Belgium

The Court of Cassation confirmed a Court of Appeal judgment in a case of the rape of a minor where the question at issue was whether rape was to be considered to have taken place, in violation of Article 375 of the Penal Code, even if penetration was incomplete given the incomplete physical development of the child. The Court confirmed that rape is any act of sexual penetration of whatever kind and with whatever object that is committed on a person who does not consent to it.

In Judgment No. 2019/AL/66, the Liège Labour Court of Appeal held that the dismissal of an employee on the grounds of her desire to become pregnant and the period of incapacity certified by her doctor following a miscarriage was discriminatory. The employer was ordered to pay compensation. The Court found that the employer failed to demonstrate that the dismissal was based on legitimate, non-discriminatory grounds such as a company reorganization or professional misconduct.

In this case, the Belgian Court of Cassation reviewed an appeal challenging the legal characterization applied by the lower courts and the severity of the sentence. The appellant argued that a finding of rape necessarily excluded any additional conviction for indecent assault, and sought a reduction of his sentence. The Court of Cassation rejected this reasoning, holding that rape may, depending on the circumstances, be accompanied by a separate finding of indecent assault, and that the two offenses are not mutually exclusive.

In Judgment No. P.22.0306.F, the Belgian Court of Cassation addressed the material element of the criminal offense of sexism, as established under the Law of May 22, 2014 combating sexism in public spaces.

In Judgment No. P.23.0492.N, the Belgian Court of Cassation reviewed sexist and discriminatory remarks made by a lecturer during a conference held at a Belgian university. The Court of Cassation clarified how the mental element of the offense of sexism should be established. It held that intent can be inferred from factual elements identified by the trial judge, such as the nature and context of the remarks, where these cannot reasonably be interpreted otherwise.

The Royal Decree of 26 April 2024 Granting a Subsidy to the Non-Profit “European LGBT Police Association” for the “Rainbow Cops” Project, grants a subsidy to the non-profit European LGBT Police Association to cover certain costs related to the “Rainbow Cops” project. This decision forms part of the Belgian national budget and supports the association’s initiatives at the European level.

A female employee claimed that she was discriminated against with regard to her salary at the time of her recruitment and subsequently as she became more senior in the company.  She argued that she was granted a lower salary at the beginning of her employment than male employees with equal qualifications and that she was not later granted a higher salary in the same way as male employees who received such higher salary only based on their seniority.The Court of first instance rejected the claims of the female employee.

Until 1976, the rules applicable on marriage and divorce originated in the Code Napoléon. At that time, the right to manage property within a marriage was held entirely by the man. To ensure that women would not suffer the negative consequences of bad management by their spouse (i.e., debts), in the event the marriage was dissolved they had the option to decline or to accept the division of assets and liabilities within a specified period. Silence meant that all matrimonial property rights and obligations were declined.

Following an assault by her husband (which was interrupted when he sustained a heart attack and had to be hospitalized), a woman temporarily moved into a small studio above the shop she rented and in which she worked. She brought divorce proceedings shortly after the assault, which resulted in a lower court restraining order on both parties.

D worked as a flight attendant for the airline Sabena. The airline paid her less than her male colleagues who did the same work. The ECJ held that Article 119 of the Treaty of the European Community was of such a character as to have horizontal direct effect, and therefore enforceable not merely between individuals and the government, but also between private parties. Article 157 TFEU (119 TEEC, 141 TEC) was invoked which stated "Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied".