Skip to main content

European Equality Law Network

European network of legal experts in gender equality and non-discrimination

Belgium

Council of Europe’s Convention on preventing and combating violence against women and domestic violence 

Country report Gender equality: How are EU rules transposed into national law?

Date: 30 March 2016. Topics

Gender equality in statutory social security

Date: 14 March 2016. Topics

Gender equality in statutory social security and remuneration

State of affairs 01 January 2015

Date: 1 March 2016. Topics

The Parliament of the French Community brought amendments to the French Community anti-discrimination legislation on positive action

Gender equality in employment: maternity protection

On 9 March 2015, the Labour Tribunal of Mons and Charleroi ruled that the lay-off of an employee suffering from multiple sclerosis constituted direct discrimination and violated the obligation of reasonable accommodation. It convicted the defendant to pay 17.319,48 euro compensation for damages corresponding to six months’ salary.

On 18 May 2015, the Labour Tribunal of Brussels ruled that the prohibition to wear the headscarf at work did not constitute discrimination on the ground of religion or belief. The Labour Tribunal referred to previous similar decisions of the Labour Courts of Appeal of Brussels and Antwerp.

On 17 March 2015, the Labour Tribunal of Antwerp ruled that an employer who sent offensive emails on the religion of his employee did not discriminate against him. According to the Tribunal, the applicant failed to prove that he had been treated differently from the other employees because of the offensive emails.

Gender equality in access to good and services

The Appeal Court of Brussels condemned the temporary work agency “Adecco” for discrimination on the grounds of race and ethnic origin

Gender equality in access to good and services

Date: 16 April 2015. Topics

On 9th March 2015, the Belgian Court of cassation decided to submit a preliminary ruling to the Court of Justice of the European Union on the compliance of the prohibition to wear the headscarf at work (private company) with the Council Directive 2000/78/EC of 27 November 2000 (direct discrimination)

The Council of States cancelled internal regulations of schools prohibiting the wearing of any conspicuous philosophical signs because this prohibition was not necessary in a democratic society
The Council of State (administrative section) is not competent to rule on an action for annulment against an Administrative Circular prohibiting the wearing of any conspicuous philosophical signs at school because the Circular is an internal measure and does not directly affect the pupils and the teachers
On 16 July 2014, the Court of First Instance of Brussels convicted a press agent and its company for having discriminated a disabled journalist who is in a wheelchair

State of affairs 01 January 2014

Date: 20 November 2014. Topics
On 26 February 2014, the Court of First Instance of Brussels (Criminal section) convicted eleven former police officers for acts of violence against vulnerable persons
On 24 May 2014, a gunman opened fire at the Jewish Museum in Brussels and killed four people.
By a judgment of 6 March 2014, the Labour Court of Brussels dismissed an injunction procedure related to a discriminatory practice in employment because the practice has already ceased and there was no risk of repetition of such a practice
Adoption of Acts approving the Cooperation Agreement of 12 June 2013 that turns the Centre for Equal Opportunities and Opposition to Racism into an inter-federal Centre

Go to the website of Human European Consultancy
Go to the website of Utrecht University
Go to the website of the Migration Policy Group

Order European equality law review

Click here to order publications