Hijab and the Preservation of Judicial Neutrality

Abstract

The principle of neutrality is considered one of the important universal principles for judges in carrying out their duties. Judges must maintain or uphold neutrality and shape such neutrality to build public trust at both the individual and justice system as a whole. This principle also serves as a crucial guarantee for delivering justice to the public by ensuring that case hearings are conducted by judges who are impartial and free from bias.

This article presents a case study from abroad involving a female judge who expressed her freedom of religion during her duties, highlighting a conflict between the freedom of religion and the neutrality of judges as representatives of the state. While this issue is sensitive and challenging to balance, this article aims to raise questions and encourage readers to seek answers through an examination of the Federal Constitutional Court of Germany on this matter. Ultimately, the answers may not be singular; for instance, one country in the Western countries may protect the exercise of such freedom, while another may prioritize the principle of neutrality, which is connected to the state neutrality. Even in Thailand, where this issue has not yet been encountered, it is the duty of all legal professionals to provoke thought on the subject, leading to further academic development in the future.