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Writer's pictureThe Eyes Journal

Hijab Ban in Belgium: a legal intervention veiled in controversy

By Niki Saberi Oskoui

 
Students protest in Brussels, Belgium. Source: Instagram.

What are the implications of the ban?


June 4th 2020 signalled the most recent wave of oppression against women and Muslims in Continental Europe. On this day a constitutional ruling was announced in Belgium, imposing a ban on all religious symbols in Belgian higher education institutions. The ban covers all symbols which express religious or political opinions, with the hijab being at the forefront of the ruling. This controversial decision further affirmed that the ban does not constitute a violation of the right to human dignity, religious freedom or education under the European Convention of Human Rights (ECHR) or the Belgian constitution.


In protest, thousands flocked to the streets of Brussels, the Belgian capital, in a demonstration against the ruling. Consistent with the era of online activism and protest, hashtags such as #HijabisFightBack and #TouchePasAMesEtudes (‘leave my education alone’) were used to raise awareness of the ban.


In line with these online campaigns, various feminist and Muslim organisations publicly voiced their opposition and criticism. These include the Council of European Muslims (CEM), Belges Comme Vous and the Collectif Centre l’Islamophobie en Belgique (CCIB). In a press release, the CCIB defined the ban as “an unprecedented breach of fundamental rights in terms of religious and philosophical convictions.”


In retaliation against the ban, 12 Belgian academic institutions such as the Free University of Brussels (VUB) and the Catholic University of Leuven have stated that they will continue to commit to protecting religious freedom and will continue to allow religious symbols on campus. Although this is a positive step against the controversial ruling, it must be acknowledged that Belgian higher education institutions, as a whole, have not committed to disobeying the ban. Despite the widespread outrage, the Belgian government continues to show no intention of overturning their decision.


Students protesting in Brussels. Source: kwinews.com

Why does the ban matter?


For many years, religious clothing and symbols have become a contentious political issue in multiple European countries. Although headscarves are not as common in Belgium, burqa and burkini bans and restrictions on the hijab in the workplace in neighbouring European countries are common.


With the recent rise of right-wing parties, restrictions on religious symbols have allowed anti-immigrant and anti-Muslim rhetoric to disperse throughout Europe as Muslim women are being portrayed more and more frequently as a threat to public safety. The hijab, which symbolises religious and spiritual practice, has been transformed into a sign of oppression and violence.


Forbidding religious symbols in public places contributes to a variety of systemic issues within society, such as promoting unequal access to opportunities, discrimination and racism by excluding Muslim women from the social sphere. The ban will lead to greater reluctance from Muslim women to attend higher education and an increase in drop out rates, eventually increasing the education gap between Muslim women and wider society. Such barriers to education will translate into wider wealth gaps, as well as higher levels of unemployment that will have the potential to hold back an entire generation. As stated by the Council of European Muslims, “some will, unfortunately, give up on their dreams and some will be forced to remove the hijab to get an education.”


However, the main essence of the debate remains around the longstanding principle of ‘la laïcité’, widely known as secularism. Secularism is based on the separation of the Church and State, and is intended to protect all religious beliefs and guarantee them equal legal protection. Under this principle, universities and other institutions are treated as an extension of the state. The Belgian government argues that this is enough to justify the ban. Although secularism aims to protect religious freedom, sometimes it translates into religious oppression and Islamophobia.


Why should the ban concern all women?


The ban aims to ‘save’ Muslim women from the oppression of forced hijab. Historically, however, this objective has been deep-rooted in the white saviour complex created by the imperialist world through the pattern of projecting Westernised ideals onto other cultures. It is important to consider the opinion of those affected by the ban- Muslim women themselves. Religious veils, for the women who wear them, can be empowering and liberating. In religion, they are often considered a sign of solidarity and pride. The assumption that women need ‘saving’ from oppression is a Western-centric idea that holds values of racial and gender inequality, as it suggests that they are not educated enough to make their own decisions.


Furthermore, the deafening silence of the ban in British media does not come as a surprise. Examining the larger picture of the UK and Europe’s media representation of the Muslim population and Muslim women, the media frames the group as a scapegoat in the face of increased immigration and terror. The media further frames the hijab as a symbol of oppression against women rather than religious freedom and freedom of choice.


The hijab ban should concern all women, regardless of religion or ethnicity. Women should not suffer consequences for their religious choices and be subject to state-imposed regulations on their clothes and bodies. It is a clear abrogation of human rights, including the freedom of religious expression, the right to education and most importantly, the freedom to choose. The Islamophobia and bigotry surrounding the ban is clear cut: women have to pick their religious beliefs or their higher education. But they can’t pick both.


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