Constitutional Court of BiH ruled: Ban on beards for border police officers unconstitutional

SARAJevo, (Patria) - The amendment to the Rulebook and Instruction on the personal appearance of police officers, which entered into force on January 30 this year, and which prohibits police officers of the BiH Border Police from wearing beards, has been declared unconstitutional. 

This was decided by the Constitutional Court of BiH, ruling on the request of Safet Softić, Deputy Speaker of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina.

- The Constitutional Court of Bosnia and Herzegovina has determined that Article 1, Paragraph 1, Point 7 of the Rulebook on Amendments to the Rulebook on Wearing Uniforms dated January 30, 2017, adopted by the Director of the Border Police of Bosnia and Herzegovina, in the part that reads: "Police officers, when in uniform, must have their beards shaved" is not in accordance with Article II/3.f) and g) of the Constitution of Bosnia and Herzegovina and Articles 8 and 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In accordance with Article 61, Paragraph (2) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court has repealed Article 1, Paragraph 1, Point 7 of the Rulebook on Amendments to the Rulebook on Wearing Uniforms, number 17-07-02-1161-7/06, dated January 30, 2017, adopted by the Director of the Border Police of Bosnia and Herzegovina, in the part that reads: "Police officers, when in uniform, must have their beards shaved" because it concluded that the absolute ban on wearing beards by police officers of the BiH Border Police while in uniform violates the right to private life and the right to freedom of religion guaranteed by Article II/3.f) and g) of the Constitution of Bosnia and Herzegovina and Articles 8 and 9 of the European Convention, as the contested measure does not follow the general objectives prescribed by Paragraph 2 of Articles 8 and 9 of the European Convention.

The repealed Article 1, Paragraph 1, Point 7 of the Rulebook ceases to be valid on the day following the publication of this decision in the "Official Gazette of Bosnia and Herzegovina".