Abstract

Considering a new ruling by the Bavarian Higher Administrative Court (March 7, 2018, Case 3 BV 16.2040), this essay examines the legitimacy of regulations prohibiting a female legal trainee from wearing an Islamic headscarf during her clerkship at a state court. In light of the conflict between the trainee’s individual religious freedom and her duty as a representative of the state to maintain religious neutrality, the essay outlines the requirements of the German constitution on both statutory and administrative bans on headscarves and other visible religious symbols. It also illustrates the possibilities of affected women to seek judicial protection against such measures even after the interference with their rights is otherwise dissolved.

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