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11th UPR session
Date of review: 2 May 2011
Date of report adoption: 21 September 2011
Working Group report: A/HRC/18/3
| Summary
Recommendations made: Take all appropriate action, including programmes of education and training, in order to eliminate prejudice and discrimination based on sexual orientation and gender identity; Protect gender identity and expression under anti-discriminatory laws and policies. Status of recommendations: Accepted. |
I. Key issues/recommendations identified by NGOs
Recommend that Belgium:
a) adjust the laws regarding legal recognition of preferred gender to comply with recommendations from human rights bodies, including legal recognition of gender without sex reassignment, freedom to take a name of own choice regardless of gender indicated by the name, and freedom to decide to have an ‘X’ as gender specification in the passport;
b) take all appropriate action, including programmes of education and training, with a view to achieving the elimination of prejudice and discrimination based on sexual orientation or gender identity, in line with their anti-discrimination legislation;
c) apply the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.
II. Excerpts from input reports
NATIONAL REPORT
V. Key national priorities, initiatives and commitments
D. Equality between women and men, gender-related discrimination and violence against women
75. Legislation against various forms of discrimination underwent far-reaching reforms in 2007 and 2008 at all levels of power in order to improve the protection of persons.57 Sexual discrimination, including on grounds of pregnancy, maternity, childbirth and gender reassignment, in addition to incitement to discrimination, are punishable under civil and criminal law.
F. Action to combat discrimination based on sexual orientation and gender identity
82. Numerous legislative advances have been made in Belgium with regard to action to combat discrimination on grounds of sex, gender identity and sexual orientation, including the adoption of two anti-discrimination laws in May 2007 and the Act of 25 February 2003, in addition to the Act of 13 February 2003 legalizing marriage between persons of the same sex and the Act of 18 May 2006 legalizing adoption by persons of the same sex. Furthermore, the Transsexuality Act of 10 May 2007 provides for the right to officially amend the registered forename and sex and simplifies the associated formalities.
83. Belgium also supports efforts to promote and protect the rights of homosexual, bisexual and transsexual persons at the European and international level. It has followed work on the new Council of the European Union draft directive on goods and services closely for a number of years. In March 2010, it also participated in the drafting and adoption of the Council of Europe recommendation on measures to combat discrimination on grounds of sexual orientation or gender identity. In December 2008, it also supported the United Nations General Assembly declaration on that same subject.
84. Two public institutions are competent to deal with cases of discrimination, namely, the Institute for the Equality of Women and Men (transgender and transsexual issues) and the Centre for Equal Opportunity and Action to Combat Racism (lesbian, gay and bisexual issues).
85. In the basis of the above, one might think that sexual orientation and gender identity were no longer criteria for differentiation in Belgian society. However, the Institute and the Centre register numerous reports of discriminatory incidents related to sex and gender orientation, and these reports show only part of the picture. Lesbians, gays, bisexuals and transsexuals also have a highly developed network of organizations that is supported by public authorities. Above all, these organizations serve to disseminate information, raise awareness and provide psychosocial support. Some are also anti-discrimination focal points.
III. References to SOGI during the Working Group review
Interactive dialogue and responses by the State under review
55. Norway commended Belgium for its efforts in children’s rights, combating of racism, gender equality, and the rights of lesbian, gay, bisexual and transgender people, and for incorporating human rights in the Constitution. Although Belgium reacted swiftly during the asylum crisis this winter and improved the situation of asylum seekers living on the streets, Norway had concerns over Belgium’s lack of structural capacity in receiving asylum seekers. Norway made recommendations.
71. Belgium was grateful that Norway and Spain had brought up the issue of the rights of lesbian, gay, bisexual and transgender people. Belgium was very active in promoting their rights at both the national and international levels.
IV. Conclusions and/or recommendations
100. The recommendations formulated during the interactive dialogue listed below have been examined by Belgium and enjoy the support of Belgium:
100.30. Take all appropriate action, including programmes of education and training, in order to eliminate prejudice and discrimination based on sexual orientation and gender identity (Norway);
101. The following recommendations enjoy the support of Belgium which considers that they are already implemented or in the process of implementation:
101.18. Protect gender identity and expression under anti-discriminatory laws and policies (Norway);
V. Adoption of the Report
Comments by States and other stakeholders
ILGA Europe, COC Netherlands and Çavaria
Mr. President,
We commend Belgium to accept recommendations to take action to eliminate prejudice and discrimination based on sexual orientation and gender identity. We encourage Belgium to do so by developing awareness raising programs and integrating information about sexual orientation and gender identity issues in school curricula.
During the Universal Periodic Review process Belgium has indicated that gender identity and expression are currently covered under existing anti-discrimination laws and policies. Whilst we appreciate this, we recommend Belgium to make explicit reference to discrimination grounds, such as sexual orientation, gender identity and gender identity, in its constitution.
In connection to upholding anti-discrimination practices in laws and policies, we are concerned about the existing requirement of surgery leading to sterilisation, which is necessary for trans people to have their new gender recognized. This requirement applies also in the absence of medical necessity. We recommend Belgium to abolish this requirement, a view which has previously been supported by The Committee on the Elimination of All forms of Discrimination Against Women, as well as the Council of Europe Commissioner for Human Rights.
We encourage Belgium to share best practices in the field of combating discrimination on grounds of sexual orientation and gender identity with other countries. Finally, we appreciate Belgium’s recognition of the Yogyakarta Principles on human rights, sexual orientation and gender identity, and recommend Belgium to continue using these principles in both its domestic and foreign policies.
Thank you Mr President.
VI. Further information
UPR Documentation
National report 1: A | C | E | F | R | S
Compilation of UN information 2: A | C | E | F | R | S
Summary of stakeholders’ information 3: A | C | E | F | R | S
Questions submitted in advance: E only
Addendum 1: E only
Addendum 2: E only
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Decision of the outcome: A | C | E | F | R | S
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