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Home > Public space > Bulgaria > 2002-12-19 - Supreme Administrative Court, n. 11820

2002-12-19 - Supreme Administrative Court, n. 11820

Public space · Bulgaria · Dress code · Headscarf · Religious freedom

Restriction on wearing headscarf on ID photo does not violate religious freedom

Key facts of the case - A human rights NGO from Plovdiv (South Bulgaria) filed a complaint on behalf of a Muslim woman claiming that the Rules on Issuance of the Bulgarian Identity Document are in breach of the freedom of religion of Muslims in Bulgaria. They requested these legal provisions to be repealed.

Main reasoning of the court - The court held that it did not violate the freedom of religion and the ID photos should provide the best opportunity for personal identification. In the court’s reasoning, the impugned legal provision allowed a reasonable balance between security regulations and individual freedom of religion.
Comment – The Rules on Issuance of the Bulgarian IDs of 1999, last amended in 2004, provide that persons should be photographed without hats or headscarves. Photos with hats or headscarves are allowed only in cases both ears and at least 1 cm of the person’s hair can be seen.