Discrimination under the law

The Belgian Anti-racism Act of 1981 combats specific forms of racial discrimination at the federal level.

The Anti-racism Act covers the following racially protected characteristics:  

• Nationailty,
• So-called race: although the word race is popularly used, there is no scientific basis for using the term race. Therefore, the Anti-racism Act refers to 'so-called race',
• Skin colour: for example, black or white persons or persons of colour
• Descent: for example, Jewish descent,
• National or ethnic origin: for example, if your parents are of Dutch or Roma origin.

These characteristics, therefore, not only protect minorities but also majorities.

Unia has the authority to treat cases of discrimination under the Anti-racism Act.

The Belgian Anti-discrimination Act of 2007 combats specific forms of discrimination at the federal level.

The Anti-discrimination Act refers to the following non-racial and gender protected characteristics:

• Age,
• Sexual orientation
• Civil status
• Birth
• Wealth
• Religion or philosophical beliefs
• Political conviction
• Trade union membership
• Language
• Health
• Disability
• Physical or genetic characteristic 
• Social origin 

Unia has the authority to treat cases of discrimination under the Anti-discrimination Act, with the exception of the protected characteristic of language.

The Anti-discrimination Act states that a separate body will be designated to deal with language discrimination, but this has yet to happen. 

The Belgian Gender Act of 2007 combats certain forms of discrimination at the federal level.

The Gender Act covers the following gender-related protected characteristics: 

• Gender
• Pregnancy
• Medically assisted reproduction
• Childbirth
• Breastfeeding
• Maternity
• Family responsibilities
• Gender identity
• Gender expression
• Gender characteristics
• Medical or social transition

The Institute for the equality of women and men is the competent Institution with authority on the Gender Act.

Certain provisions of the Penal code punish hate crimes and hate speech based on the protected characteristics referred to in the legislation mentioned above.

The Penal code provides for an increased penalty when an offence is committed with a discriminatory motive. This motive may constitute an aggravating element for certain offences (such as assault and battery) or an aggravating factor for other offences.

The Penal code also punishes the following forms of hate speech:

• Publicly inciting discrimination, segregation, hatred or violence against individuals or groups.
• Publicly disseminating ideas based on racial superiority or racial hatred.
• Belonging to or collaborating with a group or association that repeatedly advocates discrimination or segregation in public.
• Denying, approving, grossly minimising or attempting to justify the Holocaust or other recognised genocides.
• Engaging in sexist behaviour in public spaces.

The Regions and Communities have adopted their own decrees and ordinances on discrimination at a regional level. Unia has authority over the regional decrees and ordinances, except for: 

• The protected characteristic of language.
• Flemish areas of competence: in cases of discrimination pertaining to areas of competence of the Flemish Region and the Flemish Community, the Flemish Human Rights Institut (VMRI) is the competentinstitution. Please note: Unia continues to have authority over reports of hate speech and hate crimes in Flanders