Constitutional Court of BiH: BiH Armed Forces employee Emela Kapidžija's right to manifest religion not violated

(Patria) - The Constitutional Court of BiH ruled that in the case of Emela Kapidžija, the prohibition of displaying religious symbols in the Armed Forces of BiH did not violate the appellant's right to manifest religion.

"This restriction is lawful and has a legitimate aim because wearing religious symbols in the AF BiH, as in any other public service, or keeping such symbols in official premises can affect the protection of the rights and freedoms of others, including the possibility of causing negative interpersonal relationships, specifically among soldiers.

It can lead to a lack of public trust in the army and cause societal sensitivity to religious symbols in public spaces, and disrupt the principle of neutrality towards the entire BiH public, which applies to all members of the AF BiH who are prohibited from wearing visibly displayed religious symbols with their uniforms.

Ustavni sud BiH presudio je da u slučaju Emele Kapidžije, propisivanjem zabrane isticanja vjerskih simbola u Oružanim snagama Bosne i Hercegovine, NIJE POVRIJEĐENO apelantičino pravo na manifestiranje vjere.
“To ograničenje je zakonito i ima legitiman cilj jer nošenje vjerskih…

— Istraga.ba (@IstragaB) July 12, 2024

Considering the scope of discretion left to states in light of the principle of public service neutrality, which includes service in the armed forces, the Constitutional Court, taking into account the case law of the European Court of Human Rights, concluded that the contested interference with the appellant's right was justified and proportionate to the aim pursued.

Namely, that the prohibition of wearing a hijab (as well as any other religious symbol) is a necessary measure in a democratic society, and that by this prohibition, the appellant was not discriminated against on any grounds, nor were there any violations of other rights and freedoms to which the appellant refers," the Constitutional Court of BiH announced.