The 25-year-old inhabitant of Bakhchisarai Susanna Ismailova became the first in Ukraine who tries to get right from the state to be photographed for passport with her hijab on — traditional scarf of Muslims. When in the passport office the Crimean was refused to paste in the passport "atypical" photo for the Ukrainian documents, the woman decided to have legal proceedings with the Ministry of Internal Affairs. When on June, 4th, the District Administrative Court of Kiev categorically supported the decision of the Ministry of Internal Affairs, according to which the photo for passport should be without a headdress, the Muslim woman was not upset. She already prepares herself for appealing and she is convinced that, sooner or later, she will achieve the fair decision. Moreover, the claim of Ismailova joined already about thousand of Muslims from different corners of Ukraine.
Legal experts disagree with the decision of the Kiev court on the case "about hijab". They say that the requirement to be photographed on the passport without scarves breaks constitutional law of Muslims on freedom of worship.
"The court decision contradicts norms of the legislation of Ukraine and international law, — the lawyer of Susanna, Enver Umerov, comments to the edition "Ukraine Moloda". — The court simply joined the position of the Ministry of Internal Affairs and categorically made such a decision".
According to Enver Umerov, his client was not upset, "We are very happy that this process at last ended in court of the first instance. Because they broke all terms of consideration, considered the case with infringement of norms of procedural right".
Susanna, by the way, already has in the passport a photo with her hijab on: when she was 16 years old, in the passport office they allowed to paste a photo in a scarf. The second photo (in 25 years) they demanded to make already without hijab: by rules, on official documents it is impossible to be photographed in a headdress. The Muslim could not agree to contradict her religious beliefs.
Hijab is not just an element of clothes, but a ceremony of worship to God
Susanna says that she wears hijab already for ten years, and her husband supports her aspiration. Only him and close relatives may see her bare-headed. And Muslim women may take photos without scarves only for family album, and if it is provided that a photographer is a woman.
The chairman of the Crimean social organization "Institute of civil society" Rustem Ablatifov in his comment to "UM" marks, "We recognize that hijab is not an element of a dress, but a ceremony of worship to God. And non-recognition of the right of a Muslim to carry out this ceremony is Constitution infringement".
Mister Rustem notices: according to Constitution, religious practices cannot be forbidden, if they do not limit rights and freedoms of other citizens, and wearing of hijab not in any way creates inconveniences to other people. As all embassies of the European countries accept photo in hijab on registration for Schengen visas without any restrictions.
Nowadays Ismailova is going to appeal. "In any case — not in the second and not in the third instance — we will achieve the fair decision", Enver Umerov assures.
In the European countries also there is practice of interdiction of religious scarves: in due time at the Belgian and French schools wearing of hijab was forbidden. But the Crimean Tatars notice: they are not labor emigrants who should adjust themselves under the rules of the state in which they are. "It is our Crimean land, here lives 350 thousand Crimean Tatars, — Enver Umerov tells — And we have right to live according to our customs. People in Carpathians or Donetsk have right to adhere to the Christian, the Judaic ceremonies. Why we are deprived of such right?"
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