Camélia, a Muslim, is a mathematics teacher in a secondary school located in the Brussels Region. She wants to wear a headscarf but wonders about the applicable rules in her professional setting: are distinctive signs allowed in the exercise of her duties? Is the principle of neutrality applicable?

What does the law say?

According to Article 24 of the Belgian Constitution:

“ “Education is free (…) The community ensures parents’ freedom of choice. The community organizes education that is neutral. Neutrality implies, in particular, respect for the philosophical, ideological or religious views of parents and students” .

This article establishes the fundamental principle of neutrality in public education organized by the communities. This means that public schools must refrain from promoting or discriminating against any religious, philosophical, or political belief. The objective is to ensure an educational environment that respects diversity and individual choices. Thus:

• Respect for the beliefs of parents and students is guaranteed;
• Freedom of choice in education is also guaranteed: Parents have the right to choose a school that corresponds to their values or beliefs, whether public or private;
• The community is responsible for organizing neutral education and is competent in this matter.

At the level of public education in the French Community:

The decree of March 31, 1994 defining the neutrality of education in the French Community states in its Article 4 that the teacher does not develop “either religious proselytism or philosophical, nor political activism organized by or for students.” and in Article 9 that “Every staff member is bound to respect the principle of neutrality defined by this decree, by the very fact of their appointment or engagement by an organizing authority bound to respect this decree.”

This same decree also provides that staff members must sign, upon entering service, statements approving their commitment to respect the principles of neutrality in force.

At the level of Flemish community education:

The Flemish special decree on Dutch-language community education of July 14, 1998 has a similar system.

Thus, like other public service agents (See practical sheet), teachers, whether they belong to the French or Dutch-speaking community, are required to respect a duty of neutrality in the exercise of their missions.

It should be noted that there are a few rare exceptions. Indeed, beyond certain private establishments, the wearing of distinctive signs is authorized for religion teachers in primary and secondary schools of French-speaking public education.

Moreover, some higher education institutions may apply specific rules to certain staff members, such as practical work assistants

In conclusion, establishments managed by public community education must be neutral by virtue of the Constitution and the decrees in force, and this also applies to teachers who must, among other things, display attire reflecting their neutrality. Thus, members of the teaching staff in public primary and secondary schools must respect this duty in the exercise of their missions, and the wearing of distinctive signs is therefore prohibited for them, with the exception of, notably, religion teachers in the French community.

What should I do?

• Consult the internal regulations of the establishment where you work.
• Verify that the neutrality declaration is clearly mentioned in your contract at the time of signing.
• Communicate the current legislation as well as relevant court decisions to the management.
• Initiate an internal procedure to amicably settle any conflicts between the teacher and the establishment.
• Contact trade union organizations in case of disputes.
• Contact UNIA to report discrimination.
• Contact the CCIE’s legal department, which will support you at every stage.

Sources:

• Article 9 of the European Convention on Human Rights.
• Articles 19, 24 and 127 of the Belgian Constitution.
• Law of May 10, 2007 to combat certain forms of discrimination.
• Decree of March 31, 1994 defining the neutrality of education in the French Community.
• Special decree relating to Dutch-speaking community education of July 14, 1998.
• ECHR, Dahlab v. Switzerland, February 15, 2001,
• Council of State, Administrative Litigation Section, December 21, 2010, No. 210.000.