ABSTRACT
In previous chapters, bans on the wearing of religious symbols in education are discussed as a violation of the fundamental right to freedom of religion ( Chapter 3 ) and as a possible breach of anti-discrimination laws ( Chapter 4 ). For teachers and school pupils affected, there might thus be an option as to the legal basis on which to appeal against these bans and it appears often a practical choice as to which of the two is chosen or whether both are claimed. Sometimes, people take the anti-discrimination route because it might appear easier to claim under anti-discrimination laws, although this appears only to be the case in EU law and in the national law of EU Member States if one can establish that direct discrimination has taken place. In relation to indirect discrimination, a justifi cation test very similar to the one in Article 9(2) ECHR is applied. Sometimes, an appeal based in anti-discrimination law is not available because the legislation does not cover religious discrimination in education, which was the case in both Begum and X 1 and which is still the case in Belgium, as can be seen in Chapter 4 .
