What is discrimination?
Discrimination is the unjustifiable difference in treatment of individuals or groups on the basis of protected characteristics. A protected characteristic is, for example, your skin colour, age, sexual orientation or disability. Discrimination, therefore, involves treating someone less favourably than others in a similar situation for no legitimate reason.
Discrimination based on certain protected characteristics and in certain areas of society is prohibited by law.
Discrimination: examples
- A landlord turns down a gay couple.
- An employer wants to hire only white people under 30.
- A car rental company refuses to rent cars to people over 60.
- A certain workplace has a ban on wearing headscarves, turbans, etc. Muslim women or Sikh men who wear them because of their religion are discriminated against.
- Persons in wheelchairs are not able to attend a theatre performance.
Discrimination: protected characteristics
In the case of discrimination, there must always be a connection to one or more protected characteristics. You do not always choose these personal characteristics yourself (skin colour, sexual orientation, age, etc.). Some characteristics are of your own choosing and genuinely define your identity (faith or beliefs, belonging to a trade union, political convictions, for example).
Good to know: to date, no government institution has been designated as competent to deal with discrimination based on language.
Civil status
Discrimination because you are refused entry to a dance school as an unmarried person, for example.
Origin or social condition
Discrimination, for example, because you are homeless, belong to a certain social class or have been in prison.
Physical characteristics
Discrimination because you have a dental problem or burns, for example.
Protected gender criterion
Discrimination based on sex, pregnancy, medically assisted reproduction, childbirth, breastfeeding, maternity, family responsibilities, gender identity, gender expression, sexual characteristics and medial and social transition.
Racial 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.
Conditions required to constitute discrimination
One can only speak of discrimination when the following conditions are met:
- There is a link to a protected characteristic. For example, disability, age, skin colour etc.
- The discrimination took place in a sector covered by legislation. For example, employment or healthcare.
- It involves unlawful behaviour. For example, direct or indirect discrimination or the refusal of reasonable accommodations for people with disabilities.
- The distinction is unjustified. For example, if a person who meets all qualifications is turned down for a job as an airline pilot because he is black. In contrast, refusing a person who is visually impaired is justifiable.
The differences between hate speech and hate crimes
Discrimination is distinct from hate speech and hate crimes:
- Hate speech: freedom of speech is a right in a democracy. As such, you are free to express an opinion that others might find shocking, disturbing or hurtful. This freedom is not unlimited, though. In some cases, such statements constitute (criminal) hate speech and action can be taken. For example, publicly and maliciously inciting discrimination, hatred or violence against people or groups, because of one or more protected characteristics.
- Hate crimes: these are crimes where the offender acted out of a motive based on hatred (or discrimination). It may then involve hatred of, disdain for or hostility to a person because of a protected characteristic.
(Criminal) hate speech and hate crimes are misdemeanours. Offenders who commit such offences can receive, for example, a fine, prison sentence or alternative punishment.
Discrimination under law
- The Anti-racism Act, Anti-discrimination Act and Gender Act are federal legislations to combat discrimination. Together with regional decrees and ordinances, we refer to them as the anti-discrimination legislation.
- Anti-discrimination legislation prohibits discrimination on the basis of certain personal or group characteristics in areas of public life such as employment, the sector of goods and services, education, housing …
- Legislators prefer a civil law approach to discrimination. This means that the victim can appeal to a court to stop the discrimination (cessation claim) and can, among other things, seek (financial) damages.
- In some cases, discrimination can also be prosecuted under criminal law. These include, for example, discrimination based on racial characteristics in employment, in the sector of goods and services and discrimination by civil servants.
What can we do to achieve more equality?
The principle of equality implies that people in the same situation should be treated in the same way, but also that people in different situations should be treated differently.
Working towards greater equality and inclusion means taking into account the reality and needs of each individual.
As a citizen, you too can take action to promote greater equality and inclusion.
Promoting equality means doing it every day, in every area of your life.
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.