Rejection of Naturalization due to the Wearing of the Headscarf by the Wife

Facts

The married couple [K.], Mrs. A.K. and Mr. B.K., jointly filed a naturalization application in the municipality of Birr (AG). The municipal assembly rejected the application because Mrs. A.K. wears a headscarf and is not integrated. She was also accused of lacking German language skills and insufficient knowledge of the constitutional order. The married couple [K.] filed a subsidiary constitutional complaint with the Federal Court against the decision.

Considerations

The Federal Court dismissed the complaint of Mrs. A.K., as the negative naturalization decision based on her lack of German language skills and insufficient knowledge of the state was justified and did not constitute discrimination.

However, the Federal Court overturned the decision regarding Mr. B.K. The reasoning of the municipal council, that he is accused of lacking respect for the constitutional basic values and lack of recognition of the equality of men and women due to his wife's wearing of the headscarf, constitutes an inadmissible…