Discrimination based on sexual orientation
Your sexual orientation is an integral part of who you are sexually and/or romantically attracted to. Under no circumstances should your sexual orientation be a reason for discrimination, hate speech or a hate crime. Unfortunately, people who are gay or lesbian, for example, still face homophobia, bullying, verbal abuse, online hatred, aggression, etc.
What is discrimination based on sexual orientation?
Discrimination based on your sexual orientation means that you are treated differently without this being justified because you are, for example, lesbian, gay or straight. Note that sexual orientation is a protected characteristic. The law therefore protects you against this type of discrimination.
Important:
- The law does not contain a definition of sexual orientation. It is the judges who have to interpret this concept.
- It applies not only to heterosexuality, bisexuality and homosexuality, but to any form of sexuality that can be considered a sexual orientation.
- It is separate from the protected characteristics under the Gender Act such as gender identity, gender expression, sex characteristics and medical or social transition. The Institute for the Equality of Women and Men is responsible for these characteristics, as well as for sexism and revenge porn.
- You are also protected if you become the victim of discrimination, hate speech or a hate crime because someone believes that you are, for example, lesbian or gay, even if you are not. Or because you are associated with someone who is, for example, lesbian or gay. For instance, because you are out with a friend who is lesbian or gay or because you are attending Pride or an event organised by a LGBTI+ association.
- Since 2023 conversion practices have been a criminal offence in Belgium. These are practices aimed at suppressing or changing a person's sexual orientation, gender identity or gender expression.
Discrimination based on sexual orientation: examples
- A woman is fired after mentioning at work that she is a lesbian.
- An owner wants to rent his apartment only to ‘traditional families'.
- Two men are beaten up for walking down the street while holding hands.
- A translator refuses to translate a document for a man who wants to marry another foreign man.
- A rainbow flag displayed on the International Day against Homophobia, Biphobia, Transphobia and Intersexphobia (IDAHOT) is vandalised. The incident is filmed and posted on social media.
Frequently asked questions about discrimination based on sexual orientation
Open I was verbally abused on the street because of my sexual orientation? What can I do?
Mere verbal insults are not punishable. The Criminal Code states that only insults towards ordinary citizens that are publicly expressed through actions, writings, pictures or symbols are considered punishable. This could, for example, include spitting, giving someone ‘the finger’, throwing objects... If you are insulted in one of those ways, however, you can only personally file a complaint. Unfortunately, it is often virtually impossible to identify the perpetrators of such acts, especially when it concerns insults from unknown passers-by in public spaces.
Open I met someone on a dating site who later sent me abusive messages via WhatsApp. What can I do?
Criminal Code. But then the insults must have been expressed in public (and not in a private message). Insults are a complaint crime, which means that only the offended person can file a complaint. However, in practice no prosecution will take place because, the law stipulates that these offences should come before the court of assizes. And in practice this is never done for these types of press crimes.
Is someone sending you so many messages that they know or should know that this is seriously disturbing your peace of mind? Then this is stalking or digital harassment and you can file a complaint. The content of the messages then no longer plays a role and the criminal court can thus judge the crime. If the perpetrator acted with a homophobic motive, this can lead to an increased sentence.
Open When I was on my way home from a gay party at night, I was shouted at in the street because of my sexual orientation and then beaten up. What should I do?
You need to get yourself good support in such a situation. Talk about it with people you trust and seek medical help if necessary. Also don't forget to take the following steps:
- Report it to the police and have a police report drawn up that contains all elements that could point to a homophobic motive. The police can also put you in touch with the victim support service for psychological assistance.
- Have any injuries diagnosed by a doctor and take photos of them.
- Check whether there are any witnesses who can provide elements that are useful for the police to find the perpetrators.
- Report it to Unia if you have been the victim of a hate crime. Unia can assist and advise you during the legal proceedings and has the option to file civil proceedings before the criminal court.
Open Because I am a single man, my colleagues often speculate about my sexual orientation and often make jokes about gay men in my presence. Sometimes I find pictures of half-naked men on my desk. Is this also discrimination?
Harassment (bullying) is a form of discrimination. Harassment means undesirable behaviour that is related to one or more protected characteristics and has the purpose or effect of violating the dignity of the person and creating a threatening, hostile, insulting, humiliating or offensive environment. If there is harassment in employment relations, you are protected by the Welfare Act. Talk to your manager or confidential counsellor about it.
Open Can a homeowner ask a real estate agent to only rent to a 'traditional couple' and not to a lesbian couple?
Ordering discrimination – in other words asking someone else to discriminate – is prohibited. Both the person (or organisation) who gives this order and the person who carries out the order can be held liable for this.
Open My family does not accept my sexual orientation. What can I do?
Unfortunately, Unia cannot help you with matters that take place in the private sphere. Discover the organisations where you can find help.
You can, of course, file a complaint with the police and report it to Unia if your family commits criminal acts. This is the case if you are beaten or harassed by your family because of your sexual orientation or if your family incites others to discrimination, segregation, hatred or violence towards you. Or even: if they encourage you to undergo conversion practices. These are practices that consist of a physical intervention or the application of psychological pressure to suppress or change your sexual orientation, gender identity or gender expression. For example, if they pressure you to consult a faith healer or send you to an organisation that offers conversion practices.
Open Gay men are not allowed to donate blood. Is this discriminatory?
Today, gay men and other men who have sex with men (MSM) are no longer completely excluded from donating blood, but there is a required abstinence period of 4 months. Unia advocates developing a roadmap towards completely removing MSM as a criterion for blood donation. We regularly update this position, in consultation with organisations such as Sensoa, çavaria, Prisme and RainbowHouse with which we have established a collaboration agreement.
Discrimination on the basis of sexual orientation in the law
The Anti-Discrimination Act (2007) prohibits discrimination (including bullying and orders to discriminate) because you are, for example, heterosexual, lesbian or gay. The decrees and ordinances that apply in the Regions and Communities also contain this discrimination prohibition.
The legislation also contains provisions on the punishment of:
- publicly inciting (calling for) discrimination, segregation, hatred or violence on the basis of sexual orientation.
- discrimination on the basis of sexual orientation by civil servants.
- crimes (e.g. assault, assault and battery, etc.) where the perpetrator acted out of hatred, disdain or hostility because of the victim's sexual orientation. Such hate crimes can be punished more severely.
- conversion practices. These are practices that, for example, aim to change or suppress a person’s sexual orientation.
Good to know: purely verbal insults to ordinary citizens are not punishable in the Criminal Code. Criminal written statements (for example on social media) based on sexual orientation are also not prosecuted, in practice. This is true for all non-racial press crimes. According to the Constitution, these must be assessed by an assize court, but in practice this does not happen.
Discover more about discrimination
Discover the other protected criteriaPhysical characteristics
Discrimination because you have a dental problem or burns, for example.
Origin or social condition
Discrimination, for example, because you are homeless, belong to a certain social class or have been in prison.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.