Current Version
| Region | Belgium |
| Issue | Hate crime protections |
| Status | Sexual orientation and gender identity |
| Start Date | Dec 31, 2022 |
| End Date | (none) |
| Description | Art. 78ter. (L 2022-12-06/02, art. 26, 152; Effective as of: 12/31/2022) [1 The discriminatory motive of the perpetrator is an aggravating factor for all offenses except in cases where the law makes the discriminatory motive an aggravating circumstance. An offense is deemed to have been committed with a discriminatory motive when one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, color of skin, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, a physical or genetic characteristic or of its social origin and condition, whether this characteristic is actually present or only assumed by the perpetrator to be present. |
| Sources | https://hatecrime.osce.org/hate-crime-legislation-belgium |
Revision History (1)
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Dec 31, 2022 |
| End Date | (none) |
| Description | Art. 78ter. (L 2022-12-06/02, art. 26, 152; Effective as of: 12/31/2022) [1 The discriminatory motive of the perpetrator is an aggravating factor for all offenses except in cases where the law makes the discriminatory motive an aggravating circumstance. An offense is deemed to have been committed with a discriminatory motive when one of the motives of the perpetrator is hatred, contempt or hostility towards a person because of their alleged race, color of skin, ancestry, national or ethnic origin, nationality, sex, pregnancy, childbirth, breastfeeding, medically assisted procreation, parenthood, alleged sex change, gender identity, gender expression, sexual characteristics, sexual orientation, marital status, birth, age, heritage, religious or philosophical conviction, state of health, a disability, language, political conviction, trade union membership, a physical or genetic characteristic or of its social origin and condition, whether this characteristic is actually present or only assumed by the perpetrator to be present. |
| Sources | https://hatecrime.osce.org/hate-crime-legislation-belgium |