Belgium

Belgium, a nation of 11.3 million, has a federal constitution with three levels of power. The Communities (French, Flemish, German), the Regions (Walloon, Flanders, Brussels) and the Federal State each have their own responsibilities, mandates and scope. It is believed that over 40% of Belgium’s population identify as non-believers/agnostics (no religious affiliation) or atheists. Belgium, however, does not keep official statistics listing religious affiliation.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
No formal discrimination in education
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
No fundamental restrictions on freedom of expression or advocacy of humanist values
Constitution and government
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Education and children’s rights
No formal discrimination in education
Family, community, society, religious courts and tribunals
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Freedom of expression advocacy of humanist values
No fundamental restrictions on freedom of expression or advocacy of humanist values
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
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Constitution and government

The Belgian Constitution[ref]https://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf[/ref] states that:

“Enjoyment of the rights and freedoms recognised for Belgians must be provided without discrimination. To this end, laws and federal laws guarantee among others the rights and freedoms of ideological and philosophical minorities”
“Freedom of worship, its public practice and freedom to demonstrate one’s opinions on all matters are guaranteed”
“No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion or to observe its days of rest”

According to Article 21 of the Constitution, the State does not have the right to intervene either in the appointment or installation of ministers of any religion or to forbid these ministers from corresponding with their superiors. A civil wedding must always precede the religious blessing of a marriage, apart from any exceptions that are established by the law.

Article 181, section 1, states that the salaries and pensions of religious ministers are paid for by the State and the amounts required are charged annually to the national budget. Section 2 declares that the salaries and pensions of representatives of organizations recognized by the law as providing moral assistance according to a non-confessional philosophical concept are also to be paid for by the Belgian Government.

Religion or belief neutrality

Public authorities provide subsidies (payment of salaries, maintenance and equipment for places of worship and other facilities) for officially recognized religious groups or non-confessional philosophical organizations. The recognition is granted by an act of Parliament. Non-formal criteria for being eligible for recognition are related to structure, population, and perennity. The aim is to offer “social and moral value” to the public, abide by the laws of the state, and respect public order.

The existing recognised groups include Catholicism, Protestantism-Evangelicalism, Judaism, Anglicanism (separately from other Protestant groups), Islam, Orthodox Christianity and Secular Humanism. Unrecognized groups do not receive government subsidies, but may worship freely and openly.

The requirements to obtain official recognition are not strictly legally defined. The legal basis for official recognition can be found in the Constitution and other laws, some of which however predate the constitution itself. In some cases Belgian officials refer to specific interpretations or habits. Recent legislatures have started the process of formalising the procedure for recognition.[ref]https://justice.belgium.be/fr/themes_et_dossiers/cultes_et_laicite/budget[/ref]

Some controversies

The debate surrounding religious signs worn by public servants in public schools and other public buildings is on-going. Some administrations have chosen to ban them altogether, while some allow it for back-office positions.

There is an on-going debate about adding to the Constitution the principle of state and church separation.

Education and children’s rights

The public education system, from kindergarten to university, requires strict neutrality, except with regard to the views of teachers of religion or “non-confessional humanist education”. (Education was one of the first aspects of Belgian politics to be administratively separated between the French and Flemish communities.)

Until 2015, religious or “non-confessional humanist” education was mandatory in all public schools, but provided according to the student’s preference between either the religious or secular, broadly humanist classes.  While based on a principle of equality between religious and secular views, some have objected that the courses as such may still constitute instruction with no overall opt-out available, and that — in lieu of a unified citizenship, ethics or philosophical education for all — students are still segregated by religion or belief.

On this basis, in early 2015, the constitutional court found that to compel the student to undertake either one or the other was a breach of their human rights, and that an option to take neither should be implemented in the French Community.[ref]laicite.be/communiques-de-presse/la-cour-constitutionnelle-a-tranche-les-cours-de-religion-et-de-morale-sont-facultatifs[/ref]

Private authorized religious schools following the same curriculum as public schools are known as “free” schools. They receive government subsidies for operating expenses, including building maintenance and utilities. Teachers in these schools, like other civil servants, are paid by their respective community governments.

Since 2017, public schools in the French community have cut in half the weekly hours of religious education or non-confessional ethics, and have introduced an hour of citizenship education. Additionally, children have the choice to replace the remaining hour of religion or non-confessional humanist education by a second hour of citizenship education. Since 2018, the French-speaking humanist community is in favor of completely erasing the religious and humanist education in public schools and replaced them with two hours of citizenship education for everyone. This course withholds comparative and critical religious studies, but also the values to become a constructive and tolerant citizen in respect with human rights and ethical considerations.[ref]laicite.be/campagne/deux-heures-cest-mieux/[/ref]

Family, community and society

There have been repeated concerns, deepening significantly in 2015, about radical Islamism in parts of Belgium. Terrorists involved in undertaking the November 2015 Paris attacks were linked to Belgium, and Brussels was on high terror alert in the weeks following that attacks. There is some suggestion that Salafist clerics supported by Saudi Arabia have for decades undermined attempts by Moroccan immigrants to integrate, and the Belgian government is currently under significant pressure to “revise” diplomatic relations with Saudi Arabia.[ref]independent.co.uk/news/world/europe/paris-attacks-how-the-influence-of-saudi-arabia-sowed-the-seeds-of-radicalism-in-belgium-a6745996.html; sputniknews.com/politics/20151127/1030848900/belgium-saudi-arabia-tax.html[/ref]

Public authorities are increasingly working towards promoting the rise of an “Islam from Belgium”, with recognized mosques and locally educated clerics. They are supporting the development of Islamic religious studies.

Public discourse has become more hostile towards so-called “progressive” ideas in recent years. In 2019, incidents of populist politicians “doxing” their critics (exposing their personal contact information, with a view to causing them distress or encouraging others to harass them) raised concerns.[ref]vrt.be/vrtnws/nl/2019/08/21/opinie-matthias-dobbelaere-welvaert/[/ref]

Freedom of expression, advocacy of humanist values

Freedoms of speech and the press are guaranteed by the constitution and generally respected by the government. Internet access is unrestricted. Belgians have access to numerous private media outlets. However, the concentration of newspaper ownership has increased in recent decades, leaving most of the country’s papers in the hands of a few corporations.

The laws on abortion were a live topic in parliament during 2018. The humanist community has been aiming for a complete decriminalization and improvement of the quality of the surrounding legislation. The parliament has adopted minimal measures of decriminalization but steered clear of any further reform of the legal framework surrounding abortion legislation.