The judiciary rejects a woman's lawsuit requesting to drive while wearing a niqab.
The Higher Administrative Court of Hesse in the city of Kassel issued a judicial decision prohibiting the wearing of the niqab while driving, unless the female driver obtains an official exemption. The court confirmed a previous ruling issued by the Administrative Court in Darmstadt in a case brought by a woman who demanded to be allowed to drive while wearing the niqab for religious reasons.
The responsible authority, the government presidency in Darmstadt, refused to grant the requested exemption, which led the woman to resort to the judiciary to establish the right to the exception.
She justified her request by stating that having her eyes uncovered is sufficient for her to be recognized in case a picture is taken of her through automated road surveillance systems, and she also considered that the ban contradicts her right to freely practice her religious rituals.
However, the court found that the visible part of the face is not sufficient to identify the driver in traffic surveillance images, noting that the ban on covering the face while driving is consistent with the constitution and is considered necessary to ensure road safety.
The court did not allow an appeal against the ruling, but it remains for the government leadership in Darmstadt to make the final decision regarding the lady's request.