Karnel Singh Bhinder v. Canada
9 November 1989
(Communication No. 208/1986)
Subject:
Article 18 (1), Article 18 (3), Article 26 - Right to freedom of religion, limitations necessary to protect health or morals, objective and reasonable justification:
A Sikh by religion wears a turban in his daily life and refuses to wear safety headgear during his work. This resulted in the termination of his labour contract.
Conclusion:
No violation of the International Covenant of Civil and Political Rights: Whether one approaches the issue from the perspective of Article 18 or Article 26, in the view of the Human Rights Committee the same conclusion must be reached. If the requirement that a hard hat be worn is regarded as raising issues under Article 18, then it is a limitation that is justified by reference to the grounds laid down in Article 18, paragraph 3. If the requirement that a hard hat be worn is seen as a de facto discrimination against persons of the Sikh religion under Article 26, then, applying criteria now well established in the jurisprudence of the Committee, the legislation requiring that workers in federal employment be protected from injury and electric shock by the wearing of hard hats is to be regarded as reasonable and directed towards objective purposes that are compatible with the Covenant.
(Paragraph 6.2)