Court: Muslim woman not entitled to exemption from ban on wearing a face covering while driving
The Muslim woman from Neuss near Düsseldorf wanted to have her claim recognized that she is allowed to drive a car with a facial disguise under an exceptional regulation, specifically wearing a Niqab that only reveals the eyes. The plaintiff argues that the facial disguise ban is unconstitutional due to infringement on her religious freedom. In the first instance, her claim was rejected by the Administrative Court of Düsseldorf.
According to the Road Traffic Ordinance, the face may not be so covered during driving that it is no longer recognizable. However, exceptions are possible. Such exceptions can consider "individual concerns," as the Higher Administrative Court (OVG) explained. The female driver of the Muslim faith applied for such an exception. However, the Regional Administration of Düsseldorf denied the application.
As the OVG explained, the facial disguise ban aims to ensure that a person at the wheel is recognizable and thus their identity can be established during automated traffic control checks. "Moreover, it protects the driver's all-around vision," the court further stated.
The facial disguise ban serves this purpose in comparison to religious freedom, protecting higher goods such as life or health. Religious freedom, on the other hand, cannot claim a general precedence.
The justification of the Regional Administration for the rejection was found to be incorrect by the court ruling. The administration based its rejection on the fact that the facial disguise ban is meant to secure non-verbal communication in road traffic, which cannot be guaranteed with a Niqab. The assumption of the administration that a Niqab impairs the driver's all-around vision "in general" is not correct. The Senate was able to convince itself of this during the oral proceedings.
Additionally, the court pointed out that the administration had not yet considered how the carrying of a logbook could alternatively secure the identification of the driver. The administration is therefore supposed to decide on the application again. The revision was not allowed. An appeal can be lodged with the Federal Administrative Court.
- Despite the woman's appeal to the Administrative Court in Düsseldorf for an exemption permit due to her religious beliefs, allowing her to drive with a facial disguise like a Niqab, her claim was initially rejected.
- The applicant argued that the ban on veiling, specifically the Niqab, infringes on her religious freedom, making the facial disguise ban unconstitutional according to her view.
- In Neuss, near Düsseldorf, a Muslim woman is seeking recognition of her right to drive with a facial covering under an exceptional regulation, citing her freedom of religion as a basis.
- The Higher Administrative Court (OVG) ruled that exceptions can be made to the Road Traffic Ordinance, which prohibits facial disguises during driving, considering "individual concerns."
- The Muslim woman from Neuss had applied for an exemption permit to drive with a veil, but the Regional Administration of Düsseldorf refused her application, citing the need for non-verbal communication in road traffic.
- The Federal Administrative Court in Germany is the avenue for lodging an appeal against the court's decision, which allowed the revision of the Regional Administration's rejection of the woman's exemption permit application but ultimately did not grant it.
- The Minster of North Rhine-Westphalia, responsible for transportation policies, has yet to address the issue of exemptions for religious observances like the Ban on veiling in the context of driving regulations, leaving room for further discourse and potential policy changes.
