Jogchum Vrielink Eva Brems Saila Ouald-Chaib

The «burqa» ban in Belgian legal system

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Abstract

In Belgium, the general burqa ban introduced by the legislature followed the administrative measures that many local governments put in place. The introduction of this legislation has not been characterized by a democratic debate and the general nature of the prohibition under the law raises doubts of constitutionality as well as of possible conflict with the European Convention on Human Rights, at least because it does not distinguish cases when women choose to wear the covering from cases when they are forced.

Keywords

  • Burqa
  • religious symbols
  • religious freedom
  • values
  • public institutions

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