Discrimination on the basis of birth
By protecting the criterion of “birth”, the legislator intended to prohibit a person from being treated unfavourably because of the “conditions of their birth”.
Definition of the criterion
Unequal treatment of a person based on circumstances related to their birth is prohibited.
Anti-discrimination legislation does not define the criterion further. Case law refers in particular to unfavourable treatment linked to the identity or status of the person's parent(s) or siblings. It also covers situations such as birth outside marriage, being the child of a single mother or of a homosexual couple, etc.
Examples
A student is refused a vacation job because he has no family ties with an employee of the company to which he applied.
A job applicant is turned down because his surname is identical to that of a murderer who is unfortunately well known in the region.
Discrimination on the basis of birth in the law
To find out more about the protected criterion of birth, please find here some case law decisions.
Liège Labour Court, November 10, 2016 (only available in French or Dutch).
A man applies for a job as a graphic designer. The same day he receives a response telling him that he would never be able to work at the company, because all members of his family are unreliable.
Liège Labour Court, March 25, 2022 (only available in French or Dutch).
A teacher is refused the extension of his employment contract on the grounds that the employer has decided to no longer hire people with a degree of kinship or relationship with a member of the organising authority or staff; However, his sister works in the school in question.
Liège Labour Court, Liège division, April 28, 2023 (only available in French or Dutch).
A candidate for a position is rejected because his sister works at a competing company. The employer fears that confidential data would be leaked.
Find out more about discrimination
Discover the other protected criteriaPhysical characteristics
Discrimination because you have a dental problem or burns, for example.
Racial characteristics
Discrimination because of your nationality, so-called race, skin colour, ancestry, national or ethnic origin.
Origin or social condition
Discrimination, for example, because you are homeless, belong to a certain social class or have been in prison.