Ban on visible expressions of religion or belief
The government wants to amend the Special Enforcement Officers Decree to prohibit special enforcement officers (boa’s) who wear uniforms or work clothing from displaying visible expressions of religion or belief when they have contact with the public. According to the government, wearing such expressions undermines the neutrality of boa’s.
Freedom of religion and belief
The ban restricts the freedom of religion and belief. This is a fundamental right protected, among others, by Article 6 of the Constitution. Observing religious or philosophical dress codes, such as requirements to wear a headscarf or a kippah, falls under the freedom of religion and belief. This fundamental right also applies in the employment relationship between the boa’s employer and the boa as an employee.
Restrictions
It is possible to impose restrictions on the freedom of religion and belief. However, this must be done based on a formal law. This ensures that the parliament, both the Senate and the House of Representatives, agrees to it. When making such decisions, the legislator must consider the requirements for limiting fundamental rights. For example, a legitimate aim must be pursued, and the restriction must be necessary, suitable, and proportional. This requires the legislator to conduct a thorough problem analysis, consider less far-reaching alternatives, and make a well-founded balancing of interests.
Conclusion
The Special Enforcement Officers Decree is a so-called general administrative measure. If the government wants to prohibit boa’s from displaying visible expressions of religion or belief when they have contact with the public, this must be done based on a sufficiently specific formal law. Such a legal basis is lacking. Therefore, the Advisory Division of the Council of State advises the government not to adopt the decree.
