Although Belgium does not have a general ban on face covering veils like France, a lot of cities do already ban it in practice. This happens through local regulations that sometimes prohibit face-hiding masks, make-up or the like in the public space. An exception to this rule is accorded for the periods of the festivities of carnival.
The municipality of Etterbeek, like most of the municipalities of Brussels, bans the face veil under this “carnival regulation”. In 2009 a Muslim woman wearing a niqab (a veil that leaves only the eyes uncovered) was stopped twice by the police while bringing her children to school. The authorities claimed that a hidden face in the public space could lead to security problems since the identification of a person can only happen via an individual control. The first time the applicant was fined 35 euro and the second time 200 euro, an amount which she refused to pay. She issued proceedings against the municipality of Etterbeek alleging a violation of her right to freedom of religion, especially her freedom to manifest her religion. The applicant won her case in front of a Belgian lower court (Tribunal de Police de Bruxelles, 26 January 2011) which found a violation of article 9 of the ECHR. The municipality of Etterbeek is appealing against the judgment. Continue reading