In Germany, a court banned a Muslim woman wearing a hijab from holding the position of judge.

The administrative court of Darmstadt in the federal state of Hesse rejected the claim of a lawyer who was denied appointment as a judge because she refused to remove her hijab during court hearings. She is also prohibited from working as a prosecutor.

“We are aware of the constitutional right to freedom of religious worship, but we believe that other constitutional principles, such as the impartiality of the court and the religious freedoms of the participants in the process, have greater weight,” the verdict states.

The court notes that during her pre-employment interview, she was asked whether she would be willing to remove her hijab during the proceedings. The applicant for the position of judge answered negatively. The Hessian authorities refused, considering that it was contrary to the neutrality of the state and would undermine public confidence in the judicial system.

At the same time, the court emphasized: the restriction applies only to her contacts with the participants in the process, and not to the judge’s entire working time. The plaintiff has the opportunity to appeal the decision to a higher court.