Belgium

Although Belgium is a party to major international human rights treaties and the promotion of the relevant high standards is declared as one of its key domestic and foreign policy priorities, violations of the universally recognized rights and freedoms are reported there on a regular basis. Thanks to the activity of the media and national and international human rights organizations, such facts are usually made public, but authorities do not always take measures to remedy the situation.

The State features several official human rights bodies with different mandates, including the Inter-Federal Centre for Equal Opportunities (Unia). At the same time, in 2019, a law was adopted to create the Federal Institute for the Protection and Promotion of Human Rights. In this regard, international monitoring bodies are concerned about coordination between the new institution and the existing ones.[94] The institute's mandate at the federal level is still limited and does not cover the power to receive individual complaints.

According to the Centre's 2021 report, Unia received 10,610 reports of alleged discrimination, hate speech or hate-motivated acts. This is an increase of 12 per cent compared to 2020 (9,466 reports). 35 per cent of them had to do with a discriminatory effect of measures related to coronavirus restrictions (in 2020, 16 per cent) – in the media sphere, 1,054 reports; purchase of goods and use of services, 712; public life, 508.

Unia opened 2,379 individual cases after examining the reports. The 9 per cent increase, compared to the previous year, is due to the relaunch of a number of sectors that were forced to suspend their activities in 2020 because of the healthcare crisis. There is a slight decrease in the number of racism-related cases: 897 in 2021, compared to 956 in 2020. Disability (538 cases in 2021, compared to 519 in 2020), health condition (391 cases in 2021, compared to 162 cases in 2020), religious or other beliefs (243 cases in 2021, compared to, 261 in 2020)[95] are also among the most frequent grounds for discrimination.

In addition, the Federal Centre initiated a launch of the project on "Improving equality data collection in Belgium", which brings together dispersed and previously unstructured data on discrimination and categorizes it according to the grounds underlying unequal treatment.[96]

In 2023, it is foreseen that the participation of Flanders in Unia will end. This body will no longer have a mandate to assist persons affected by discrimination in areas under the region's jurisdiction. A Flemish human rights and anti-discrimination body is to be established instead. According to experts, this would result in the Inter-Federal Centre losing some of its resources, and making the system of human rights promotion and protection even more complex.[97]

The Flemish authorities also continue to oppose the ratification of the Council of Europe Framework Convention for the Protection of National Minorities.[98] Belgium has not signed the European Charter for Regional or Minority Languages. At the same time, the situation in this area is far from perfect. The Association for the Francophonie in Flanders, for example, points out that the Walloons residing in the north of the country are discriminated. In particular, they have limited access to social housing; French-speaking cultural associations cannot apply for funds from the region, document flow at the level of local authorities in the vast majority of communes is in Dutch, which contravenes constitutional provisions on linguistic freedom.

For its part, the Council of Europe's European Commission against Racism and Intolerance (ECRI) has criticized the fact that there is no independent body with any competence on questions relating to discrimination on the ground of language despite the fact that the establishment of such a body is provided for by the relevant legislation.[99]

EU Agency for Fundamental Rights (FRA) report of 2022 contains the results of a discrimination-testing study carried out in Antwerp in order to examine the level of discriminatory attitudes among local employers. As part of it, researchers sent out 2,880 job applications in response to 1,440 job advertisements. Candidates with a "non-Flemish-sounding" name had 17% less chance of receiving a positive response to their job application than those with a "Flemish-sounding" name, the results showed.[100]

In July 2022, the Belgian government approved a national plan of action to combat racism in accordance with the decisions of the World Conference against Racism in Durban, South Africa, in 2001. The document includes 70 measures aimed at combating racial discrimination in employment, service industry, public administration, asylum, migration, justice, law enforcement and other areas.

In May 2021, however, the Belgian authorities rejected the recommendation contained in UN Human Rights Council's Universal Periodic Review to enshrine an explicit ban on racial profiling in national law. However, the existence of this problem has been confirmed by sociological studies on several occasions. In particular, in June 2019, researchers from the University of Antwerp published data showing that police are three times more likely to stop and search persons with ethnic minority backgrounds for identity checks than other citizens. The research finding show that such practice can undermine trust in law enforcement among this group of the population.[101]

The Committee on the Elimination of Racial Discrimination (CERD) is also concerned that there is a risk of abuse in practice based on a loose interpretation of the term "reasonable grounds", used in the Police Functions Act, in connection with the powers of police officers to carry out identity checks.[102]

In addition, Belgian legislation still contains no provisions declaring organizations that incite racial discrimination illegal. Nor there are any provisions banning parties that seek to curtail freedoms or de facto organizations that promote racial discrimination.[103]

International human rights bodies are especially concerned over the plight of the Roma national minority. The Committee on Economic, Social and Cultural Rights (CESCR) noted in March 2020 the shortcomings in the implementation of the national strategy for the integration of Roma people and the absence of specific measures to combat discrimination against members of this community. Experts criticized the increase in forced evictions and the simultaneous absence of relevant aggregated data at the federal level, and the fact that caravans are not adequately protected as a place of residence.[104]

Earlier, the Inter-Federal Centre Unia also expressed its concerns about a large-scale operation "Strike" on May 7, 2019, as part of an investigation into a large car fraud scheme. It involved a raid on parking lots with 90 caravans seized. As a result, the people living there were left homeless. According to representatives of the centre, the measures taken by law enforcement officers were excessive and had a negative impact on families with children, older persons and people with health problems.[105]

In its report on Belgium within the sixth monitoring cycle, ECRI noted a trend toward the increasing marginalization and impoverishment of Travellers. The document also notes the insufficient numbers of transit and long-term sites in the country.[106]

In May 2021, CERD also noted that poverty and social exclusion of Roma people, especially children, remained a pressing problem.[107] In addition, child and/or forced marriages still exist in Roma communities.[108]

There is a high rate of unemployment among members of this group, compared to the rest of the population. There is a low rate of health insurance coverage for Roma. CERD also noted the negative impact of the COVID‑19 pandemic on the already precarious enjoyment of economic, social and cultural rights by Roma and Travellers.[109]

As a positive example, however, cities with a strong Roma presence, especially Ghent, Sint-Niklaas, Antwerp and Brussels, have deployed "neighbourhood stewards". They form a bridge between the Roma population, the city administration and social services. The neighbourhood stewards work closely with a number of schools with a large Roma population.[110]

The issue of wearing headscarves at school in Belgian society is still a source of heated debate. The decision to completely ban them in institutions of higher education has been reversed by the Council of State, which has decided that such a measure should be applied in a selective manner and that it should be justified by the specifics of the institution itself. Nevertheless, according to ECRI, there have been no practical consequences of the verdict: institutions of higher education (whether official, independent, subsidized, confessional or non-confessional) still have internal regulations that prohibit the wearing of religious symbols.

In their most recent report, the Commission's experts recommended that the authorities ensure that the decisions taken by schools regarding the wearing of religious symbols or clothing at school and in higher education establishments should respect the principle of lawfulness and be free of any form of discrimination.[111]

In turn, the HRCttee criticized the law governing the wearing of full veils in public. The fact that it imposes a fine or imprisonment as a sanction evidences a disproportionate infringement on the freedom to manifest one's religion or belief. In addition, the Committee is concerned about the prohibition against the wearing of religious symbols at work, in certain public bodies and by teachers and students at public schools, which could result in discrimination and the marginalization of certain persons belonging to religious minorities.[112]

Alongside these measures, xenophobic statements in political discourse has also contributed to the deterioration of attitudes towards the Muslim community in Belgium. EU Agency for Fundamental Rights (FRA) report 2022 documented a case where the president of a political party in Belgium blamed the Muslim community "for the increase in Covid-19 cases in Antwerp".[113] Annual report 2020 on the work of Unia specifies that it is a case of Tom van Grieken, president of "Flamandsky Interes" ("Vlaams Belang").[114]

People of African descent are affected by racial discrimination in employment, education and housing. For example, they have high levels of unemployment and employment in lower status jobs. Black people are not sufficiently represented in public administration, the media, cultural settings, the scientific community and academia.[115]

The arrest of a Congolese migrant woman in Liège in March 2021 sparked another wave of public discontent and resulted in a demonstration in defense of people of African descent under the slogan "Black Lives Matter. The woman accused the police of racism and violence. A spontaneous protest that began peacefully ended in clashes with the police.[116]

Earlier that year, a similar incident took place in January in Brussels, where riots broke out after a 23-year-old man of Guinean origin died in a police station. He was arrested after he refused to provide the officers with documents and tried to run away. At the station, he felt unwell, lost consciousness and died.[117]

On April 11-12, 2020, the migrant district of Brussels, Andrélecht, also saw mass demonstrations. This was sparked by the death of a young man who was hit by a car while trying to escape from a police patrol. Clashes with the police culminated in the use of water cannons and mass arrests.

In 2021, CERD expressed concern about reported cases of deaths of migrants, asylum-seekers and persons belonging to ethnic minorities at the hands of law enforcement officials. It is pointed out that such practice is gaining momentum in the context of monitoring compliance with self-isolation measures related to the COVID-19 pandemic.

It is noteworthy that cases of racially motivated police violence are treated as isolated problems and are not dealt with in a consistent and systematic way in order to confront a situation that suggests the presence of a structural discrimination challenge (according to CERD experts).[118]

In the wake of the "Black Lives Matter" movement, a special parliamentary commission on the colonial past was established in Belgium in 2020. In December 2022, after two and a half years of studying how the metropolis had treated its three colonies (today's Democratic Republic of Congo, Rwanda and Burundi) and preparing 128 recommendations to the Chamber of Deputies, the experts were forced to stop their work. The failure was caused by the lack of consensus on the wording expressing the attitude of official Belgium to its own actions in the past: while socialists and environmentalists felt that Brussels should "apologize" for them, liberals advocated expressing "deepest regret", following suit of King Philip of Belgium. Due to the absence of agreement on this issue, the outcome of the commission's work was never put to a vote, nor the developed recommendations submitted to Parliament.[119]

There has been an increase in manifestations of anti-Semitism. Most cases are reported in Brussels and Antwerp. The most frequent are insults of Jews in public places, vandalism (exposing of the swastika, nationalist stickers on buildings of the Jewish Museum and the Documentation Centre on the Holocaust and Human Rights), written and verbal threats, and anti-Semitic rhetoric on the Internet. In 2018, Belgium saw at least one judicial sentence for denying the Holocaust.

In March 2019, the high-profile crime against members of the Jewish community in Belgium was closed (the attack committed on 24 May 2014 at the Jewish Museum in Brussels resulted in four deaths; the crime gave rise, in Belgium and throughout Europe, to a wave of emotion and indignation and a movement of sympathy towards the Jewish community in Belgium). The perpetrator was sentenced by the Assize Court of Brussels to life imprisonment. The judgment also established the anti-Semitic nature of the attack.[120]

CERD also pointed to the numerous racist hate crimes reported since the beginning of the COVID-19 pandemic, targeting people of Asian origin in particular. There has been an increase in the use of hate speech, particularly anti-Semitic and Islamophobic speech, and the increasingly aggressive language on the Internet and social networks, including against migrants, refugees and asylum seekers.[121]

The system to collect data on hate speech and hate crimes fails to identify which are anti-Semitic, Islamophobic, anti-Gypsy, Afrophobic or hateful towards persons of Asian origin. It also does not give a sufficiently reliable picture of the specific problems affecting different groups of victims.[122]

Migration crisis consequences are deeply felt. The primary grievance of human rights defenders to the Belgian authorities in this area is the inadequate detention conditions for asylum seekers, illegal immigrants and their families. Often potential refugees have to be housed on the street.

The Belgian government's unsatisfactory migration policy has also been the subject of harsh criticism at the national level. In December 2022, deputies and supporters of the opposition party, "Les Engagés", held a rally in front of the headquarters of the ruling party, "Open VLD": they stayed outside all night, having previously pitched a tent like migrants. This was triggered by the lack of progress in resolving the issue of accommodation for asylum-seekers (estimated at between 2,000 and 3,000), while temperatures outside had dropped below freezing.[123] The number of children among those without enough warm housing, according to "Anadolu" agency, was at least 21.[124]

On top of that, the arrival of refugees from Ukraine in 2022 only exacerbated the already unfavourable circumstances of migrants of African and Asian origin. The accelerated procedure for granting Ukrainians residence permits, work permits, housing and access to the social security system delayed the resolution of all these issues for all those in need of other nationalities.[125]

At the same time, the clandestine business of trafficking migrants from the Middle East and North Africa to Europe is establishing transit channels through Ukrainian territory. For example, Dries Van Langenhove, a representative of far-right party "Flamandsky Interes", pointed out that one in three of all asylum seekers claiming to come from Ukraine had nothing to do with it.

The capacity to receive migrants remains limited. The vast majority of accommodation centres are already fully occupied or overcrowded.[126] According to experts, this is caused by the lack of funding for the relevant services and a shortage of trained personnel.

On February 25, 2021, the Constitutional Court of Belgium accepted the practice of detaining applicants for international protection, considering it necessary for effective border control.[127]

The latter was criticized by CESCR in March 2020. The Committee noted with particular concern the return to imprisonment of migrant families, pregnant women and children.[128]

For persons who are staying in the country without proper legal justification and have suffered a criminal offense, reporting to a police station may result in arrest for immigration control purposes. This state of affairs is contrary to the principle of prohibiting the criminalization of victims of crime.[129] The Committee on the Elimination of Discrimination against Women noted in November 2022 the serious obstacles to access to justice faced by victims of gender-based violence for fear of being deported.[130] CERD and CESCR add that the risk of deportation has an adverse impact on the exercise of certain basic rights, such as the rights to education, health care and housing. Migrants in an irregular situation must follow complex, variable and costly bureaucratic procedures even in order to obtain emergency medical care.[131]

According to one of ECRI recommendations of 2019 subject to interim follow-up, the Belgian authorities were to ensure that no public or private service provider is required to report to migration control authorities any persons it suspects of being irregularly present for the purposes of immigration control and enforcement. This applies in particular to providers in the areas of labour protection and justice, the aim being to prevent any obstacles to the effective enjoyment by unlawfully resident workers of their right to recover back pay owed by their employers and to have full access to complaint mechanisms. The Commission's experts, however, had to note in September 2022 that no action had been taken in that direction by the government.[132]

The Committee against Torture (CAT) noted with concern in August 2021 the vague provisions in Belgian law regarding the possibility of refusing refugee status or subsidiary protection if the requesting person was a threat to national security.

Lengthy periods of stay in the country without an opportunity to legalize their status, pushes migrants into desperate acts. In 2021, about a thousand people, some of whom had not been able to obtain official documents in Belgium for over 10 years, went on hunger strike in a church in the centre of Brussels. Some of the migrants sewed their mouths shut, others attempted suicide. Under public pressure, the country's authorities announced that consideration of requests for documents will be expedited "for humanitarian reasons" and "for medical purposes".[133]

"Punitive" measures taken by the authorities against those sympathetic to migrants or refugees raise concerns. For example, two journalists, a social worker, and a fourth person faced trial because they had given shelter or otherwise supported migrants.[134]

There are reported cases of minors being placed in closed centres by Belgian authorities. The Committee on the Rights of the Child (CRC) pointed out in January 2019 that unaccompanied children are housed in adult asylum-seeker centres. It also noted that the incidence of disappearances among unaccompanied children transiting Belgium is high.[135]

FRA report 2022 states that several children were detained in closed centres for a long period of time to determine their age. Owing to delays in the age assessments resulting from compulsory Covid-19 quarantine, two were recognized as children after 20 days in closed detention centres.[136]

CERD refers to reports that non-citizens are overrepresented in the prison system in Belgium. However, there is no reliable data on the national or ethnic origin of the persons concerned, particularly with regard to the length of their imprisonment.[137]

Migration issues were one of the key themes of the 2018-2019 election campaign. A noteworthy aspect is a wave of conservatory rhetoric from representatives of right-wing parties and nationalist movements, not always in line with Belgian international obligations. Thus, for example, proposals were made on the immediate removal of all illegal migrants, on "clearance" of parks and railway stations, on granting migrants a "special status" that would allow them access to social welfare only after several years of stay in the country. Belgian human rights defenders criticized the discriminatory police instruction that appeared just prior to elections, calling on school administration to supply to the law enforcement authorities the records on "troubled" teens from migrant environment.

According to ECRI, the integration policy of the Belgian authorities also remains incomplete. By focusing on the acquisition by immigrants of certain skills, particularly language skills, and familiarization with the way of life of the host society, it does not encourage the development of cultural diversity among the population at large, nor does it seek to overcome existing discriminatory practices against migrants.[138]

The situation in the protection of the rights of the child is also far from being optimistic. The lack of access by the French-speaking minority to French-language education in the Brussels-Capital region; the risk of school dropout caused by the ban on wearing religious symbols in public educational establishments; irregular attendance at nursery school and regional and socioeconomic disparities; the lack of data on Roma children, including to evaluate the effectiveness of the measures taken to facilitate their access to education; the de facto segregation of children based on their social background and the difficulties faced in schools by children with disabilities[139] – this is by no means an exhaustive list of issues of concern to the monitoring bodies.

Thus, CRC pointed to the growing trend of radicalization of children and incitement to hatred. Instances of bullying and violence in schools, not only by students but also by teachers, are still widespread in the country. Prejudice and discrimination make it difficult for migrant minors to receive education.[140]

The health of children in Belgium is gradually deteriorating. CRC experts note that more and more children are exposed to stress, and the problem of suicide among minors is gaining more and more momentum. In this connection, it is pointed out that timely primary psychological aid, which is more effective in the initial stages of psychological problems, rather than common medical therapy and placement into psychiatric institutions, is insufficient.[141]

In addition, CRC noted that data on cases of child abuse, domestic violence, are underreported or under-recorded by the authorities, and also drew attention to the problem of sexual harassment in public places.[142]

For its part, CESCR reported concern about the number of children born to Belgian nationals who were still in conflict zones and about their conditions there, in the absence of a clear and fair established procedure for the repatriation of all such children, with respect for the principle of the best interests of the child.[143]

National and international human rights defenders express the opinion that Belgian authorities often go too far in their counter-terrorist activity, using issues of fighting terrorism and ensuring security as reasons for limiting freedom of expression and interference in privacy. In particular, there is criticism of the legislative practice of massive supplying by employees of social organizations of personal information about their supervisees to the law enforcement authorities. Data transfer is organized through the "Departments of integrated safety on the local level" created in every Belgian commune. These organizations, bringing together police officers, representatives of district administrations and social assistants, systemize, in particular, information on radicalized elements registered in the district. Human rights defenders insist that such a system might imply violations of Article 23 of the Belgian Constitution, which guarantees equal rights to social protection, access to health care and legal aid.

Since September 2017, social assistants have been obliged to report to the police about any suspicions concerning the relations of their clients with terrorists. But in March 2019 the Constitutional Court cancelled this norm as violating the right to privacy.

In 2019, the HRCttee criticized the lack of legal safeguards regarding data collection and processing procedures to prevent and combat terrorism and violent extremism, as well as the provisions of the Code of Belgian Nationality and the Consular Code allowing the deprivation of nationality of a person posing a serious threat to public order or security.

CAT noted with concern the introduction of new methods of investigating terrorism-related crimes, in particular the possibility of conducting round-the-clock searches and infiltration of civilians for undercover work. This also includes the use of the vaguely defined notion of "radicalization" in order to a) prevent terrorist threats through emergency measures and b) subject so-called "radicalized" prisoners to special security measures or place them in "D‑Rad:Ex" ("deradicalization") units with significant restrictions, no respect for the adversarial principle and the possibility of reviewing the decision.

In July 2021, an international journalistic investigation called "Pegasus Project" revealed that spyware developed by the Israeli NSO Group had been used to spy on Belgian citizens, activists and senior politicians.

The problem of systematic unlawful use by police officers of official databases for personal purposes also remains unresolved.

There have been frequent cases of abuse of power and use of excessive force by law enforcement officials, including when dispersing demonstrations and protests. For example, law-enforcement officers used special means, including water cannons and tear gas, against those protesting about coronavirus restrictions.[144] According to local media reports, one demonstrator blacked out during the unrest after being hit by a water cannon truck.[145]

HRCttee notes, in turn, the disparity between the number of complaints alleging ill-treatment by police officers filed with the Standing Committee for Police Monitoring and the number of judicial inquiries conducted by the Police Investigation Service for such acts and of convictions and disciplinary penalties handed down. In addition, experts also have persistent misgivings regarding the independence of the Standing Committee.[146]

One of the most acute problems of the Belgian justice system is the overcrowding of prisons. The sharpest criticism from independent experts is levelled primarily at prison overcrowding. For example, HRCttee pointed to this problem in 2019.[147]

According to the statistics published annually by the Council of Europe, Belgium regularly finds itself among the countries with the highest prison occupancy rates in Western Europe. In 2022, there were 108 prisoners per 100 prison places. In December 2021, the Antwerp prison with a capacity of 439 places held 748 inmates.

International experts in their reports draw the attention of official authorities to the insufficiency of alternatives to deprivation of liberty.[148] However, it should be noted that from the early 2000s the federal government has been trying to reduce the number of inmates. Under the current Cabinet of Charles Michel the goal was set to the Ministry of Justice to reduce the rate of persons serving sentences to 10,000. Attempts have been made to decrease this number by preventing offenses, rendering lesser sentences for low-level crimes (replacing imprisonment by house arrest with mandatory wearing of an electronic bracelet or by corrective labor). In November 2018, the Belgian minister of Justice, Koen Geens, declared that the goal was achieved and there were less than 10,000 persons detained in the prisons of Belgium. But, as of January 2019, this rate surpassed the established level again and amounted to 10,305 persons.

Another important problem of the penitentiary system in Belgium is the prohibition of carrying firearms for prison staff. Personnel are authorized to carry as equipment only batons, more rarely electric stunning devices, and radio sets. There is a special outfit in case of a prison riot, consisting of a protective suit and a shield. Usually, in the event of an emergency prison staff is charged to block all the exits and to wait for the armed police. All this leads to reduced safety levels in penitentiary facilities, increasing chances for inmates to escape. An illustrative case was reported from the prison near Ostend, when the accomplices of an inmate rented a helicopter in a private firm, flew in it to the prison and took him away directly from the exercise yard. Due to the lack of any defense means, security personnel were unable to act.

As demonstrated by the studies, most prison staff suffer from chronic diseases due to permanent stress, including neurotic disorders and, as a result, overweight. Strikes of prison staff requiring better working conditions are frequent in the Kingdom. In this regard, international monitoring bodies continue to point out to the authorities that such staff strikes have a very negative impact on the situation of prisoners.[149]

Other problems highlighted by experts include lack of access to health care and services for persons deprived of liberty and, at the same time, the use of overmedication in penitentiary facilities, the detention of persons with mental disorders in psychiatric wards of prisons, where the care is insufficient and appropriate treatment is lacking and high suicide rates in detention.[150]

There was a high-profile case of a Tunisian, N.Trabelsi,[151] whose extradition to the US was ruled illegal by the Brussels Court of Appeal on September 12, 2022. The Court found that the decision by the Belgian Ministry of Justice had violated the statutory principle non bis in idem. The victim is entitled to a payment of 10,000 euros for each year spent in a US prison (the total is close to 100,000 euros). The authorities have been instructed to advise Belgian participants in the US trial to refrain from testifying because they would otherwise facilitate the violation of the defendant's rights. In addition, according to the Court's appeal decision, the US Department of State must be requested to return N.Trabelsi to Belgium. The media have been drawing attention to the inhumane conditions of Trabelsi's detention – in a soundproofed, 24‑hour lighted cell with practically no contact with his family. As a result of his prolonged detention in such conditions, he has developed numerous chronic illnesses.

CERD has criticized the persistence of trafficking in persons and the significant increase, in recent years, in the number of cases that have been closed without referral to the prosecutor's office. There is a lack of both financial and human resources to effectively combat this phenomenon, including for the detection of specific cases and the protection of victims.[152]

A scandalous case generated wide coverage in Belgian media in July 2022 when over 150 people, mainly Filipinos and Bangladeshis, were used as forced labourers during the construction of the Borealis factory in Antwerp.

International monitoring bodies have also identified a number of problems in protecting the right of Belgian citizens to work. Thus, according to the HRCttee, the country has a very low employment rate for persons with disabilities in the private sector, the unemployment and underemployment of young people and people over 55 years of age. In addition, experts are concerned about: the termination of measures to promote employment for persons over 50 years of age; the disproportionate gap in the unemployment rate between different employment categories, according to the level of skill; and the lack of legal recognition for the right to strike.[153]

In addition, the CESCR identifies discrimination against women in the economic and social spheres as a concern, especially the persistent wage gap between men and women and the obstacles faced by women in gaining access to decision-making positions in the public and private sectors. There are also difficulties encountered by women, especially women with children, in accessing stable employment.[154]

According to a high-profile survey carried out by the University of Ghent in June 2022, 81 per cent of women and girls aged between 16 and 69 had experienced sexual violence in Belgium.

The number of victims admitted to the three centres specialized in the reception of victims of sexual violence decreased during the first lockdown (March and April 2020). According to a research conducted in February 2021, that was a decrease of 50 per cent compared with the same period in 2018 and 2019. The lockdown therefore was an obstacle to the provision of support services for victims.[155]

The international human rights community has expressed some concern about the situation of the independent work of the media in Belgium. According to "Reporters without Borders", Belgium is ranked 23rd in the press freedom index for 2022 (in 2021 it was 11th).

Since the start of Russia's special military operation to denazify and demilitarize Ukraine, Belgium has witnessed an increase in unfriendly attitudes towards citizens and natives of Russia. Some private entrepreneurs, for example, refuse to cooperate with Russian legal entities and individuals with no explanation. There have been cases when businesses used self-imposed restrictions on contacts with Russians for fear of being sanctioned.

Belgian authorities have suspended the issuance of tourist visas to Russian citizens.

Governments of certain Belgian regions also undertake discriminatory actions against Russian citizens. For example, such a decision was taken by the Flemish Government which closed the possibility for Russian applicants to participate in the Mastermind student exchange programme, which provides subsidies (up to 8,400 euros per academic year) to foreign undergraduate graduates who wish to upgrade their skills at master's level at Flemish universities. However, young people who are already in Flanders may continue their education. But the respective bodies will not consider new scholarship applications "until the end of the armed hostilities in Ukraine". This was announced by Minister of Education of Flanders, B.Veits, in his Twitter account.

Before February 2022, cases of discrimination against Russian compatriots were few, but no less xenophobic. The case of discrimination against the Russian citizen E.Tynyanskaya, a former citizen of Ukraine, seems unprecedented. E.Tynyanskaya, a native of the city of Sevastopol, had lived in Belgium since 2007. After recognition as a Russian citizen and obtaining a foreign passport as a Russian citizen in 2015, E.Tynyanskaya was deported.

The COVID-19 pandemic has exposed a number of flaws in the Belgian human rights record. The most vulnerable to the new disease have been older persons, who have often been denied medical care and institutionalization because they are less likely to recover. The guidelines issued by the Belgian Society for Gerontology and Geriatrics were subsequently amended to make it clear that patients should not be refused hospital admission on the grounds of their age.

Studies confirm that only about 19 per cent of people over 65 have been tested for COVID-19, while the figure for other age groups is about 24 per cent. In addition, older persons have difficulty in accessing medical advice. Only 13 per cent of people in this age group have been able to do so, compared to
28 to 29 per cent of those aged 25-44.

In such a situation, nursing homes accounted for 53 per cent of all deaths due to coronavirus. Following the publication of this data, the official Brussels stated that the statistics included all suspicious deaths and that COVID‑19 was actually confirmed in only 10 per cent of cases.

The pandemic has also put people with disabilities in a difficult situation. Physical distancing and other hygiene requirements, in particular, eventually affected the speed of school buses, so that children with disabilities had to spend up to five hours in them every day. The Flemish government is to be commended for having allocated two million euros to fund extra buses. In addition, the authorities in the same region temporarily granted a 25.5 per cent increase in benefits for people with disabilities. This measure was aimed at compensating additional costs incurred when care facilities were unavailable.[156]

At the end of March 2021, the Brussels Court of First Instance issued a decision obliging the Belgian State to lift the emergency measures taken in the face of the pandemic within 30 days. The Human Rights League had previously filed a lawsuit to challenge the extension of these measures until 1 April 2021 by a direct ministerial decree without sufficient legal justification. In support of its verdict, the court referred to Article 159 of the Belgian Constitution, according to which courts and tribunals apply rules only if they are consistent with the law. In its view, however, the suspension of classes in schools, restrictions on public and private gatherings, the closing of a number of institutions, and other similar steps taken by the government, and not by the country's legislature, are not consistent with the law on emergency situations with "requisitions or evacuation measure" invoked by the official authorities.[157]