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My ID card in Poland will expire in few weeks, hence I need to apply for a new one. I want to take a photo for the new ID wearing head cover that is common in my religion. However Polish law regarding requirements for photograph for ID seems to contradicts the constitution here.

One can only take a photo in the head cover if one belongs to any religion.

The law states (article 29.3 Ustawy o dowodach osobistych) that I need to reveal my religion to the state by showing confirmation from my church that I belong there. However the constitution (article 53.7) says

No one can be required by public authorities to disclose their worldview, religious beliefs or religion.

My religion is not registered formally in Poland (though it is in some other countries in the world). The registration process is in-progress since 2012 and currently the case is at ECHR but I don't think it will be finished anytime soon.

Which law would take priority here?

A. K.
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kukis
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1 Answers1

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You are not obliged to reveal your religious views, but if you don't, you may be required to have your ID photo taken without the headscarf. If you want an exception to the standard rules about ID photos, you have have to reveal your views and perhaps even have them confirmed by others.

I don't think there is a law saying that the government must allow anyone to have an ID photo in a headscarf taken on a whim.

This answer is generic, not specific to Polish law or that of any specific country.

David Siegel
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