Belgium
Categories Score
The full bar chart stands for 100%, and is filled by the country category score. The colour display uses the traffic light palette, with Green representing a score closer to 100% and Red a score closer to 0%.
ASYLUM
This category looks into laws that expressly include SOGISC as a qualification criteria for seeking asylum. We also take into account other legislation, policies, instruction or positive measures by state actors that are related to asylum addressing the needs and rights of LGBTI asylum seekers and refugees.
Criteria Compliance Ratio
Each pie charts stands for a category and is divided in slices by criteria. When a country complies with a criteria – fully or in some regions – the slice is coloured.
Keep in mind the criteria have different weighting factor within a category; for example, the criteria Prohibition of medical intervention without informed consent (intersex) stands for half (2.5%) of the INTERSEX BODILY INTEGRITY category weighting factor (5%). Meaning that even if a country can only comply with this specific criteria within the category (1/4 total criteria) the category scores 50%.
More information on the categories and criteria weighting factors here.
Category & Criteria Table
The table lists detailed information and insights on legislation supporting each criterion status. Please use the filters for in-depth analysis.
n/a = not applicable, meaning the criteria didn’t exist in the previous Rainbow Map edition (PROGRESSION column)
- Complies
- Applicable in some regions only
- Does not Comply
RECOMMENDATIONS
In order to improve the legal and policy situation of LGBTI people in Belgium, ILGA-Europe recommend:
- Prohibiting medical interventions on intersex minors when the intervention has no medical necessity and can be avoided or postponed until the person can provide informed consent.
- Increasing sentencing for hate crimes: advocating for judges to impose higher sentences for bias-motivated crimes based on sexual orientation, gender identity, gender expression, and sex characteristics as well as reforming Article 150 of the Constitution to bring bias-motivated crimes before a correctional court.
- Ensuring that legal gender recognition is accessible for all without age restrictions, and includes access for non-binary individuals.
Annual Review of Belgium
In our Annual Review of the Human Rights Situation of LGBTI People in Europe and Central Asia, we examine the advances made and provide concrete examples of on-the-ground situations at national level country-by-country in the 12 months from January to December 2023.
Read our Annual Review of Belgium below for more details and stories behind the Rainbow Map. You can also download the Annual Review chapter (.pdf) covering Belgium.
-
The so-called “reception crisis” continues, whereby for two years the Belgian government has been seriously failing to accommodate people with dignity during their asylum procedure. This leads to asylum seekers having to survive and sleep on the streets (see here). The people most impacted by this crisis are single men, including members of the LGBTQI+ community. When people requesting asylum are being granted shelter, the basic safety needs of LGBTQI+ people are usually not met in the main reception centers.
-
Mons became the second city where businesses will receive a label for being welcoming of LGBTQIA+ people, after a training provided by Maison Arc-en-ciel (MAC).
-
(See also under Education)
The Interfederal Centre for Equal Opportunities (Unia) called for urgent legal changes to ensure that perpetrators of hate crimes are prosecuted in criminal proceedings.
CSOs filed a complaint with the Prosecutor against a far- right organiser and founder of the extreme right-wing youth movement ‘Schild en Vrienden’, who demanded a store take down its rainbow flag because it spreads “paedophilia”. The video of the action went viral and spread hate.
An LGBTQIA+ iftar (the fast-breaking evening meal of Muslims in Ramadan) in Antwerp had to be cancelled after countless hate messages and threats. Several politicians, including the Flanders Minister for Equal Opportunities, condemned the hate wave.
Drag story time events were targeted by hate speech and harassment this year, with at least one event disrupted by a handful of far-right protesters. Drag shows were also targeted by hate.
Flemish right-wing politicians continued to use hateful speech towards LGBTI+ people. During a parliamentary session in October, MP Stefaan Sintobin (Vlaams Belang) upheld that schoolteachers should not address how gay and lesbian couples can have children.
-
(See also under Education)
After her disappearance in December 2022, the murder of a Georgian young trans woman in Belgium was reported in January.
Unia shared that it closed 137 files relating to discrimination based on sexual orientation in 2022, a worrying figure but a slight decrease compared to 2021. It received 7,310 complaints in 2022. Unia called for a new interfederal action plan against discrimination and violence against LGBTI+ people, as the previous one expired in 2019.
UZ Gent/Transgender Infopoint’s study, commissioned by the government, found that one in three LGBTQ+ people in Flanders have experienced physical violence in the past two years and 93% have reported verbal or psychological abuse.
Three LGBTQI+ bars were vandalised in Brussels. A man in his 70s was lured on a fake date on a dating app and robbed by five young men. A man was the victim of a homophobic and autistophobic attack in Brussels. Several rainbow crossings (see under Equality and Non-discrimination) were vandalised (see here, here, and here).
The Brussels metro received several terrorist threats, which also included anti-LGBT language.
The perpetrator in a 2022 homophobic hate crime was sentenced to 18 months of prison, including nine months of probation. One of the three perpetrators of a 2018 homophobic murder was sentenced to 28 years in prison – the others stood trial in 2021.
In July, Belgium adopted the first law against femicides in Europe. It includes protections for gender minorities who do not identify as women.
-
In July, the parliament adopted a ban on so-called ‘conversion practices’, covering sexual orientation, gender identity and expression, in the case of both minors and adults. The sanctions will include prison sentences and/or fines.
The parliament is yet to ban non-consensual surgeries performed on intersex children, in line with the 2021 parliamentary resolution on intersex people’s rights. Civil society continued to lobby for a ban, and also for sanctions, better access to healthcare for intersex people throughout their lives, and access to their own medical history.
In an important judicial victory, the Brussels Court of Appeal held a hospital accountable for non-consensual medical interventions performed on an intersex minor. Civil society widely welcomed the ruling.
-
(See also under Bias-motivated Speech)
The Ook Genks Wel Anders (OGWA) association’s IDAHOBIT event at a school in Genk was attacked by approximately 100 far-right students, who also assaulted a volunteer and city representatives. In response, the city and OGWA launched a campaign against anti-LGBT hate in schools.
The Hasselt Sports School suspended eight teachers for racist and homophobic speech on a messaging app. An official investigation was launched and later dismissed because of a lack of evidence, but a disciplinary investigation continues.
Sint-Rita college installed a rainbow crossing upon a students’ initiative (see more under Equality and Non-discrimination).
Students in the Herzele municipality received rainbow bracelets for IDAHOBIT.
In June, the Constitutional Court struck down the so-called ‘attainment targets’ for second and third-grade secondary education. The new targets don’t explicitly include LGBTI+ rights and experiences. Civil society found the ruling alarming and a step back.
A survey conducted by çavaria revealed that the situation for LGBTI+ students in secondary schools in Flanders has not improved in the past five years.
Sex education (EVRAS) became mandatory in French- speaking schools. The law was voted almost unanimously but the decision was used by far-right and religious groups to stage violent protests, including a wave of disinformation on social media and the vandalisation of some schools. Some of these groups looked at bringing the new law before the Constitutional Court.
-
Civil servants in Ghent are now eligible for 20 days of transition leave.
A new study by the University of Ghent found that lesbians and gay men face little discrimination in employment, contrary to trans people. Ghent allocated funding this year to test transphobic discrimination in employment and take legal action.
-
The parliament and the Prime Minister celebrated IDAHOBIT again this year. Municipalities also continued to raise the rainbow flag on IDAHOBIT and organise events (see here, here, here, here, here, and here).
The Ministry of Mobility announced on the occasion of IDAHOBIT that municipalities can request a rainbow pedestrian crossing from the Flemish Roads and Traffic Agency – in May over a third have already done so. The municipality of Hemiksem wanted to also install a rainbow traffic light, but the traffic institute deemed it unsafe and confusing. The rail company NMBS/SNCB ran a rainbow-coloured train from Antwerp on IDAHOBIT and a #trainbow in Liège.
Civil society petitioned the parliament to ban facial recognition technology in Brussels, which disproportionately impacts LGBTQI+ people, migrants, homeless people, and racial and ethnic minorities.
Three laws on discrimination were amended to replace “sex change” as a protected group with “medical or social transition” and to recognise multiple discrimination. The definition of sexual orientation was updated to reflect that sexual orientation can be fluid.
-
This year marked the 20th anniversary of marriage equality in Belgium.
-
Belgium joined the European Comission’s infringement proceedings against Hungary over its anti-LGBT legislation.
-
Belgium Pride was held in May (see here and here), with the motto ‘Protect the Protest’.
In Flanders, Antwerp Pride celebrated its 16th edition in August.
The first Pride march in Wallonia backed by official institutions will take place in Liège in 2024. TransPédéGouines Pride, organised by grassroots groups, took place for the second time in May.
The “anti-rioters” draft law, which would have severely restricted freedom of assembly, was eventually dismissed in November when the PS and Ecolo parties refused to vote in its favour.
-
UZ Gent/Transgender Infopoint’s study found that almost 70% of LGBTQ+ people have considered suicide. Transgender Infopoint celebrated its 10th anniversary.
An LGBTQIA+ health centre opened in Brussels and is run by three civil society organisations. In Wallonia, five such centres exist and two more will open soon. Funds were allocated to establish five more centres dedicated to trans health.
-
It is now possible to change one’s name or gender marker (M/F only) any number of times. Names no longer have to align with the person’s gender identity.
-
The Belgian Football Association launched a campaign against racist and homophobic hate in the sport, as the number of incidents more than doubled between 2021-2022. Eight football teams joined the Jarfi tournament against homophobia and discrimination, remembering Ishane Jarfi who died in a homophobic murder in 2012.
-
In March, the FPS Justice, formerly the Ministry of Justice, launched an internal recommendations guide at the Gender & Justice Colloquium for the treatment of incarcerated trans people.
Transgender Infopunt published a trilingual self-help guide for trans people in Belgian prisons and an info sheet for correctional staff on how to support them during their detention.
Several members of the army joined Brussels Pride for the first time this year.
-
A new shelter for LGBTQI+ youth (18-25) will open in Charleroi, funded by the City of Charleoi and a number of institutional partners. The demand for emergency housing for those kicked out from home remains high.
Ghent became the first city to fulfil all criteria on the Rainbow Ambassadors manifesto, which lists a five clear ways to support LGBTQ+ seniors, including provision of a confidential counsellor in all residential care centres and local service centres in the city, and appropriate training for care workers to deal with all forms of sexuality and orientation with respect.
The full Annual Review for 2024 is available here.