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European Equality Law Network

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

Belgium

Non-discrimination law Emmanuelle Bribosia This email address is being protected from spambots. You need JavaScript enabled to view it.
Gender equality law Nathalie Wuiame This email address is being protected from spambots. You need JavaScript enabled to view it.

Legal developments

Belgium - Amendments to the anti-discrimination Decree of the French Community regarding positive action measures (PDF 73 kB)

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

Date: 29 February 2016. Topics
Belgium - Conditions for paid maternity leave (PDF 65 kB)

Maternity protection

Date: 5 November 2015. Topics
Belgium - Sick leave related to maternity (PDF 77 kB)

Gender equality in employment: maternity protection

Date: 5 November 2015. Topics
Belgium - The lay-off of an employee suffering from multiple sclerosis constitutes direct discrimination and violates the obligation of reasonable accommodation (PDF 62 kB)

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.

Date: 4 August 2015. Topics
Belgium - Prohibiting an employee from wearing the headscarf at work is not discriminatory: a decision in line with the previous national case law (PDF 85 kB)

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.

Date: 4 August 2015. Topics
Belgium - Employer’s offensive emails on the religion of the employee: no discrimination (PDF

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.

Date: 4 August 2015. Topics
Belgium - “Girls only” housing illegal (PDF 73 kB)

Gender equality in access to good and services

Date: 28 May 2015. Topics
Belgium - Conviction of the company “Adecco” for discrimination on the grounds of race and ethnic origin in the temporary employment sector (PDF 164 kB)
The Appeal Court of Brussels condemned the temporary work agency “Adecco” for discrimination on the grounds of race and ethnic origin
Date: 24 April 2015. Topics
Belgium - “Women only” fitness center not illegal (PDF 76 kB)

Gender equality in access to good and services

Date: 16 April 2015. Topics
Belgium - Preliminary question to the CJEU on the prohibition to wear the headscarf at work (PDF 231 kB)

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)

Date: 16 April 2015. Topics
Belgium - The Council of State cancels regulations of schools prohibiting the wearing of any conspicuous philosophical signs (PDF 41 kB_
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
Date: 17 February 2015. Topics
Belgium - The Council of State dismissed the action for annulment of an Administrative Circular prohibiting the wearing of any conspicuous philosophical signs at school (PDF 36 kB)
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
Date: 17 February 2015. Topics
Belgium - A press agent convicted for discrimination against a disabled journalist (PDF 37 kB)
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
Date: 17 February 2015. Topics
Belgium - Conviction of railway police officers for violent acts against vulnerable persons (PDF 52 kB)
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
Date: 16 September 2014. Topics
Belgium - Shooting at the Jewish Museum of Brussels (PDF 43 kB)
On 24 May 2014, a gunman opened fire at the Jewish Museum in Brussels and killed four people.
Date: 16 September 2014. Topics
Belgium - Discrimination in employment and injunction procedure: losing of interest before the Court because the discriminatory practice has already ceased without any risk of repetition (PDF 56 kB)
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
Date: 16 September 2014. Topics
Belgium - The new independent Inter-federal Centre for Equal Opportunities and Opposition to Racism and Discrimination is fully operational since 15 March 2014 (PDF 69kB)
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
Date: 27 June 2014. Topics
Belgium - First conviction for murder with homophobic intent as aggravating circumstance (PDF 55kB)
On 27th March 2014, conviction by the Criminal Court of Liège for assassination with the aggravating circumstance of homophobic intent
Date: 27 June 2014. Topics
Belgium - Members of a Right-wing extremist group convicted for Holocaust denial and incitement to discrimination and to hatred, violence and segregation against the Jewish community (PDF 59kB)
On 7 February 2014, the Criminal Court (Tribunal correctionnel) of Dendermonde convicted members of the Flemish Right-wing extremist group called “Bloed, Bodem, Eer and Trouw” for Holocaust denial, and incitement to discrimination and to hatred, violence or segregation against a person or against a group, a community or its members and especially the Jewish community
Date: 27 June 2014. Topics
Belgium - ECRI REPORT: Belgium still failed in some fields of non-discrimination law (66kB)
Despite several improvements made by Belgium, ECRI underlined some deficiencies of Belgian policies in the field of legislative issues, hate speech, violence, and integration policies.
Date: 20 June 2014. Topics
Belgium - The diversity Barometer in housing: First Belgian comprehensive report on discrimination in housing (52kB)
The Centre for Equal Opportunities and Opposition to Racism and Discrimination in collaboration with the Federal Minister for Equal Opportunities, the three regional housing Ministers and the Gender Institute presented the diversity Barometer in housing
Date: 20 June 2014. Topics
Belgium - Religion teachers authorized to wear religious symbols outside the classroom within public Flemish schools (55kB)
On 5 February 2014, the Council of State held that the function of religion teacher - active in public schools - inherently holds personal religious beliefs as well as religious symbols for some of them. Thus, they should be authorized to wear religious symbols not only inside the classroom but also outside of the classroom.
Date: 20 June 2014. Topics
Belgium - IT store manager found guilty of direct discrimination based on congenital hand deformities (PDF 64 kB)
On 10 December 2013, the Labour Court of Bruges (Flanders) convicted an IT store manager for direct discrimination against a prospective employee based on congenital hand deformities.
Date: 21 January 2014. Topics
Belgium - The Council of State refused to suspend the prohibition of conspicuous philosophical signs in Flemish Community schools (PDF 52 kB)

On 27 June 2013, the Council of State rejected the action for suspension of the decision of the Flemish Education Council of 1st February 2013, which enjoins the Flemish Community schools to prohibit conspicuous philosophical signs

Date: 17 January 2014. Topics
Belgium - Religion teachers authorized to wear religious symbols within all public schools' premises of the Wallonia-Brussels Federation (PDF 60 kB)
By a judgment of 17 April 2013, the Council of State held that teachers of religion or moral education are authorized to wear political, ideological or religious symbols within all public schools’ premises of the Wallonia-Brussels Federation
Date: 17 January 2014. Topics
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