Religious Freedom and Neutrality in Belgian Education: About the Ban on Islamic Headscarves in Flanders

The Belgian constitution establishes that communities shall dispense neutral teaching that also respects both religious convictions and non-denominational philosophical choices. The application of this article has led to several conflicts with the religiosity of parents and students, among which one stands out eminently: the prohibition of the Islamic headscarf in schools in Flanders and Wallonia. It is precisely in the first of these communities, Flanders, where the collisions between the principle of neutrality and the religious freedom of Muslim women who intend to continue wearing this religious symbol continue to be reproduced, not only for reasons of religiosity, but also of identity. Signally, one of the main problems lies in the difficulties in delimiting the extension of the concept of neutrality as a limit to religious freedom, a task in which there does not seem to be agreement, neither among the main agents of the education system nor even among the courts of justice of the community. The best proof of this are the last two developments in the matter, the European Court of Human Right judgment in the Mykias case and the unsuccessful attempt to ban the Islamic veil in the province of Flanders.