FAQ
1. What form of discrimination does the Centre act against?
2. What requests cannot be processed by the Centre?
3. What are the competencies of the Centre?
4. I am accused of racism, how can I respond?
5. How does the Centre treat individual requests?
7. What is the Centre’s approach to reports relating to language and associated problems?
8. Does the Centre approach the court systematically?
9. For what reasons can I contact a complaint bureau?
10. Can I get assistance from the Centre even though I do not have valid proof of residency?
1. What forms of discrimination does the Centre act against?
Nationality, so-called race, skin colour, origin or national or ethnic origin, age, sexual orientation, disability, faith or personal belief, civil status, birth, wealth, political belief, union belief, current or future health condition, a physical or genetic characteristic and social origin.
2. What requests cannot be processed by the Centre?
The Centre does not process discrimination or negative treatment based on a criterion not mentioned in the preceding list.
• Assistance. Generally we stipulate that the Centre is unable to intervene if foreigners ask for social help because they may, for example, be in need of accommodation or medical care.
The Centre does not support individual cases in individual administrative or legal proceedings such as, for exampleemployment?, asylum or regularisation requests, looking for accommodation or naturalisation. It is not authorized to handle such matters.
The Centre will refer you to a social or legal service for individual assistance that will take over the matter. It will also forward standard viewpoints and non-confidential guidance and recommendations to it. As the applicant, you will be able to refer to this in your proceedings. The Centre can also follow-up with an authority or institution to check the status of the case.
• Language. The Centre is not competent for discrimination based on language. The government still needs to appoint an institution that will be able to handle such requests.
• Gender. The Centre does not handle any requests relating to gender. If this applies to you, please contact:
Institute for Equality between Women and Men
Ernest Blerotstraat 1
1170 Brussels
T 02 233 40 27
E [email protected]
W igvm-iefh.belgium.be
top
3. What are the competencies of the Centre?
The legislature has clearly stipulated the tasks of the Centre in the law pertaining to the foundation of the Centre. Obviously this law has been adjusted over the years. Thus, for example, negationism, human trafficking and general discrimination have been added.
One matter is clear: The parliament has not authorised the Centre to deal with male-female discrimination (for this issue the Institute for Equality between Women and Men can assist) or language. The Centre is not permitted to and cannot deal with such matters.
However, we are competent in: nationality, a so-called race, skin colour, national heritage or ethnic origin, age, disability, sexual orientation, faith or personal belief, current and future health condition, physical or genetic characteristic, social origin, civil status, birth, wealth and political belief. Thus, we can act on behalf of a vision-impaired person if his guide dog is refused access to a restaurant, because the assistance of his specially trained guide dog is an absolute necessity. We are also processing a case for a homosexual couple who were refused the lease of an apartment purely and solely based on their sexual orientation. Furthermore, we receive a lot of inquiries for assistance relating to age discrimination in the job market.
top
4. I am accused of racism, how can I respond?
It is certainly unpleasant if you are accused of being a racist when this is absolutely not the case. It is difficult to deal with if this is not true, and it is hard to understand the person who accuses you of racism.
If you get into a situation where you are accused of being racist, try to calm the person down as best as you can and try to ask him what his reasons are. Why does
he/she believe you to be a racist? Is this justified? Let them know that you are offended by the insult.
If you are confronted with these insults in a work-related context, discuss this with your employer, your supervisor, the labour union or a prevention advisor. Let them know that the remark has offended you and try to find a solution together. Maybe this incident can be a motive for a lesson on racism.
5. How does the Centre treat individual requests?
The Centre treats each individual request seriously and legally, based on the existing legislation and jurisdiction applicable in Belgium and Europe. The Centre is a public institution that works independently. Every report is processed by a first line service and subsequently an expert will receive the case for further processing and follow-up.
top
The Centre for Equal Opportunities and Opposition to Racism will assist you with all complaints relating to racism. Some people wrongfully think that the Centre does not deal with complaints relating to racism whereby (native) Belgians are the victims. In this regard we sometimes talk about “reverse racism”. To give you an example of so-called “reverse racism”, sometimes police officers, fire fighters or people who work at counters are accused that they are acting with an inclination of racism when they are performing their jobs.
For the Centre, racism will always remain racism. There is no such thing as a breakdown in “reverse” or “non-reverse” racism. Racism can be described as antagonism and advocacy of hate, touching on violence or practicing violence or intention of less favourable treatment (and therefore discriminate)
in terms of individuals or groups based on their so-called race, skin colour, ethnic origin, national origin. Every act of racism is condemnable as it is an affront to human dignity and is in conflict with international agreements such as, for example, the Universal Declaration of Human Rights (United Nations, 10 December 1948). The Centre does not support a hierarchy or classification in racism. However, it is not sufficient that the offender and the victim are of different race, skin colour, etc., to establish whether we are dealing with a racist act: the motivation of the offender would have to be linked to that distinction.
In relation to racism, the Centre has been assigned by parliament to process reports of racism (by individuals, groups or reports by the media) completely independently. We consistently seek the best solution for the victim and for society.
7. What is the Centre’s approach to reports relating to language and associated problems?
The Centre receives regular reports associated with language. Over the last few months these reports have slightly increased.
Community disputes do not apply to the racism law. They could possibly fall under the Anti-Discrimination Law if the aspect of political belief becomes apparent. In this case the Centre can provide a recommendation, but ultimately, the decision lies with the Judge.
The Centre is not authorized for discrimination based on language.
8. Does the Centre approach the court systematically?
No, absolutely not. This aspect of the work often attracts media attention.
The Centre only approaches the court in 2% (of almost 3,000 reports in 2007) of the cases. In most cases it is related to so-called hate crimes (for example a homosexual is beaten up because he is homosexual). The Executive Board, consisting of representatives known for their experience and from the three language communities, will decide on a possible move to approach the court. Not management and not the individual employee.
Most cases are processed to find a solution whereby the needs of the disabled person, the person with an illness, the believer, the atheist, etc. are the priority.
We do much, much more than approaching the court. The annual reports (human trafficking, discriminations, migration) can be found on the website. You can refer to these and print them, free of charge, if you wish to find out more information regarding our daily work.
9. For what reasons can I contact a complaint bureau?
Complaint bureaus offer assistance to victims of discrimination and act with the aim of stopping discriminating conduct. In addition to the non-legal processing of the reports, they also develop preventive actions. In this regard, they get involved with the local network of associations and organisation.
These complaint bureaus assist with complaints relating to discrimination based on the following characteristics: gender, age, sexual orientation, civil status, birth, wealth, faith or personal belief, political belief, language, health condition, disability, physical or genetic characteristic, social position, nationality, so-called race, skin colour, origin or national or ethnic heritage.
top
10. Can I get assistance from the Centre even though I do not have valid proof of residency?
All information received by the Centre is processed in accordance with legal regulations for the protection of privacy. As a reporter or witness you have the option of remaining anonymous towards third parties (for example, in terms of the person who is accountable in your view). We respect that decision, however you must consider that often this may give us fewer options to intervene. If you have any doubts you can always contact the Centre.
Victim of discrimination?
