Belgium

In 2022, the Belgian Criminal Code was amended and a general aggravating circumstance was introduced for all offences. For offences motivated by hatred, contempt or hostility towards a person on the basis of a protected characteristic, the court must take this into account during sentencing. At the same time, the court cannot impose a higher punishment than the maximum penalty laid down for the offence, except in cases where the discriminatory motive constitutes a specific aggravating circumstance by law. The amendments also specify that a bias motive may exist even if a victim is targeted because of an alleged characteristic, and when a victim has a (perceived) connection with someone towards whom the perpetrator harbours hatred, contempt or hostility. The amended Criminal Code contains an expanded list of protected characteristics, including pregnancy, childbirth, breastfeeding, medically assisted reproduction, parenthood, alleged gender reassignment, gender identity, gender expression, sex characteristics, and social position.

Belgian is currently developing its first National Action Plan against Racism (NAPAR), which aims to provide a comprehensive policy on combating racism. A new federal action plan titled "For an LGBTQI+ friendly Belgium" was adopted in 2022.

In December 2022, the Belgian authorities concluded a study of the violence experienced by LGBTI+ people in Flanders (titled "Genoeg. Assez. Enough"). The study, which began in January 2021, investigated the extent to which the target group had experienced hate crimes.

In addition, the Brussels-Capital Region conducted an analysis of violence motivated by bias against LGBTQIA+ persons in the Brussels-Capital Region. The analysis was carried out based on reports conducted by the "Rainbow House" civil society organization. The first analysis was published in May 2022 and covers incidents until the end of 2020.

The Kazerne Dossin, which houses the Memorial, Museum and Documentation Centre on the Holocaust and Human Rights in Mechelen, in collaboration with the Antwerp public prosecutor's office, developed a training programme for perpetrators of some less violent hate crime.

Court judgments on a number of notable cases were issued in 2022. In March 2022, the Court of Appeal of Brussels ruled on the case of a 15-year-old boy who was racially insulted, physically assaulted and pushed onto the train track at a train station. The Court upheld the verdict of the court of first instance, finding the crime proven and recognizing the bias motive. The court explicitly underlined the enormous and lasting consequences of the aggression for the then 15-year-old victim, who subsequently suffered from anxiety and mood disorders.

In September 2022, the Criminal Court of Namen ruled that a bias motivation was behind an attack against a 15-year-old boy who was in a relationship with a girl of Chechen origin. The attackers aimed at preventing the relationship. The court noted that social pressure should not prevent a person entering into a relationship with another person.