Fight for the NiQab: Court does not allow exceptions to drive

Fight for the NiQab: Court does not allow exceptions to drive

A 30-year-old Muslim convert has requested an exemption before the Trier administrative court to drive with Niqab, a facial veil. The plaintiff argues that it is her religious duty to cover both her face and her body while driving. She emphasizes that wearing the NIQAB does not bring any increased risk to driving or restrictions on law enforcement. In addition, she refers to the insufficient connection of her place of residence to the public transport system, which limits its freedom of movement, such as Rheinpfalz.de reported.

However, the courts in Germany have already made clear decisions in similar cases. As the Berlin Administrative Court emphasizes, the ban on the change of traffic safety serves and cannot be overridden by religious freedom. This was also decided in a procedure in January 2024 (Az. 11 K 61/24) when another Muslimin failed with her application for an exemption. The court found that the ban on the heating is necessary to ensure the identification of road users and contribute to the effective punishment of traffic violations, as in Juraforum.de

legal framework and previous judgments

In August 2024, the Koblenz Higher Administrative Court confirmed a judgment of the Neustadt Administrative Court, which rejected an exemption from the ban on the coverage (according to Section 23 (4) StVO). Here, too, the importance of traffic safety was emphasized. According to the court, the interference with religious freedom is proportionate and serves to protect the general public and the fundamental rights of third parties. These decisions show that the ban on the consequences is a legally secured measure that puts the protection of life and property in the foreground.

The Higher Administrative Court of North Rhine-Westphalia confirmed in a procedure from July 2024 that a NIQAB significantly impairs the identifiability of drivers. In this case, the plaintiff argued that the prohibition of her religious exercise contradicted, however, the court found that many aspects of road traffic must be taken into account in the decision, as in the In summary, it should be noted that people who strive with NIQAB after an exemption for driving must expect significant hurdles. The German courts clearly pointed out that the ban on the covering of traffic safety applies and usually has priority. This leads to the fact that the consideration between religious freedom and public security often has more traffic safety.