Najat has an appointment at the town hall to submit her application for the renewal of her national identity card. The town hall agent then asks her to remove her headscarf, at the counter in front of everyone, in order to verify her identity for verification and security reasons.

As for Charlotte, she saw her application to establish her son’s passport conditional on the removal of her head covering worn for religious conviction.

What does the law say?

• The obligation of neutrality applies only to public service agents, it excludes service users. The latter therefore have full religious freedom.
• Any restriction on religious freedom must necessarily be motivated by a real concern for public safety, so as not to constitute an illegal infringement of fundamental freedoms.
• Remind the framework of the law of March 15, 2004 + the law of October 10, 2010 concealment of the face
• The obligation for a user to appear bareheaded to submit an administrative file is not part of the procedure.
• However, for verification and security reasons, while respecting religious dignity, an agent may temporarily request the removal of the headscarf.
• In such a situation, it is appropriate to request an isolated space and for the check to be carried out by a female agent.
• However, if they insist on checking your identity bareheaded, you can ask for this to be done in an isolated place provided for this purpose and by a woman.

What should I do?

• Demand to be shown the regulations justifying the removal of the headscarf.
• Demand that this request be notified and justified in writing.
• Contact Equitas who will provide you with support and legal assistance.