A/HRC/42/59/Add.1
overrepresented among the unemployed. The employment gap between people born outside
the European Union and people born in Belgium is among the highest such gap in the
European Union, with a 21 per cent difference (27 per cent for women). 11
56.
Some measures are reported to have been taken at both the federal level and the
regional level (in Flanders, Wallonia and Brussels) to integrate people of a migrant
background into the labour market and to tackle discrimination, including on the basis of
ethnic origin. The federal Government informed the Working Group that, in order to
combat discrimination, the Government of the Brussels-Capital Region was using “mystery
calls”, a process involving the use of testers, whereby employers may be identified as
potentially discriminating unlawfully. Social inspectors are now able to present themselves
as jobseekers in order to investigate offences under the Anti-Discrimination Law. The
Attorney-General has circulated legal guidance for inspectors regarding the relevant
techniques for establishing evidence pursuant to the new legislation. The mystery call
programme had only recently been commenced at the time of the visit, however, and few
cases had been completed, so it was too early to assess its effectiveness. The Working
Group was informed that local authorities were able to implement similar policies.
Nevertheless, there is a lack of coordination across policy domains and between political
levels to address the challenge of integrating people with a migrant background into work.
Unia has stated that 27 per cent of complaints of employment discrimination received in
2017 involved “racial” criteria, and that most complaints concerned employment
opportunities.12
Education
57.
At every interaction with representatives of civil society, the Working Group heard
testimonies of the systematic practice of diverting children of African descent to vocational
or manual training and out of the mainstream, general educational trajectory. Such practices
severely impact the right of young persons to education and to childhood and the right of
parents to free choice with respect to their children’s education. Parents reported that they
were struggling to keep their children from being diverted, resisting transfers to vocational
education and fighting to avoid having their children diagnosed with behavioural or
learning disorders, and that they were being threatened with the involvement of child
protection services. A few parents discussed creative strategies to navigate these systems
and secure their children’s education, which included using the home school testing process
and enrolling their children in boarding school. University students also reported being
discouraged from continuing their education or progressing.
58.
The European Commission has confirmed these reports and has stated that there are
major inequalities in education, rooted in structural problems relating to equal opportunities
and inclusive education. Disadvantaged pupils are more likely to be steered towards certain
schools and lower educational pathways, and the Commission notes: “Wide performance
gaps between schools go hand-in-hand with unequal educational opportunities.”13
59.
In 2018, Unia published its Diversity Barometer: Education, which found disparities
between students of Belgian origin and students of foreign origin throughout all levels of
schooling. Areas of concern included regular attendance at nursery school, test scores,
leaving school without a diploma and underrepresentation in higher education. The
Diversity Barometer noted that 46 per cent of North African boys began school late; that
only 7 per cent of girls of Belgian origin left school without a diploma, while 41 per cent of
North African girls left school without a diploma; that whereas 50 per cent of girls of
Belgian origin continued to study following their last year of high school, this was the case
for only 30 per cent of North African girls; and that while only 13 per cent of boys of
Belgian origin left school without a diploma, this was the case for 45 per cent of boys of
Turkish and North African origin. 14
11
12
13
14
See ec.europa.eu/info/sites/info/files/2018-european-semester-country-report-belgium-en.pdf.
See www.unia.be/en/articles/more-employment-discrimination-cases-reported-to-unia-in-2017.
See https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52018DC0401.
Unia, Baromètre de la diversité – Enseignement (Brussels, 2018).
13
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