The burqa ban is legal.

That was the ruling handed down by the European Court of Human Rights on Tuesday as it upheld a ban in Belgium on full-face veils, burqas, and niqabs in the country.

The case was brought by two Muslim women who said the law, passed in 2011, violated their right to freedom of religion and expression, according to NPR. Wearing the veil in public could result not only in fines, but also jail time.

The court said the ban was justified, and called it  “necessary in a democratic society”.

Belgian politician Daniel Bacquelaine argued in 2010, during the passage of the bill, that the ban actually supports Muslim women, saying “to forbid the veil as a covering is to give them more freedom.”

Read More: Why the Burkini Ban Is Really a Symptom of France's Identity Crisis

Bacquelaine’s notion that “if we want to live together in a free society, we need to recognize each other” has been echoed by Belgian law-enforcement who agree the veil should be banned for security reason, as it prevent police from identifying people.

Samia Belcacemi and Yamina Oussar, who initiated the court case, say the ban has forced one of them to stay indoors, fearing heavy fines for wearing the veil in public, and the other being forced to remove the veil in public despite religious preferences, reports BBC.

Other European nations, such as France, Austria, Bulgaria and the Netherlands, have similar bans on veils that cover the face.

Leading the charge on burqa and niqab bans in 2011, then-French President Nicolas Sarkozy said the veils were oppressive and women who wear them would face heavy fines. In 2016, France passed another controversial law, eventually overturned, that prohibited women from wearing full-body swimsuits.

Read More: The Year of the Burqa Ban: Where, How, & Why It Was Banned

Austria’s ban came in May of this year amid pressure from Austria’s right-wing Freedom Party, according to NPR. Supporters of the legislation, which also forbids distribution of the Quran, say it will make integration into the country easier.

In 2016, both Bulgaria and the Netherlands passed laws banning face veils, although the Dutch legislation also bans ski-masks and helmets that cover the face.

Although it has not yet been passed, a ban on full-face veils at Norwegian universities was also proposed last month.  

News

Demand Equity

Burqa Bans Are Legal, European Court Rules

By Madison Feser