Belgium

Belgium has robust protective laws concerning LGBTIQ people. Discrimination, hate crimes, and hate speech on the basis of sexual orientation, gender identity, gender expression, and sex characteristics are banned. Same-sex couples can marry and adopt, and transgender people can change their legal name and gender markers based on self-determination. In 2023, Belgium adopted the first law against femicides in Europe, which also covers all forms of “gender-based homicide.” Parliament also adopted a law in 2023 prohibiting conversion practices. While addressing a serious human rights issue, the law is imperfect in its overly broad language and its reliance on a carceral approach, which itself raises human rights concerns.

Medically unnecessary surgeries on intersex infants are legal despite a 2021 parliamentary resolution on intersex people’s rights. However, in an important judicial victory, the Brussels Court of Appeal held a hospital accountable for nonconsensual medical interventions performed on an intersex minor in 2023.

Public opinion is generally accepting of LGBTIQ people. The 2023 Eurobarometer found that 79 percent of Belgians thought same-sex marriage should be allowed throughout Europe, and 80 percent agreed that “there is nothing wrong in a sexual relationship between two persons of the same sex.” Openly lesbian, gay, bisexual, and trans people have served in public office. At the last elections in 2024, all political parties except those from the far right introduced proposals to protect LGBTIQ people and fielded openly LGBTQ candidates for more senior positions than in the past.

Despite this enabling environment, LGBTIQ people are still subject to harassment and physical violence. According to a European Union Agency for Fundamental Rights (FRA) LGBTIQ survey, in Belgium, 15 percent of respondents reported having been assaulted in the five years prior to the survey, while 67 percent said that during their time in school, they suffered bullying, ridicule, teasing, insults, or threats because they were LGBTIQ. A recent study reveals high levels of prejudice and structural barriers in health care, employment, and daily life for trans and nonbinary Belgians. In 2024, 312 cases of discrimination, hate crime, and hate speech related to sexual orientation were reported, compared to 217 in 2023, according to UNIA, an independent public institution. The report reflects a growing phenomenon of men who are being lured into traps on dating apps and thus becoming victims of gay bashing. This is only the tip of the iceberg, however, as only 14 percent of LGBTIQ people who experienced assault had reported the incident to the police.