Freedom of Religion and Conscience in the Case Law of the Belgian Supreme Courts. From Pluralist Neutrality to a Plurality of Forms of Neutrality
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Abstract
Belgium’s supreme courts are contributing to stabilize the balance achieved between secular and religious pillars, while better guaranteeing individual rights. At a meta-level, the supreme courts are simultaneously validating two conceptions of neutrality, derived from each pillar and capable of being freely chosen. Islam is one of the main driving forces behind this jurisprudence, since it does not fit into the previous balance between post-Humanists and post-Catholics.
Keywords
- Non-discrimination between recognized religions and recognized secular humanism (Belgian laïcité)
- Two simultaneously admitted forms of neutrality
- Islam as a post-pillars legal challenge
