Religare   
Religare   

Home > Public space > Italy > 2009-02-26 - Court of Milan

2009-02-26 - Court of Milan

Public space · Italy · Dress code · Headscarf

Accessed to a court hall denied for wearing Islamic Headscarf

Key facts of the case - A defendant of Islamic religion who had entered the court hall with his head covered, and after being required by the judge to take off his headgear, he had preferred to abandon the hearing. According to Article 129 of the Code of Civil Procedure, court hearings must be attended with one’s head uncovered (It should be noted that this legal provision applies to all headgears, and not specifically to religious symbols).

Main reasoning of the Court - The Court of Milan concluded that it had been the defendant’s own decision to leave and that the rights of defence had not been violated.

Comment - The literal interpretation of Article 129 of the Code of Civil Procedure has often been found too strict. Many have noted that this legal provision has never been applied as regards Jews (who have never been required to take off their kippah) or nuns (who have never been required to take off their veil).