Discrimination based on religion or philosophical convictions
In Belgium you have the freedom to choose what you believe in and how. Without having to hide it or make it public. Philosophical convictions such as atheism, agnosticism or free-thinking are also protected by this right. But in practice you can face discrimination because of your religion or conviction.
What is discrimination based on religion or philosophical convictions?
In cases of discrimination based on religion or philosophical convictions, you are treated differently because of your (real or alleged) religion or philosophical convictions without valid reason. This practice is prohibited, as are hate speech and hate crimes.
Please note that your right to express your faith or philosophy is not absolute. A restriction or ban is possible for specific reasons and under certain strict conditions.
Discrimination based on religion or philosophical convictions: examples
- A university of applied sciences adopts new regulations banning all head coverings.
- A Sikh is not hired for a job as a chef because of his beard. However, wearing a net covering his beard would be a perfect solution to comply with hygiene regulations.
- An employee is not given space by his employer to pray during his break, ...
- A fitness centre prohibits head coverings for safety reasons. Religious head coverings are therefore also prohibited.
Frequently asked questions about discrimination based on religion or philosophical convictions
Open As an employee, am I entitled to a space to pray in?
No, this is a free choice for your employer and is not an obligation.
Open Can my employer forbid me to pray during breaks?
A ban on praying would put you at a disadvantage compared to other employees. If your employer wants to make such a (direct or indirect) distinction on the basis of religion or philosophical convictions, the employer must be able to justify this. If that is not possible? Then it is discrimination, and that is prohibited.
What about philosophical and religious symbols?
A cross, headscarf, beard, yarmulke, Masonic ring ... These are just some of the symbols with which you can show your faith or fulfil your religious or philosophical obligation. Some people want to ban those symbols, for example, for the sake of neutrality.
Are you allowed to wear philosophical and religious symbols everywhere?
It depends:
- Private: at home, you can do whatever you want. Your freedom is central there. It is absolute, as long as you do not commit any criminal offences.
- Public space: the government may not prohibit you from wearing philosophical or religious symbols in places that are accessible to everyone (such as streets, squares, the metro, the train station, etc.). There are some exceptions to that rule. For example, covering your face completely is prohibited ('burqa ban'). There are also rules regarding your identity card or passport if you want to cover your head for religious reasons.
- Shops and restaurants: cafés, restaurants, swimming pools, dance halls, real estate agencies and other providers of goods and services may only refuse you if you wear a headscarf or other religious symbols if the ban is objectively and reasonably justified.
- Work: different rules apply under a private employer, in public service and in the education sector:
- Private companies: your employer can draw up his own policy, as long as this does not conflict with the law. Justification is necessary if there are restrictions on the wearing of religious symbols.
- Public service: a headscarf or other symbols are not always possible for the sake of neutrality. A restriction must be appropriate and necessary.
- Education: schools and educational institutions can establish their own policies regarding students and staff wearing religious symbols. Considerations such as a neutral learning environment and respect for diversity may play a role in this. Restrictions must again be justified and be in accordance with anti-discrimination legislation.
What about religious practices?
Many religions or philosophies have certain rules regarding prayer, clothing, food, holidays or rest days… Some religious practices must also be performed during the day. That is why people sometimes ask for accommodations in the workplace in order to be able to fully experience their faith or philosophy there:
- Employers are not obliged to allow these accommodations. Conversely, they may not prohibit you from performing your religious practices without justification.
- Your employer is obligated to give you time to fulfil your religious duties.
Discrimination based on religion in the law
- Freedom of thought, conscience and religion is one of the pillars of democratic society. This freedom is sanctioned, for example, by Article 9 of the European Convention on Human Rights (ECHR), Article 19 of the Constitution and other international and European legal texts. Please note that not only traditional religions are protected, but also philosophies that are not related to a religion and minority religions.
- The Anti-Discrimination Legislation (2007) combats discrimination on the basis of religion or philosophical beliefs and hate speech. This legislation applies to federal areas of competence such as work. Discrimination in regional areas of competence, such as housing and education, is regulated in the decrees and ordinances of the Communities and Regions.
- The principle of neutrality is included in a number of royal decrees and ministerial decrees of the Communities and Regions. It says that the state is neutral, and that public service officials must act neutrally: that is, they must treat all citizens equally. The principle of neutrality is therefore often used to justify a government ban on religious or philosophical symbols.
Discover more about discrimination
Discover the other protected criteriaPhysical characteristics
Discrimination because you have a dental problem or burns, for example.
Sexual orientation
Discrimination because you are gay, for example. It does not include gender-related protected characteristics.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.