Position of Victims of Acts of Racism and Racial Discrimination in Belgium

• NCJ Number: 198766
• Journal: International Review of Penal Law Volume: 73 Issue: 1 Dated: 2002 Pages: 111-153
• Author(s): Christine Van Den Wyngaert; Ignace Van Daele; Stef Vandeginste
• Date Published: 2002
• Length: 43 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: French; English
• Country: France

Annotation

This article discusses the procedural framework that determines the position of victims of acts of racism and racial discrimination in Belgium.

Abstract

Since 1996, the position of the victim in the criminal procedure system in Belgium has received large public and political attention. The enactment of the Law of 12 March 1998 increased the rights of the victim in criminal proceedings. The victim of a crime can bring a civil action before the criminal court. The court decides about both the criminal aspects of the case and the civil aspects. Fines and compensation are not mutually exclusive. The judge that has convicted the defendant on the criminal charges will usually also award compensation to the victim. The judge will never decide ex officio to compensate the victim, he will only do so on the victim’s request. This is called the constitution de partie civile and is only open to the actual victim of the crime, or to relatives of the victim. Criminal legislation against racism provides punishment against two types of incitement to discrimination: the incitement of other persons to commit discrimination and the public announcement of one’s own intention to discriminate. Simple racial insults and expressing opinions showing a racist bias and contempt for foreigners are not punishable. Victims of acts of racism and racial discrimination may choose to bring a claim for damages before a civil court. One of the main differences between criminal and civil procedures is that the civil procedure offers both disadvantages and possible advantages to the alleged victim. In both criminal and civil procedure, the victim must prove damage and the causal link with the acts committed. In Brazil it is believed that social control of racism should not be done through the Penal Law. Public politics should gradually and progressively decrease the racial differences through affirmative action policies. 118 footnotes