Legislative and policy framework

Belgium has extensive policy experience in gender equality. Since the 1980s, it has implemented legal measures to promote gender equality and equal opportunities at the federal and regional levels, in both the public and private sectors. After the adoption of a law to monitor the application of the Beijing Declaration and Platform for Action in 1996, and the introduction of pilot projects in all federal ministries, the overall legal framework for gender mainstreaming at the federal level was established in 2007 through the Gender Mainstreaming Law.[1] Similar legal obligations (Walloon Region, French-speaking Community, Brussels-Capital Region) or mechanisms (Flanders) exist at regional and community levels. In February 2002, the Belgian Constitution was amended to include a specific provision affirming the principle of equality between women and men in Article 10.

Along with the Gender Mainstreaming Law, the Gender Act functions as an essential piece of legislation that regulates gender-related policy at the federal level. The Gender Act was adopted federally in 2007 (alongside the related general Anti-discrimination Federal Act and the Racial Equality Federal Act). It aims to combat discrimination between women and men (thereby implementing EU legislation) and prohibits every form of discrimination based on gender, change of gender, gender identity, gender expression, pregnancy, childbirth and motherhood.

Belgium does not have a federal strategy or action plan on gender equality. However, the country adopted a federal plan on gender mainstreaming (plan fédéral gender mainstreaming) in 2012. The third edition (2020–2024) of the plan,[2] was developed by the Interdepartmental Coordination Group (ICG), established under Article 6 of the Gender Mainstreaming Law of 12 January 2007. The current plan emphasises gender equality policies to address structural and historical imbalances, with strengthened monitoring mechanisms.[3]

Objectives of the federal plan on gender mainstreaming

  • Implementing gender mainstreaming as an approach to substantially increasing equality between women and men in society.
  • Considering the gender dimension in an effective manner in the preparation and execution of policies and ensuring that the secretary of state in charge of gender equality policy acts as a central coordination point and engages in follow-up.
  • Paying particular attention to the completion of the regulatory impact assessments required under the law of 15 December 2013, which contains various provisions on administrative simplification.
  • Promoting and supporting the operation of the ICG, the body responsible for coordinating the implementation of the plan.
  • Organising gender mainstreaming training in strategic units.

The 2020–2024 federal plan on gender mainstreaming encompasses 186 policy measures covering all policy areas of the federal government and is structured based on far-reaching measures to be undertaken by each ministry.[4] The Council of Ministers monitors progress on these measures every six months, and reports are submitted to parliament, as provided for by the law. Belgium has several other policies to promote gender equality in a range of sectors.

Structures

Governmental gender equality body

The Institute for the Equality of Women and Men (Institut pour l’égalité des femmes et des hommes) is the permanent government body responsible for gender equality. It was established in 2002 as a semi-independent equality body. In accordance with Article 4 of the law of 16 December creating the body, it has two distinct missions: it operates under ministerial control from an administrative perspective and implements government policies, but it remains autonomous with respect to legal action and the provision of advice to government and other public authorities. As a semi-independent entity, it is both a government structure and an equality body.

Its mandate is strictly focused on gender equality. Article 5 of the law of 16 December 2002 states that ‘the Institute is responsible for preparing and implementing government decisions and monitoring European and international policies on gender equality. It carries out these missions and operates under the authority of the minister in charge of gender equality policy.[5]

Functions of the Institute for the Equality of Women and Men

  • Preparing and implementing government decisions.
  • Monitoring European and international policies on gender equality.
  • Coordinating efforts against gender-based violence.
  • Implementing gender mainstreaming at the federal level.
  • Monitoring policies on gender equality relating to employment and decision-making in particular.

The institute also provides structural support to women’s organisations and feminist associations under the Secretary of State for Gender Equality, Equal Opportunities and Diversity.

In the 2024 budget, the institute received EUR 21 588 486 (including administrative and general operating costs). The institute has 51 employees dedicated to equality-related activities.

The second key body responsible for promoting gender equality is the ICG. The ICG is responsible for coordinating the implementation of the federal plan on gender mainstreaming. A first royal decree (2010) determined the composition, remit and functioning of the ICG and the necessary qualifications its members must hold. The ICG comprises representatives of the federal, community and regional departments concerned, based on their expertise and qualifications in gender mainstreaming. It is chaired by the Director of the Institute for the Equality of Women and Men, who also acts as its secretariat. By virtue of its composition, the group requires the direct involvement of political actors and establishes links between the political and administrative levels. It also facilitates the exchange of good practices among governmental entities. The ICG, a steering committee involving the federal, community and regional offices concerned, and groups of experts participate in the coordination and monitoring of the 2021–2025 national action plan to combat gender-based violence.

Finally, the Federal Council for Equal Opportunities between Men and Women has served as a federal advisory body for ministries and other organisations, such as the National Labour Council, since 1993. It draws up reports, conducts research, proposes measures, formulates opinions and provides information on equal opportunity policy at the request of the competent minister for equal opportunities, other federal ministers, organisations, individuals and groups or on its own initiative.

In addition to the institute’s staff, 38 employees are assigned to supporting gender mainstreaming across all government departments and ministries of the federal entities.

Independent gender equality body

The Institute for the Equality of Women and Men also acts as the permanent independent body responsible for gender equality. The institute can write independent reports on gender discrimination within the jurisdiction of the entities concerned and provide them with opinions and recommendations on gender equality. It has signed protocols of collaboration with the French-speaking Community (2008), the Walloon Region (2009), the French Community Commission (2013), the Brussels-Capital Region (2016) and the German-speaking Community (2016).

Functions of the Institute for the Equality of Women and Men as an independent body

  • Preventing discrimination, promoting equality and awareness raising.
  • Providing assistance to victims.
  • Formally investigating complaints and participating in related litigation.
  • Cooperating with EU, international and national bodies.
  • Cooperating with civil society.
  • Consulting and making recommendations.

In terms of reporting requirements, Article 12 of the law of 16 December 2002 states: ‘The Institute shall submit an annual detailed report on the execution of its mission to the minister responsible for gender equality policy. The latter shall forward this report to the federal legislative chambers.’ The institute also submits a biannual report on the federal plan on gender mainstreaming to the Council of Ministers.

In 2024, in its capacity as an independent body, the institute received a budget of EUR 14 392 324.

Parliamentary body

The legislative body responsible for gender equality legislation at the federal level is the Commission on Health and Equal Opportunities.[6] Like other commissions, the Commission on Health and Equal Opportunities discusses, reviews, amends and votes on bills and proposals, in its case including those related to women’s rights and gender equality. A report on the discussion and the text adopted by the commission are then presented to the parliamentary plenary session. In addition to preparing legislative work, the commission monitors the government’s actions by posing questions in parliament about its gender-equality-related initiatives.

Regional structure

Gender equality policy is implemented by both federal and federated authorities in Belgium, as per their respective domains of competence and governance levels. In Belgium, communities and regions have the same legal powers and competences as the federal authorities, and, as such, regional decrees and ordinances have the same value as laws passed at the federal level. Therefore, in addition to gender mainstreaming at the federal level, state authorities have administrations responsible for implementing gender equality policies under the authority of a minister.

This means that regions and communities can work to progress gender equality in all fields of their legal competence. Regions and communities may therefore have their own gender equality bodies.

Consultation with civil society

Women’s organisations and feminist associations (subsidised by all levels of government: federal, regional and local) and, more broadly, civil society, are widely consulted by the authorities on many issues relating to gender equality and tackling violence against women. Civil society groups were consulted as part of the development of the federal plan on gender mainstreaming and participated in formal consultations on the development and monitoring of the 2020–2025 national action plan to combat gender-based violence. Women’s organisations and feminist associations also participate in conferences and are among the main target audiences for information and publications on gender equality issued by the authorities.

In 2023, the Institute for the Equality of Women and Men distributed EUR 1 509 000 as structural subsidies to organisations promoting gender equality.

Three councils are active in the area of gender equality: the Federal Council for Equal Opportunities between Men and Women, the Walloon Council for Equality between Men and Women and the Brussels Council for Equality between Women and Men.[7] The councils include representatives of civil-society organisations and have issued numerous analysis documents on gender equality and gender mainstreaming in recent years. Moreover, the Advisory Council on Gender and Development was created in April 2014 to provide expertise in, debate and advise on gender mainstreaming in development cooperation.[8]

The social partners are formally involved in efforts towards gender equality through the Federal Council for Equal Opportunities at the federal level and through one-off projects.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Belgium.

Gender impact assessment

Belgium has a legal obligation to undertake an ex ante gender impact assessment when drafting laws or policies. Article 3 of the Gender Mainstreaming Law calls for the implementation of a ‘gender test’ for all laws and regulations. This provision was executed with the adoption of the Regulatory Impact Assessment Law (law of 15 December 2013 and royal decree of 21 December 2013).[9] This gender test is mandatory for all legislative proposals submitted to the Council of Ministers. Specifically, there is a series of open questions on the differences between women and men regarding the content of the policy regulated by the law. With the adoption of the Regulatory Impact Assessment Law for all new regulations submitted to the Council of Ministers, Belgium has made significant progress in improving the quality of government regulation through administrative simplification.

Gender budgeting

Belgium has a legal obligation to undertake gender budgeting. The Gender Mainstreaming Law explicitly requires that the preparatory work on budgets incorporate a gender perspective. Article 2, Section 2, of the law requires that a ‘gender note’ be written, enumerating the budget being allocated to promote the equality of women and men. This is also required by the Circular on Gender Budgeting adopted in 2010.

The circular implemented a procedure[10] that involves categorising the budgetary allocations of the federal administrations according to whether they concern internal functioning or do not have a gender dimension (category 1); specifically aim to achieve equality between women and men (category 2); or concern a public policy and have a gender dimension (category 3). Funds that fall into category 3 are subject to a ‘gender comment’ on how the gender dimension is or will be considered. An evaluation is carried out every two years. Gender budgeting represents an important tool for gender mainstreaming, and each administration prepares a contribution to the gender note.

Training and awareness-raising

One of the main objectives of the federal plan on gender mainstreaming is the organisation of gender mainstreaming training in strategic units. The Institute for the Equality of Women and Men provides basic training on gender equality and discrimination to all new members then continually builds upon it. For members of the ICG (including representatives of all federal public services), the first royal decree (2010) requires the organisation of training.[11] However, training for other ministries and departments is still conducted on an ad hoc basis.

Federal authorities have also developed specific tools for gender-neutral communications, and the Federal Public Service Chancellery of the Prime Minister, which is responsible for the federal government’s external communications, has paid particular attention to gender equality in communications, having made this one of its priorities since 2014. For example, the Institute for the Equality of Women and Men has published a practical guide, Integrating the Gender Dimension into Federal Communication.[12]

Gender statistics

The Gender Mainstreaming Law covers the use and dissemination of gender statistics. Article 4 of the law provides that all federal agencies must ‘ensure that all the statistics they produce, collect and order in their field of action are disaggregated by sex, whether or not it is relevant’. Article 3 of the law also provides that each minister must ‘approve the relevant gender indicators to measure the process of gender mainstreaming and the achievement of strategic objectives’. Most datasets are available through Statbel, the Belgian statistical office, and are therefore disaggregated by sex. However, there is no section on the website that brings together gender-related statistics, which hinders the dissemination of these statistics.

Gender statistics are disseminated regularly through the Institute for the Equality of Women and Men, which issues press releases and has published three editions of the report Women and Men in Belgium: Statistics and gender indicators,[13] in 2006, 2011 and 2020. It provides an overview of the main gender indicators and statistics, divided into thematic chapters.

Monitoring progress

Belgium’s institutional mechanisms for gender equality and gender mainstreaming stand above the EU average and show progress compared with 2021. 

Explore Belgium’s scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action:

Belgium: Institutional mechanisms for gender equality and gender mainstreaming

References