Susan Nash highlights some recent contentious cases considered by the European Court of Justice
Relying on Art 9 (right to freedom of thought, conscience and religion) the applicant in Mann Singh v France (App no 24479/07) complained that a regulation requiring him to appear bareheaded in a photograph on his driving licence amounted to an interference with the exercise of his right to freedom of religion.
No provision had been made in national law for separate treatment for members of the Sikh community, who are required to wear a turban at all times. The Conseil d'Etat took the view that the regulation, which was designed to reduce the risk of fraud or falsification of driving licences, was proportionate. The authorities responsible for public safety used identity photographs on driving licences to verify that the driver was authorised to drive the vehicle.
Although noting that the regulation amounted to an interference with a Convention right, the European Court of Human Rights (ECtHR) was satisfied that it was prescribed by law and its aim was to protect public
