Overview
- The Oberlandesgericht Braunschweig found the honorary judge violated Lower Saxony’s neutrality requirement by insisting on wearing a hijab in court.
- Relying on Section 31a of the Lower Saxony Justice Act, the decision bars visible symbols or clothing that express religious, ideological or political convictions during hearings for anyone exercising judicial duties.
- Judges described her refusal to remove the headscarf as a gross breach of official duties and ordered her removal from the position.
- The ruling is final and not subject to appeal, which means she will not serve at the Braunschweig Regional Court.
- The court emphasized that Schöffen have equal voting rights with professional judges and cited protection of public trust and the negative religious freedom of other participants.