Rijbewijs, deel 4

Brief 2 van de gemeente:

bewerkt_1_anoniembewerkt_2bewerkt_3bewerkt_4_anoniem

Direct na ontvangst is er begonnen aan een bezwaarschrift.

Wordt vervolgd….


*partially translated*

Dear Pasta Farian,

On February 2, 2016, you requested a new driver’s license at the city hall of the municipality of Eindhoven. In my letter of February 9, 2016 I’ve let you know that your picture does not meet the requirements. I’ve also let you know that we’re not planning to honor your request. You have been allowed to submit a letter with your view on things. I’ve received this letter on February 18, 2016. I will consider your view on things in this letter.

Legal Ruling

One of the most important things in requesting a traveling document, is that you submit a picture which looks like you. Furthermore, it needs to be in compliance with the acceptation criteria as noted in appendix L of the Pasport rUling of the Netherlands 2001 (PUN). This means, among other things, that the head can not be covered. Article 28, third paragraph, of the PUN contains an exception. This means that a picture can be accepted, if the applicant has shown that religious or philosophical reasons object to not covering the head.

Your opinion

First of all you say that the state has no right to judge about the religious expression of its inhabitants, according to article 6 of the constitution. That the municipality doesn’t see the Colander as an expression of your faith, you view as discriminatory and as a way of inhibiting your religious convictions.

Second you say that the Church of the Flying Spaghetti Monster is officially registered at the Dutch Chamber of Commerce.

Third you state that Islamic women are allowed to wear a head scarf and that this is in accordance to the exception of article 28, paragraph 3 of the PUN. You say that in accordance to the principle of equality we’re not allowed to place a bigger burden of proof on you, than we do on people of other religions. Even more so as wearing a Colander on the head covers the face less than a head scarf does.

Fourth you claim that the Colander is a piece of holy headgear for you. This means that you need to try as hard as possible to wear it as much as you can

Having read your view on the issue I conclude the following.

In article 6 of the constitution everyone is granted freedom of religion or life convictions, individually or in groups, granted that this is in accordance with the law. The restrictions placed on pictures for driver’s licenses are not in conflict with this article. There is no discrimination, and you’re not inhibited in expressing your religious beliefs.

The registration of the Church of the Flying Spaghettimonster as a church at the Dutch Chamber of Commerce does not grant you the status of being a real religion. This means that the registration at the Dutch Chamber of Commerce does not show that religious ground prevent you from not covering your head.

In contrast to the Islam, there is no widely accepted religious community or beliefs in your religion. This means that the principle of equality does not apply.

You say that you have to make an effort to put the Colander on your head as much as possible. This follows your religious obligations. Because you haven’t provided proof of religious or philosophical reasons as stated in article 28, paragraph 3 of the PUN, this does not grant you special privileges to circumvent the acceptation criteria from appendix L, as stated in article 28 paragraph 2, of the PUN

Your views on the issue do not grant another judgement on our part.

Decision

Keeping all this in mind, I have decided to not process your application from February 2, 2016.

Appeal

If you disagree with our decision, you have the right to appeal it. For this you have up to six weeks, counting from the day this letter has been sent.

Yours truly,

On behalf of the Mayor of Eindhoven

Head of the department of desk and reception

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Rijbewijs, deel 4

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