Belgium Lifts Ban on Headscarves in Courtrooms, Updating 19th-Century Law

A legal advance that the anti-discrimination institution, Unia, is pleased about. The European Court of Human Rights (ECHR) had condemned Belgium in 2018 for the exclusion of a veiled woman from a courtroom, reports Belga. It was on the basis of Article 759 of the Judicial Code that a judge had refused access to a court hearing to this woman who was wearing the veil. This article "was adopted in the 19th century, at a time when all and sundry wore a hat," explains Unia director Patrick Charlier. In its decision, the ECHR considered that this practice contravened the freedom of religion.

However, the Judicial Code had not been modified, and only a circular had been sent to the courts and tribunals to draw their attention to Belgium’s condemnation, reports Unia. "Unia continued to receive reports, mainly from Muslim women wearing the headscarf," explains Patrick Charlier. Some ended up taking it off, for fear that their refusal would have a negative impact on the final decision of the judge, which is unacceptable."

Based on these reports, Unia turned in March 2019 to the Committee of Ministers of the Council of Europe, which oversees compliance with ECHR rulings. The institution informed it of the need to amend Article 759 of the Judicial Code. Unia prevails. This article "is now adapted," rejoices the anti-discrimination institution. It says it is happy to have been able "to contribute to this advance for fundamental rights".