APRIL 20, 2022
BELGIUM
European Court of Human Rights Sides With Jehovah’s Witnesses in Belgium on Tax Issue
The European Court of Human Rights (ECHR) unanimously decided that the government of Belgium discriminated against Jehovah’s Witnesses when it canceled the property tax exemption previously granted to nine congregations in the Brussels-Capital Region. The judgment in the case Christian Assembly of Jehovah’s Witnesses and Others v. Belgium, released on April 5, 2022, could strengthen our religious freedom not only in Belgium but also in other European countries.
All religions in the Brussels-Capital Region benefited from a tax exemption on their places of worship until 2018. That year, the region amended its tax legislation so that only six “recognized religions” could benefit from the exemption. The amendment imposed a heavy tax burden on Kingdom Hall properties in Brussels amounting to a total annual tax payment of almost 45,000 euros ($49,025 U.S.).
The ECHR ruled that by limiting tax exemption to only the six State “recognized religions,” the Brussels-Capital Region discriminated against Jehovah’s Witnesses and violated the European Convention on Human Rights.
In reaching its decision, the ECHR also rejected Belgium’s claim that Jehovah’s Witnesses could apply for State recognition. The ECHR noted that the process of obtaining State recognition in Belgium is only possible if initiated by the Minister of Justice and depends on the purely discretionary decision of the legislature.
In their official decision, the ECHR stated that Belgium’s process of State recognition “inherently entails a risk of arbitrariness,” adding that “religious communities cannot reasonably be expected to submit to a process that is not based on minimum guarantees of fairness . . . in order to benefit from the tax exemption at issue.” Instead, the Court admonished Belgium to be “neutral and impartial” in its dealings with religious groups such as Jehovah’s Witnesses.
The ECHR decision emphasizes that State authorities cannot assess the legitimacy of religious beliefs or the way those beliefs are expressed. It will also help prevent other European nations from enacting tax laws that could discriminate against our organization.
We thank Jehovah for all of the legal victories that help us to fulfill our desire to glorify his name.—Revelation 15:4.