Brussels (Brussels Morning) – The European Court of Human Rights ruled that the headscarf ban of the GO! does not clash with freedom of religion as defined in the European Convention on Human Rights (ECHR).
Why Did the European Court of Human Rights Uphold GO!’s Ban?
The ban on sporting religious badges in Flemish community education does not conflict with freedom of religion, which is anchored in the European Convention on Human Rights. The European Court of Human Rights ruled this after an objection from three young Muslim women. “Hopefully the whining about the headscarf can now stop,” Minister of Education Ben Weyts reacts to the statement.
How Does GO! Justify Its Headscarf Ban After Ruling?
The Flemish Community Education (GO!) stated that it is satisfied with the judgment that the European Court of Human Rights has made regarding its ban on wearing philosophical characteristics. The court ruled that this does not conflict with freedom of religion as defined in the European Convention on Human Rights (ECHR).
“We see this as confirmation of the legal support for this interpretation of neutral education,” says Koen Pelleriaux, the managing director of GO! education. “The European Court of Human Rights attaches importance to protecting the rights and freedoms of those who choose neutral education.”
In 2009, the Council of Community Education (Council GO!) reported a general ban on wearing religious badges, including headscarves. Various legal proceedings were immediately initiated against that ban. For example, parents of Muslim girls in Maasmechelen, Limburg, had gone to court because they wanted their daughters to still be able to wear the headscarf. The civil court of Tongeren agreed with them, but the Antwerp Court of Appeal reversed that ruling in 2019.
When Did Three Muslim Women Go to Court Against Scarf Ban?
In 2020, three young Muslim women from Maasmechelen therefore went to the European Court of Human Rights. According to them, the ban goes against various provisions in the ECHR, including freedom of religion.
The European Court of Human Rights has now ruled on the latter. It ruled that the neutrality that GO! with the ban on religious signs does not conflict with the freedom of religion and therefore called the submitted request “inadmissible”.
The court points out, among other things, that the ban is not only desired at the headscarf but at all philosophical badges. According to the court, the ban is also proportionate or in proportion to the planned “protection of the rights and freedoms of others and public order and is therefore ‘necessary’ in a democratic society”.
How Did the Education Minister React to Court Ruling?
Flemish Minister of Education Ben Weyts reacts as pleased with the ruling. “Now hopefully the whining about the headscarf can also stop,” states the N-VA minister. According to him, the prohibition guarantees neutrality. “And so there is no room for ostentatious expressions of political or religious conviction. Students, parents and teachers who choose GO!, choose neutrality, that is their right. We guarantee that right,” stated Weyts.
According to the education minister, letting the headscarf is also not a solution in the fight against teacher deficiency. “About half of the independent schools do permit them and there are plenty of vacancies there too,” it says.
