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Mann Singh v. France, No. 24479/07, ECtHR (Fifth Section), 13 November 2008 (dec.)

Date
13/11/2008
Type Judgment
Case number 24479/07

Abstract

Refusal to issue a duplicate driver's license to a practicing Sikh who had provided photographs of him wearing a turban. The application, which alleges a violation of Article 9 of the ECHR, is manifestly ill-founded.

Normative references

Art. 8 ECHR
Art. 9 ECHR
Art. 14 ECHR

Ruling


1. Article 9 of the ECHR does not always guarantee the right to behave in a manner dictated by one's religious conviction and does not give those who do so the right to contravene rules that have proved justified.

2. The obligation to use an "uncovered head" photograph for the driving license is necessary for the authorities responsible for public security and the protection of public order, pursuant to Article 9.2 of the Convention, to identify the driver and guarantee his right to drive vehicles. The methods of application of these measures fall within the defendant State's margin of appreciation.