On July 12th, the Constitutional Court of Bosnia and Herzegovina (BiH) ruled that the ban on any religious symbols in any public service is a “necessary measure in a democratic society.”
This decision rejected the appeal of Emela Kapidzija, concluding that her right to manifest her religion had not been violated. She had challenged the regulations of the Armed Forces of BiH (AFBiH), which prohibit female soldiers from wearing the hijab.
Emela Mujanovic Kapidzija resigned from the AFBiH in mid-May this year after being prohibited from wearing the hijab. She had filed an appeal with the Constitutional Court of BiH in mid-May 2021, arguing against the prohibition.
The Constitutional Court of BiH stated that the restriction on displaying religious symbols in any public service is “legal and has a legitimate aim.” The court assessed that the presence of such symbols on official premises could affect the protection of the rights and freedoms of others.
The court also noted that in making its decision, it considered the practice of the European Court of Human Rights (ECHR) and took into account the “margin of appreciation afforded to states in light of the principle of neutrality in public service.”
According to available data, about 270 women in the AFBiH identify as Bosniak. There are no official statistics on how many have expressed a desire to wear the hijab.
The Parliament of BiH was scheduled to consider an initiative to amend the uniform regulations of the AFBiH, which pertains to the ban on wearing the hijab, on June 20th. However, this item was removed from the agenda.
The Law on Service in the AFBiH “permits religious expression in accordance with the individual rights and commitments of members of the AFBiH.”
In December 2021, the Constitutional Court of BiH found a violation of the right to freedom of religion for men who sought to wear beards for religious reasons in the AFBiH.
In addition to the ban on wearing the hijab in the AFBiH, women wearing the hijab cannot serve as judges in judicial institutions in BiH.
