Discrimination on the basis of political convictions
A child is not treated equally because of his parents' political convictions. An employee is dismissed for “ideological incompatibility”. Discrimination based on political convictions can occur in different areas and can take on different forms.
Definition
“Political convictions” are defined as adherence to a political school of thought, without necessarily being a member of a political party.
The freedom to peacefully express one's political convictions is a fundamental right which can sometimes be subject to carefully circumscribed limitations.
Examples
- A worker is fired because he is a member of a far-right political party.
- A foster family refuses a child because of the parents’ political convictions.
- An employee is refused a promotion because he is a member of a far-left party, etc.
- The head of an NGO which campaigns for environmental protection offers a replacement contract as a salaried worker to a student. But during the trial period, the manager decides to terminate when she learns that this worker had assumed a public function in a far-right political group.
- The head of a trade union is looking for an IT specialist to manage the IT system. The manager learns that the new recruit is a member of a political party even though this is prohibited by the code of ethics and decides to fire him for "ideological incompatibility". The union cites its status as a doctrine-based enterprise. The dismissed employee claims discrimination on the grounds of political convictions. The Court deems it necessary to balance the rights involved: the fundamental rights of the worker and the rights of the employer. According to the Court, the trade union is indeed an enterprise characterised by a set of principles, that is to say a doctrine-based enterprise (content of the link is only available in French and Dutch).
- By virtue of his position, the dismissed employee had access to the entire computer system. He may well have terminated his membership of the political party in question, but that does not mean that he no longer had any sympathy for its ideology. Labour Court Brussels, October 4, 2011 | Unia (content of the link is only available in French and Dutch).
Discrimination on the basis of political convictions and freedom of expression in the law
The freedom to peacefully express and demonstrate one's political convictions is a fundamental right. Freedom of expression is enshrined in documents such as the Universal Declaration of Human Rights, the European Convention on Human Rights and the Belgian Constitution. It is one of the foundations of a democratic society. It is also true that no freedom, even a fundamental one, is absolute and may therefore be subject to certain limitations. However, these possible limitations must be carefully described, justified and proportionate.
The anti-discrimination regulations also provide that a difference in treatment on the basis of political convictions is prohibited if it is not justified by a legitimate purpose and the means used to achieve it are not appropriate and necessary.
Furthermore, so-called “doctrine-based” enterprises (political parties, trade unions, religious organisations, etc.) may require, for certain positions, that candidates share the convictions of the company or organisation concerned.
What is a doctrine-based enterprise?
A doctrine-based enterprise is granted an exemption to the prohibition on discrimination. It must strictly respect the precise limits imposed by law.
Doctrine-based enterprises can therefore ask the candidate to identify with the convictions of the company or institution. An attitude of trust and loyalty towards the fundaments of the organisation may then be required. This is a particular application of the notion of essential and determining professional requirement (content available only in French and Dutch). A political party can, for example, ask its project managers to join the party, because they have access to strategically sensitive information.
In light of the identity that characterises it, a doctrine-based enterprise cannot apply a policy of neutrality. It can, however, pursue a diversity policy that takes its identity into account.
Two types of organisations can claim doctrine-based enterprise status
- Those that have the inherent objective of promoting a religion or conviction.
- Those that rely on convictions to conduct their activities.
Find out more about discrimination
Discover the other protected criteriaReligious 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.