rejecting exemptions based on religious beliefs.
The Inside Scoop
Germany's restrictions on driving while donning a niqab trace back to legal precedents regarding face-covering clothing in public spaces.
- In 2017, the German Ministry of Traffic outlawed face-covering clothing for vehicle drivers due to safety and identification reasons. [1][2]
- This ban also impacts several public service roles and institutions. That same year, Germany's parliament forbade face-covering clothing for soldiers and civil servants while at work. [1][2]
- In an attempt to ensure safety checks and facilitate law enforcement identification, various German states have expanded these restrictions. For example, Bavaria prohibits face-covering clothing for teachers, state workers, and university students; Lower Saxony disallows the burqa and niqab in public schools; and Baden-Württemberg prohibits these face veils for pupils. [1][2]
These regulations address security concerns, identification issues, and integration policies. The driving ban and other prohibitions uphold clear visibility of drivers’ faces.
Germany's bans belong to a wider European trend curtailing face-covering veils, with nations such as France banning face-covering Muslim veils in public places since 2010. [1] These restrictions aim to balance public safety with religious expression, reflecting historical debates on cultural integration and social cohesion. [2]
[1] https://www.reuters.com/article/us-germany-islam-veil/germany-s-ban-on-driving-while-wearing-face-veil-upheld-court-says-idUSKCN1PJ0DK[2] https://www.telegraph.co.uk/news/2017/03/24/germany-bans-wearing-full-face-veil-schools-universities/
- The ruling on Monday in Berlin follows Germany's general-news trend of restricting face-covering veils in public spaces and public services, a trend that started in 2017 with the ban on face-covering clothing for vehicle drivers, citing safety and identification reasons.
- The recent court decision against a Muslim woman driving in a niqab is part of the crime-and-justice system, addressing security concerns and identification issues, as well as integration policies, within the broader European context of balancing public safety with religious expression.
