There are two anti-discrimination laws in Belgium which offer associations the possibility to support a suit or even file a suit. On the one hand, the anti-racism law that is based on the directive 2000/43/EG and on the other hand, the anti-discrimination law which is based on the directive 2000/78/EG. The protected features within the Belgian anti-racism law are the alleged “race”, skin colour, origin or national or ethnical background. Protected features within the anti-discrimination law are age, sexuality, marital status, birth, capital, religious or ideological beliefs, political beliefs, language, the current or future state of health, a disability, a physical or genetical feature and social background.

In Belgium, there is an independent public body to combat discrimination and promote equal opportunities (UNIA). UNIA is a national human rights organisation that is active on a federal, regional and Community level. UNIA has been established by law as the “Centre of Equal Opportunities and Combat of Racism”, which explains that the anti-racism law as well as the anti-discrimination law refer to the ‘Centre’ when UNIA is meant.

According to article 31 of the Belgian Anti-Racism Law, UNIA is allowed to file a suit if the facts are giving reasons regarding the application of the Anti-racism Law. Furthermore, institutions, associations and organizations can also file a suit according to article 32 of the Anti-racism Law if the facts give reasons and those institutions strive to combat racism. If the victim can be identified, the institutions as well as the UNIA need to gather approval to file a suit.

The Belgian Anti-Discrimination Law also includes an association action. The UNIA’s right to file a suit is regulated in article 19 f., 29. The UNIA is certainly not allowed to file a suit in cases of discrimination because of language. According to article 30, institutions, associations and organisations that strive to combat discrimination can file a suit. According to article 31, there must be approval by the victim if he/she is identifiable.