Flanders has increased the maximum lump-sum compensation awarded to victims of discrimination from €550 to €3,900, bringing it in line with amounts announced in July by the federal Secretary of State for Equal Opportunities, Gender and Diversity, Marie-Colline Leroy.
The adjustment is pursuant to a new equal opportunities decree approved in principle by the Flemish government in June.
Flanders has jurisdiction over discrimination in areas such as public transport, education and the rental market. In these areas, the lump-sum compensation for non-material damage is now €1,950. A judge may reduce it to €1,000 or increase it to €3,900, subject to a reasoned decision based on the nature, seriousness and duration of the act committed.
The limitation period is now five years, whereas different periods were previously in force. If the victim decides to apply to the Flemish Institute for Human Rights in the first instance, the limitation period is suspended while the complaint is being processed.
The decree also seeks to improve the accessibility of public buildings and introduces the concept of accessibility experts.
In July, Secretary of State Leroy presented a bill to strengthen the legislative arsenal against discrimination, which triples the lump-sum compensation for all forms of discrimination, with the exception of discrimination in the workplace, which has a specific framework.
The text also enshrines the principle of annual indexation of these amounts. Lumpsums from €650 to €1,300 are therefore increased to €1,950 to €3,900.
