Police & Justice
The police and the justice system play a fundamental role in the fight against discrimination and for a more equitable society. Unia supports these two sectors through various tools and partnerships.
COL13: circular on research and prosecution policy in relation to discrimination and hate crime
The circular is designed as a comprehensive tool aimed at standardising judicial policies for combating discrimination. It covers both the criminal and civil aspects of anti-discrimination legislation and is aimed at public prosecutors and police departments as well as auditing authorities and inspectorates.
The circular focuses on the offences contained in federal legislation, which are more frequently used, but points out that the legislation of the federated entities also contains criminal provisions.
The circular clarifies what is expected of the justice system and also requests the input of the police forces in order to improve research into discrimination and hate crimes.
The circular was updated in January 2024.
How does Unia collaborate with the police?
Unia fights discrimination by and against the police through:
- advising and supporting people who have been discriminated against;
- training police officers in anti-discrimination legislation;
- supporting police zones in developing an internal diversity policy.
The COL13 circular invites each police zone to appoint a reference police officer. The development of networks between the police, the reference magistrates and other bodies such as Unia and the Institute for the Equality of Women and Men (IEFH) is essential.
Investing in partnerships is an effective approach: for example, the police are not in a position to resolve all problems, but they can refer cases to the appropriate body. Mediation services also play an important role in partnerships.
How is Unia working with the justice sector?
Discrimination and hate crimes are very complex issues.
That's why the Circular COL13 calls on each police zone and judicial district to appoint a reference magistrate in each Belgian province in addition to a reference police officer. In this way the circular seeks to improve cooperation between these different players.
- The circular lists the various pieces of legislation involved.
- It explains the different concepts and offences.
- It clarifies what is expected of magistrates.
Unia is a centre of expertise on which the judicial sector can also rely. The Unia website provides access to case law from all over the country. It is therefore an excellent tool for reference magistrates.
As well as providing information, Unia is a real partner for judges. Regular exchanges take place. When victims of a crime, file a complaint with the police, Unia can assist them with the rest of the procedure. Sometimes, Unia itself acts as a civil party. In such cases, it is useful to have a magistrate as a point of contact at the public prosecutor's office. The legal and technical decisions in these cases remain the autonomous responsibility of the public prosecutor.
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Every 3 months, the COL13 newsletter brings you case law, best practices, publications and other information on discrimination and hate crime.
The case law database
One of Unia's missions is to collect and make public court decisions that may be useful in assessing anti-racism and anti-discrimination legislation.
The texts are systematically anonymised and a summary is provided. Lawyers and other interested parties can work with simple parameters in this database or carry out targeted searches using keywords or extracts.
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