Gap in Belgian Constitution obstructs prosecution of Islamophobic discrimination cases, says expert

By Selen Temizer

BRUSSELS (AA) - A gap in the Belgian Constitution obstructs the prosecution of Islamophobic discrimination cases, according to an expert.

Patrick Charlier, director of the independent public institution, UNIA, (Interfederal Centre for Equal Opportunities), told Anadolu that Muslims and veiled women are mostly the victims of religion-based discrimination in Belgium.

"The main issue is racism. Since 15 years, the most cases that we're opening, it's about racism, racist discrimination, but also hate speech and hate crime," he said. "And the second criteria is disability. And the third one is health. And the fourth is religion and belief."

Charlier said Muslims, and veiled women in particular, are the primary victims of religious discrimination.

"When a community wants to build a mosque, there is some very negative reaction. We know that there is a trend that is very nationalistic and very discriminatory," he said.

Charlier deplored the fact that cases are hardly investigated, primarily because of a lack of proof.

"And we have a specific problem with the fact that Article 150 of the Constitution allows that when you're speaking about hate speech on races, it can go to the correctional courts," he said. "But if it's not on racism, if it's on religion you have to go to the Criminal Court. And it is very difficult and there is no prosecution in that case. And it's nearly impossible to prosecute, because of this procedural problem. It's a gap in the law. It's a gap in the Constitution. That's why we are stressing that parliament change Article 150 of the Constitution. But to change the Constitution, you have to have a majority of two-thirds, which is not easy."

Charlier, however, observed that Belgian society is more and more accepting of religious diversity.

"Companies, schools are reaching us and saying: 'We want to have a diversity and inclusive policy. Help us to introduce that,’ so we are supporting (them)," he said.

*Writing by Nur Asena Erturk in Ankara​​​​​​​