Discrimination on the grounds of disability
According to WHO figures (2023), people with disabilities account for around 15% of the world's population. These people face many barriers that prevent them from participating fully and effectively in society.
However, people with disabilities are protected by various laws and conventions, such as anti-discrimination legislation, the Belgian Constitution and the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
Definition of disability
Disability has long been considered almost exclusively as an individual and medical problem. In recent decades, this approach has rightly been called into question. The focus is now no longer only on the individual, but also on what is not functioning in society. In this sense, disability arises from the confrontation between an individual - who has one or more disabilities - and an environment that is not adapted to that person's particular characteristics. Anti-discrimination legislation, the Belgian Constitution and the UN Convention fully endorse this new approach.
The UN Convention defines people with disabilities as ‘those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others'.
There are various types of disability:
- people with hearing impairments and deaf people
- people with a visual impairment and blind people
- people with a motor or physical disability
- people with autism
- people with intellectual disabilities
- people with psychological disabilities
- people with chronic illnesses
Examples of discrimination based on disability
- A person with an intellectual disability wants to live in a supervised flat but is forced to stay and live in an institution for people with disabilities.
- A person in a wheelchair cannot access the town hall due to the lack of an access ramp.
- An autistic pupil is refused admission to a local school, even though reasonable accommodations could be provided.
- A blind person is turned down for an office job despite the availability of adapted computer equipment.
- An obese person is turned down for a job as a receptionist because of her appearance.
- An person with epilepsy accompanied by her service dog is refused access to a restaurant.
- An employer refuses to accommodate the working hours of a parent who has to look after a disabled child.
What does the right to autonomy and inclusion mean for people with disabilities?
Too often we assume that people with disabilities are not capable of living independently in a place of their own choosing. This reasoning (based on a prejudice) leads to authorities investing funds in residential establishments for disabled people rather than in social services. The negative consequences of this approach are segregation, neglect, dependence on family, restricted freedom, abuse and isolation.
Article 19 of the United Nations Convention on the Rights of Persons with Disabilities refers to two essential rights for people with disabilities:
- The right to live independently
- The right to inclusion in society or in the community.
These two aspects taken together allow for independent living.
FAQ regarding the criterion
Open Does a person with a disability have the same rights as a person without a disability?
Yes, everyone, with or without a disability, has the same rights.
Open In which official document can I find all the rights of people with disabilities?
The United Nations Convention on the Rights of Persons with Disabilities sets out all of these rights.
Open Can a disabled person request special accommodations?
Yes, a reasonable accommodation modifies an environment to make it accessible to a person with a disability. Such a measure compensates for the effect of the unsuitable environment with which a person with a disability is confronted.
Open Can a person with a mental and/or psychological disability vote?
Yes, the right to vote is a fundamental human right.
Open Can a service dog be refused in a shop, restaurant or museum?
No, this is not permitted. If this happens, it is indirect discrimination. A service dog should not be considered as a pet, but as a helper. A person who needs a service dog cannot simply decide to leave it at home, just as a person in a wheelchair cannot do without their wheelchair
A very broad legal framework
The legal framework surrounding the fundamental rights of people with disabilities living in Belgium is very large.
It includes international, European and Belgian standards (from the federal state and the various federated entities). These different standards are organised according to a hierarchy. Each standard must comply with all the standards above it in the hierarchy. Therefore, authorities adopting or amending a standard must consider the higher standards.
However, the law does not consist solely of legal texts. It is also based on other sources, such as numerous Belgian and international court decisions and legal doctrine written by legal experts:
More about the case law on discrimination based on disability and the Convention on the Rights of Persons with Disabilities (only available in French and Dutch).
Unia promotes a social vision of disability
Unia promotes a social vision of disability rather than a medical one. It supports the idea of an inclusive society and fights discrimination on the basis of :
- anti-discrimination legislation;
- the UN Convention on the Rights of Persons with Disabilities, as the independent mechanism responsible for promoting, protecting and monitoring the implementation of the Convention in Belgium.
Unia's missions in the field of disability
- Advising and supporting people who feel discriminated against or whose rights, as guaranteed by the UN Convention, are not respected;
- Informing people with disabilities and all relevant stakeholders in society about the provisions of anti-discrimination legislation and the UN Convention;
- Ensures that legislation and policies comply with the UN Convention and draws up reports and recommendations;
- Consult with disabled people and their representative associations, in particular via its Support Committee.
- Participating in the evaluation of Belgium by the United Nations Committee on the Rights of Persons with Disabilities.
Find out more about disability (only available in French or Dutch).
- Understand reasonable accommodation?
- Discover the UN Convention and Unia's role in its implementation (only in French and Dutch)
- Find out more about Article 22 ter of the Constitution on disability (only in French and Dutch)
- See the negotiated solutions related to disability? (only in French and Dutch)
- Discover the disability training module to understand the legislation (only in French and Dutch)
- Read the report ‘Improving Equality Data Collection in Belgium II‘ - disability, state of health, physical characteristics (2024)
Find out more about discrimination
Discover the other protected criteriaRacial characteristics
Discrimination because of your nationality, so-called race, skin colour, ancestry, national or ethnic origin.
Religious and philosophical convictions
Discrimination because you are a Sikh or a Muslim, for example.
Sexual orientation
Discrimination because you are gay, for example. It does not include gender-related protected characteristics.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.