The Guatemalan Penal Code criminalizes abortion for both the woman and the person performing it in most circumstances. Article 134 provides that a woman who seeks her own abortion may be sentenced to one to three years in prison, although the penalty may be reduced to six months to two years if the act is motivated by mental health issues directly related to the pregnancy.
The Political Constitution of the Republic of Guatemala recognizes the equality of all persons and provides specific protections for women and families. Article 4 states that all human beings are free and equal in dignity and rights, and that men and women, regardless of marital status, have equal rights and responsibilities.
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 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 Law of May 22, 2014 establishes a specific criminal offense for sexism in public spaces. It defines sexism as any act, gesture, or behavior clearly intended to show contempt toward a person because of their sex, or to treat them as inferior or reduced to their sexual dimension, where such conduct results in a serious violation of the person’s dignity. Sexist behavior may be verbal, non-verbal, or physical. The law provides penalties ranging from one month to one year of imprisonment, together with a fine.
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.
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.
The Law of 13 July 2023 creates a dedicated legal framework for the prevention and fight against femicide and gender-based killings. It defines femicide, the forms of violence that may precede such killings, and establishes the gender perspective as a guiding principle for all decisions and measures taken under the law. The law requires the publication of an annual report containing key femicide statistics as well as a biannual qualitative report on femicide and gender-based killings.
The Law of 4 August 1996 imposes specific obligations on employers to safeguard workers’ well-being and prevent sexual harassment in the workplace.
Article 237 of the new Belgian Penal Code (2024, entering into force in 2026) defines harassment as repeated conduct that has the purpose or effect of undermining a person’s dignity, creating an intimidating, hostile, degrading, humiliating, or offensive environment, or exerting psychological pressure that significantly alters the victim’s living conditions. The offense is punishable by 6 months to 3 years’ imprisonment or probation. Article 239 establishes an aggravating circumstance where harassment is committed with the aim of obtaining a non-consensual sexual act from the victim.
