Passport photos with headscarf

CAN THE AUTHORITIES REFUSE TO ISSE AN ID/PASSPORT BECAUSE THE PERSON CONCERNED IS WEARING A HEADSCARF IN THE PHOTOGRAPH?

Summarized: An authority may not refuse to issue an ID or passport because the concerned person wears a headscarf out of religious reasons. 

It is not allowed, as a rule, for head coverings to be worn on the photo for the ID or passport.¹ In accordance with the statutory regulations, an authority can allow exceptions to this rule on religious grounds.²  In the light of religious freedoms as per Article 4 of the Basic Law, this ’may’ provision must be interpreted to mean that an authority must allow exceptions if the headscarf is worn for religious motives.  

With regards to a passport photograph with a headscarf on, it is required for the face to be visible from the lower edge of the chin to the forehead.³ In the past, authorities would, in part, demand certification from a religious establishment who would have to document that the headscarf was being worn for religious reasons. This practice is illegal according to case law.⁴  

^{1 Section 7 (3) 1, section 3 sentence 2 in conjunction with Appendix 3 section 2 Ordinance on Identity Cards and Electronic Identification (PAuswV).}

^{2 Section 7 (3) 4 Ordinance on Identity Cards and Electronic Identification; Section 5 sentence 4 Passport Act (PassV).} 

^{3 Section 7 (3) sentence 2 in conjunction with Appendix 3 section 2 of the Ordinance over Identity Cards and Electronic Identification.}

^{4 Kassel Administrative Court, decision from 04.02.2004, file 3 G 1916/03.}