Discrimination on grounds of origin or social condition

Social condition is defined by the socio-economic and cultural environment in which a person lives.

Social origin refers to the social environment, or social class, into which a person was born and which shaped the first years of their life: their origins, their education or their starting point in life. (Rés. 2432 - Resolution - Text adopted (coe.int)). 

Social origin has an impact in terms of social mobility, particularly through a weaker social network. For example, a 2018 OECD study found that it took four generations to reach the median income on a stable basis if one is born into a low-income family in Belgium. (A Broken Social Elevator? How to Promote Social Mobility | en | OECD

The criterion of social condition is common in  the cases of discrimination that are treated by Unia.

For example, the refusal of a homeless person and their social worker in a café.

The digital divide also particularly affects a public protected by the criterion of social condition, who do not have access to digital tools allowing them to interact with public services, banks and hospitals.

Social origin can have consequences in terms of discrimination, particularly in employment, with unjustified distinctions made at job interviews based on social codes specific to a particular social environment, relating to language, behaviour, clothing and respect for rules of politeness. A first name perceived as being of popular origin can be a factor in discrimination.

In education, social background also plays a very important role: almost 15% of children leave primary school without the Certificat d'Etudes de Base (CEB).

There are many reasons for this failure. They are most often linked to breakdowns of various kinds:

• family
• school
• social
• identity
• cultural.

The reasons for these failures are also always linked to the difficult, even antagonistic, relationship between a social background and the "world of school knowledge", in the context of a particularly discriminatory and inequitable school system (Lire & Ecrire website in French).

• I want to move my hospital appointment, but the procedure only allows me to move or delete appointments by email, and I don't have Internet access.
• Atmy children's school, communication with the teachers is via an application. Some parents are illiterate and can't read the notices.

Being illiterate is protected under anti-discrimination legislation by the criterion of social condition.

Digital inequalities affect almost half the population (Digital Inclusion Barometer 2022 | Koning Boudewijnstichting (kbs-frb.be)), particularly vulnerable people protected by discrimination criteria.

Digitalising society without taking these people into account is discriminatory (find out more: Digital divide: how can inequalities be reduced? - onlly available in French or Dutch).

A young pupil, Kevin, hates being harassed at school because of his first name: the children imitate a sketch by a well-known Belgian comedian that uses his first name, they pronounce his first name with an exaggerated accent, and they call him "baraki" and "poor". Kevin was in great pain and began to withdraw into himself, unable to understand what was behind the mockery.

His mother contacted us to find out whether this was discriminatory harassment, based on his presumed social origin (the simple fact of being called Kevin is only a presumption by the other children of Kevin's social origin).

The social condition is included in Walloon, Brussels and federal legislation.

The legislators exemplify this criterion in a non-exhaustive way in their preparatory work:

• At Walloon level: the situation of the homeless, jobseekers, people with a criminal record or people leaving or who have left prostitution.
• At federal level: situations involving the homeless, jobseekers, illiterate people, people living in difficult socio-economic conditions, people leaving or who have left the prostitution system and people with a criminal record.
• The Brussels anti-discrimination code also includes a residency status criterion to explicitly protect people who are undocumented or have a limited residency permit.
• At the Flemish level, the criterion of social position is included.

The social condition criterion covers more broadly the socio-economic situation of individuals:

• "(...) Firstly, States should guarantee equality before the law, ensuring that regulatory and policy frameworks do not discriminate against people experiencing poverty.
• Second, states should guarantee equal protection of the law, ensuring that state agents do not discriminate against people experiencing poverty. This should include an obligation on public bodies to assess the impact of their decisions on inequality and poverty (...)

On these different aspects, the legal provisions prohibiting discrimination on the grounds of socio-economic disadvantage should tackle not only direct discrimination (the taking of unfavourable decisions on the grounds of low income or wealth), but also indirect discrimination, where reference to apparently neutral criteria or procedures deliberately or unconsciously affects people experiencing poverty disproportionately.

This is the case for criteria such as literacy level, unemployment, homelessness, place of residence (e.g. deprived neighbourhoods) or, as mentioned above, source of income (e.g. reliance on social assistance) or occupation of precarious forms of employment (...)".

Source: Report of the Special Rapporteur on Human Rights and Extreme Poverty (only in French).

Social origin is included in Walloon, Brussels and federal legislation.

The legislators exemplify this criterion in a non-exhaustive way in their preparatory work:

• At Walloon level: the situation of the homeless, jobseekers, people with a criminal record or people leaving or who have left prostitution.
• At federal level: situations involving the homeless, jobseekers, illiterate people, people living in difficult socio-economic conditions, people leaving or who have left the prostitution system and people with a criminal record.
• The Brussels anti-discrimination code also includes a residency status criterion to explicitly protect people who are undocumented or have a limited residency permit.
• At the Flemish level, the criterion of social position is included.