LGBT rights in Belgium | |
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Location of Belgium (dark green)
– in Europe (light green & dark grey) |
|
Same-sex sexual activity legal? | Legal since 1795, equal age of consent |
Gender identity/expression | Transgender persons allowed to change legal gender under certain conditions since 2007 |
Military service | Gays and lesbians allowed to serve openly |
Discrimination protections | Sexual orientation and gender identity protections (see below) |
Family rights | |
Recognition of relationships |
Statutory Cohabitation since 2000 Same-sex marriage since 2003 |
Adoption | Same-sex couples have equal adoption rights as opposite-sex couples since 2006 |
– in Europe (light green & dark grey)
– in the European Union (light green) – [Legend]
Lesbian, gay, bisexual, transgender (LGBT) rights in Belgium have been seen as some of the most progressive in Europe and in the world. Same-sex sexual activity was legalized in 1795, with an equal age of consent, except from 1965 until 1985. After granting same-sex couples domestic partnership benefits in 2000, Belgium became the second country in the world to legalize same-sex marriage in 2003. Same-sex adoption was completely legalized in 2006 and is equalized with that of opposite-sex adoption. Lesbian couples can get access to IVF as well. Discrimination protections based on sexual orientation in employment, housing, and public and private accommodations have also been enacted since 2003 and on gender identity/expression since 2014. Transgender people have been allowed to change their legal gender under certain circumstances since 2007.
Belgium has frequently been officially referred to as one of the most gay friendly countries in the world, with recent polls indicating that a majority of Belgians support same-sex marriage and adoption. The previous Prime Minister of Belgium, Elio Di Rupo, is an openly gay man and was one of the only three Prime Ministers in the world to identify as LGBT. Pascal Smet, the former Flemish Minister of Education (in the Peeters II Government) and current Brussels minister, is also openly gay.
Same-sex sexual activity has been legal since 1795 (when the country was a French possession). Article 372 of the Penal Code sets the age of consent to 16, regardless of sexual orientation and/or gender. This was briefly increased to 18 for same-sex sexual activity between 1965 and 1985 by the addition and later repeal of article 372bis to the Penal Code. It was inserted by an amendment of MP Freddy Terwagne () to the law of 8 April 1965 on youth protection. A bill submitted in June 1982 by MP Luc Van den Bossche to repeal the article was approved by the Chamber of Representatives on 13 May 1983. The Senate eventually concurred in June 1985; article 372bis was thus repealed by the law of 18 June 1985.