| For a summary of Belgium’s review at the first cycle please click here. |
24th UPR session
Date of review: 20 January 2016
Date of report adoption: 11 April 2016
Document number: A/HRC/32/8
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SUMMARY SOGIESC issues during Belgium’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
12. JS13 has noted the existence, since 2013, of an initial Interfederal Action Plan to Combat Homophobic and Transphobic Violence and Discrimination. Nevertheless, for want of a budget, it is limited to a list of concerns.
13. Genres Pluriels (Plural genders) (GP) has said that transgender persons continue to experience violence. It regrets that the Act of May 2007 on transsexuality requires psychiatric or hormone therapies or surgery for legal recognition of gender. GP calls for: facilitating changes of first name for intersex persons; abolishing the requirements for psychiatric statements, genital surgery or hormone therapy for legal recognition of gender; basing changes of first names on self-declarations; and access to health care for transgender persons, including surgery, hormone therapies and social security coverage of these services. GP also recommends the prohibition of any non-essential hormonal or surgical operation on intersex children until they are of an age to give consent.
II. Excerpts on SOGIESC issues from the national report
Administration of justice (recommendations 100.42, 100.45-46, 101.19, 101.25)
14. In civil matters, another law, dated 5 May 2014, makes it possible for a co-parent in a female homosexual couple to establish filiation in the same way as for the father. This filiation may henceforth be established either by applying the presumption of co – maternity, or through recognition of the child, or by a judge
Racism and non-discrimination (recommendations 100.7-8, 100.31- 34, 101.6-7, 101.17, 101.22, 101.22-24)
37. In order to actively combat violence and discrimination against LGBT people in Belgium, two inter-federal action plans, against homophobia and transphobia, were developed in 2013. The first plan focuses on addressing homophobic and transphobic violence, while in the second plan, emphasis is placed on the broader context of the climate in which this violence arises, and more extensive efforts to prevent various forms of discrimination are planned. These action plans have been drawn up after consultation with civil society and the organizations concerned, and they have been supported by all regional governments and public authorities. The legislative measures envisaged in the action plans have already been adopted for the most part. In 2014, for example, additional legal protection for transgender people was incorporated in various pieces of legislation: the terms “gender identity” and “gender expression” have been integrated in the law on gender, in the legislation against discrimination and harassment and in the decrees of the federated entities. Under the inter-federal action plans, measures to increase penalties have also been expanded.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
22. The Committee on the Elimination of Discrimination against Women recommended that Belgium amend current laws and practices, in particular the Act of 10 May 2007 on transsexuality, to abolish the requirements for a psychiatric assessment, sterilization and surgery for transgender women who wish to obtain legal recognition of their gender.
IV. References to SOGIESC issues during the Working Group review
10. Regarding the combat against racism and xenophobia, legislative and legal instruments had been amended so as to better detect and punish discrimination and violence based on racial hatred. The training component — whether for the police or for teachers — had not been forgotten. Combating specific discrimination against lesbian, gay, bisexual and transgender (LGBT) persons had also received particular attention, with a focus on both prevention and protection.
87. Israel highlighted past recommendations of the universal periodic review on prosecution of discrimination and hate-related violence, such as that related to Holocaust denial; action plans to address discrimination against lesbian, gay, bisexual, transgender and intersex persons; and child rights indicators.
106. The Netherlands commended action plans against homophobia and transphobia, and stressed the importance of ensuring respect for human rights standards within the police.
128. Brazil welcomed the development of action plans against homophobia and transphobia, and the incorporation of additional legal protection for transgender people in domestic legislation.
V. Conclusions and/or recommendations
Belgium accepted the following recommendations:
138.105 Consider abolishing the requirements for medical interventions for transgender people who wish to obtain legal recognition of their gender (Israel);
138.106 Amend the legislation to allow the change of the civil identity without need of previous surgery (Spain);
140.10 Strengthen the national plans and policies to prevent acts of discrimination and violence motivated by racial and/or religious hatred, xenophobia, homophobia and gender grounds (Chile).
VI. Further information
You will find all documents relating to Belgium’s second review at UPR-Info and OHCHR’s websites.