The constitutionality of the Belgian burqa ban

Jelle Flo and Jogchum Vrielink examine last month’s ruling by Belgium’s Constitutional Court that the 2011 ban on the face veil does not violate human rights. the conclude:

“Fundamental rights ultimately exist to protect minorities, unpopular minorities in particular, against the tyranny of the majority. A boundary is crossed when rights of individuals are simply sacrificed to majority sentiments; a boundary which should be protected by institutions such as the Court. In other matters, the Constitutional Court has not hesitated to fulfil this role. In the case of the burqa ban, however, these boundaries seem to have evaporated, making for the constitutional equivalent of a Schengen area.”

Open Democracy, 14 January 2013