Belgium

Summary of Domestic Prohibition

Slavery and slave trade

There appears to be no legislation in place in Belgium which prohibits slavery, although enslavement as part of a widespread or systematic attack directed against any civilian population is criminalised as a crime against humanity in article 136 ter of the Criminal Code. Sexual slavery as a war crime is also prohibited by article 136 quater.

Practices similar to slavery

There appears to be no legislation in place in Belgium which prohibits institutions and practices similar to slavery, although compelling marriage is criminalised by article 391 sexies of the Criminal code.

Servitude

There appears to be no legislation in place in Belgium which prohibits servitude.

Forced or compulsory labour

There appears to be no legislation in place in Belgium which prohibits forced labour, although article 433 ter of the Criminal Code prohibits forced begging and exploitation of begging.

Human trafficking

Provisions related to trafficking in persons are found in the Criminal Code at article 433 quinquies which prohibits trafficking in persons.

Forced marriage

Provisions related to forced marriage in Belgium are found in the Criminal Code, which addresses using violence or threats to compel someone to enter into a marriage or legal cohabitation at Article 391 sexies and septies, with a potential penalty of imprisonment from three months to five years and a fine from two hundred and fifty euros to five thousand euros. The attempt is punishable with a potential penalty of imprisonment from two months to three years and a fine of one hundred and twenty-five euros to two thousand five hundred euros. Article 265 also prohibits a civil registrar from celebrating a marriage without obtaining the necessary consent, with a potential fine of 26 to 500 euros.

Consent to marriage

Provisions requiring consent to marriage in Belgium are found in the Civil code, article 146 of which states that there is no marriage when there is no consent. Provisions requiring consent to marriage are also found under, article 146 of which states that there is no marriage either when this is contracted without the free consent of both spouses or the consent of less one of the spouses was given under violence or threat. A marriage without consent of the parties through coercion is an offence under section 265 of the Criminal code, with a potential penalty of 26-500 euros fine.

Servile marriage

There appears to be no legislation in Belgium that prohibits servile matrimonial transactions.

Marriage trafficking

There appears to be no legislation in Belgium that prohibits marriage trafficking.

Minimum age for marriage

The minimum age for marriage in Belgium is 18, without differentiation by gender, as set out on Article 144 of the 1804 Civil Code, as amended in 1990. Where marriages are conducted involving a person below the minimum age, the marriage may be voidable at the request of the spouses themselves, the public prosecutor or those who have an interest in it. There are no exceptions allowing marriage below this minimum age.

Region

Western Europe and Others

Regional Court

European Court of Human Rights

Legal System

Civil

International Instruments

1926 Slavery Convention
23 September 1927
1953 Protocol to the Slavery Convention
13 December 1962
1956 Supplementary Slavery Convention
13 December 1962
1966 ICCPR
21 April 1983
1930 Forced Labour Convention
20 January 1944
2014 Protocol to the 1930 Forced Labour Convention
10 September 2019
1957 Abolition of Forced Labour Convention
23 January 1961
1999 Worst Forms of Child Labour Convention
08 May 2002
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
11 August 2004
1998 Rome Statute of the ICC
28 June 2000
1956 Supplementary Slavery Convention
13 December 1962
1966 ICCPR
21 April 1983
1966 Optional Protocol to the ICCPR
17 May 1994
1966 ICESCR
21 April 1983
2008 Optional Protocol to the ICESCR
20 May 2014
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
16 December 1991
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
17 March 2006
2011 Optional Protocol to the CRC on a communications procedure
30 May 2014
1979 Convention on the Elimination of All Forms of Discrimination against Women
10 July 1985
1999 Optional Protocol to CEDAW
17 June 2004
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
11 August 2004
1998 Rome Statute of the ICC
28 June 2000
1999 Worst Forms of Child Labour Convention
08 May 2002

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Practices Similar to Slavery
  • Marriage Trafficking

Regional Organisations

  • European Court of Human Rights
  • Organanisation for Economic Cooperation and Development
  • Organisation for Security and Cooperation in Europe
  • European Union
  • Council of Europe

Legislative Provisions

CONSTITUTION OF BELGIUM 1831 (REV. 2014)

Article 12

The freedom of the individual is guaranteed.

No one can be prosecuted except in the cases provided for by the law, and in the form prescribed by the law.

Except in the case of a flagrant offence, no one can be arrested except on the strength of a reasoned judge’s order, which must be served at the time of arrest or at the latest within twenty-four hours.

Article 23

Everyone has the right to lead a life in keeping with human dignity.

To this end, the laws, federate laws and rules referred to in Article 134 guarantee economic, social and cultural rights, taking into account corresponding obligations, and determine the conditions for exercising them.

These rights include among others:

1°.the right to employment and to the free choice of an occupation within the context of a general employment policy, aimed among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair remuneration, as well as the right to information, consultation and collective negotiation;

2°.the right to social security, to health care and to social, medical and legal aid;

3°.the right to decent accommodation;

4°.the right to the protection of a healthy environment;

5°.the right to cultural and social fulfilment;

6°.the right to family allowances.

Constitution of Belgium 1831 (Rev. 2014) (PDF) 

CRIMINAL CODE

Article 136 ter

Crimes against humanity, as defined below, whether committed in peacetime or wartime, constitute crimes under international law and shall be punished in accordance with the provisions of this Title. In accordance with the Statute of the International Criminal Court, crimes against humanity shall mean any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, and with knowledge of the attack:

(3) enslavement

Article 136 quater

1. The war crimes enumerated below, as referred to in the Geneva Conventions of 12 August 1949 and in their First and Second Additional Protocols, adopted at Geneva on 8 June 1977, in the laws and customs applicable to armed conflict, as defined in article 2 of the Geneva Conventions of 12 August 1949, in article 1 of the First and Second Additional Protocols to these Conventions, adopted in Geneva on 8 June 1977, and in article 8, paragraph 2(f) of the Statute of the International Criminal Court, constitute crimes under international law and shall be punished in accordance with the provisions of this Title, without prejudice to the provisions of criminal law applicable to offences of negligence, if by the action or omission such crimes infringe the protection guaranteed to persons and property under the said Conventions, Protocols, laws and customs:

(4) committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the Geneva Conventions or a grave breach of article 3 common to these Conventions

Art. 265

Shall be punished with a fine of 26 – 500 euros:

A civil registrar who proceeds with the celebration of a marriage without having secured the necessary consents

Art 391 sexies

A person who, through violence or threats, has compelled someone to enter into a marriage shall be punished by imprisonment from three months to five years and a fine from two hundred and fifty euros to five thousand euros.

The attempt is punishable by imprisonment from two months to three years and a fine of one hundred and twenty five euros to two thousand five hundred euros.

Art. 391septies.

Any person who, through violence or threats, has compelled someone to contract legal cohabitation shall be punished by imprisonment of three months to five years and a fine of two hundred and fifty euros to five thousand euros.

The attempt shall be punished by imprisonment of two months to three years and a fine of one hundred twenty-five euros to two thousand five hundred euros.

Art. 391septies.

Any person who, through violence or threats, has compelled someone to contract legal cohabitation shall be punished by imprisonment of three months to five years and a fine of two hundred and fifty euros to five thousand euros.

The attempt shall be punished by imprisonment of two months to three years and a fine of one hundred twenty-five euros to two thousand five hundred euros.

Art. 433ter.

Shall be punished by imprisonment from six months to three years and a fine from five hundred euros to twenty-five thousand euros:

(1) whoever hires, drags, embezzles or retains a person for the purpose of begging, The aura prompted to beg or continue to do so, or have it placed at the disposal of a beggar so that he may use it to arouse public commiseration;

(2) whoever has, in any manner whatsoever, exploited the begging of others.

The attempt to commit the offenses referred to in paragraph 1 shall be punishable by imprisonment from one month to two years and a fine of one hundred euros to two thousand euros.

The fine will be applied as many times as there are victims.

Art. 433c.

The offense referred to in the first paragraph of Article 433ter shall be punishable by imprisonment from one year to five years and a fine from five hundred euros to fifty thousand euros if committed:

(1) to In respect of a minor;

(2) by abusing the situation of vulnerability in which a person is placed because of his illegal or precarious administrative situation, his precarious social situation, his age, a state of pregnancy, illness, Infirmity or physical or mental impairment in such a way that the person in fact has no other real and acceptable choice than to submit to such abuse;

(3) using, directly or indirectly, fraud, violence, threats, Any form of constraint.

The fine will be applied as many times as there are victims.

Art. 433 quinquies

§ 1. The offense of trafficking in persons constitutes the offense of recruiting, transporting, transferring, harboring, accommodating, taking or transferring control of a person

(1) for the purpose of exploiting Prostitution or other forms of sexual exploitation;

(2) for the purpose of exploiting begging;

(3) for work or service purposes, in conditions contrary to human dignity;

(4) for the purpose of harvesting organs in violation of the Act of 13 June 1986 on the removal and transplantation of organs or human body material in violation of the Law of 19 December 2008 on the procurement and the The use of human body material for human medical applications or for scientific research purposes;

Or (5) for the commission of a crime or offense by that person against his will.

Except in the case referred to in paragraph 5, the consent of the person referred to in paragraph 1 to the proposed or actual exploitation is irrelevant.

§ 2. The offense provided for in § 1 shall be punishable by imprisonment from one year to five years and a fine from five hundred euros to fifty thousand euros.

§ 3. The attempt to commit the offense referred to in § 1 shall be punished by imprisonment of one year to three years and a fine of one hundred euros to ten thousand euros.

§ 4. The fine shall be applied as many times as there are victims.

Art. 433sexies

The offense under section 433quinquies, § 1, shall be punished by imprisonment of five to ten years and a fine of seven hundred and fifty euros and seventy-five thousand euros when the offense was committed:

(1) by a person who has authority over the victim, or by a person who has abused the authority or facilities conferred on him by his duties;

(2) by an officer or a public officer, a depositary or a law enforcement officer acting in the exercise of his functions.

The fine will be applied as many times as there are victims.

Art. 433septies

The offense provided for in article 433 quinquies, § 1, shall be punishable by imprisonment from ten years to fifteen years and a fine from one thousand euros to one hundred thousand euros in

the following cases:

(1) where the offense has been committed against a minor;

(2) where it has been committed by abusing the situation of vulnerability in which a person is found by reason of his illegal or precarious administrative position, precarious social situation, age, pregnancy, Illness, infirmity or physical or mental impairment, in such a way that the person has in fact no other real and acceptable choice than to submit to such abuse;

(3) where it was committed by using, directly or indirectly, fraud, violence, threats or any form of coercion, or through abduction, abuse of authority or deception;

(3bis) where it has been committed by means of the offer or acceptance of payments or benefits of any kind in order to obtain the consent of a person having control over the victim;

(4) where the life of the victim has been endangered deliberately or by gross negligence;

(5) where the offense caused a seemingly incurable disease, permanent physical or psychological incapacity, complete loss of an organ or use of an organ, or serious mutilation;

(6) where the activity concerned constitutes a habitual activity;

(7) where it constitutes an act of participation in the principal or accessory activity of an association, whether or not the guilty party has the status of officer.

The fine will be applied as many times as there are victims.

Art. 433octies.

The offense provided for in article 433 quinquies, § 1, shall be punished by imprisonment from fifteen years to twenty years and a fine from one thousand euros to one hundred and fifty thousand euros in the following cases: (

1) where the offense has caused The death of the victim without intending to give it;

Or (2) where it constitutes an act of participation in the principal or accessory activity of a criminal organization, whether or not the offender has the status of officer.

The fine will be applied as many times as there are victims.

Art. In the cases referred to in Articles 433sexies, 433septies and 433octies, the guilty parties shall also be condemned to the prohibition of the rights set forth in the first paragraph of Article 31.

Without having regard to the status of the natural or legal person of the operator, owner, tenant or manager, the court may order the temporary or permanent closure, partial or total, of the undertaking in which the offense referred to in article 433 quinquies Was committed.

The special confiscation provided for in Article 42 (1) shall be applied to the perpetrators of the offense referred to in article 433 quinquies, even where the property of the things to which it relates does not belong to the convicted person, Without such confiscation being prejudicial to the rights of third parties over the property liable to be the subject of confiscation. It must also be applied, in the same circumstances, to the personal property, the part of it, the immovable property, the room or any other space. It may also be applied to the value of such immovables or immovables alienated between the commission of the offense and the final judicial decision.

In the event of seizure of immovable property, the procedure is carried out in accordance with the formalities of article 35bis of the Code of Criminal Procedure. It may also be applied to the value of such immovables or immovables alienated between the commission of the offense and the final judicial decision. In the event of seizure of immovable property, the procedure is carried out in accordance with the formalities of article 35bis of the Code of Criminal Procedure. It may also be applied to the value of such immovables or immovables alienated between the commission of the offense and the final judicial decision. In the event of seizure of immovable property, the procedure is carried out in accordance with the formalities of article 35bis of the Code of Criminal Procedure.

Art. 433novies/2.

Whoever removes an organ from a person shall be punished by imprisonment for five to ten years and a fine of seven hundred and fifty euros to seventy-five thousand euros in the following cases:

1° when the removal is carried out on a living person without his/her free, informed and specific consent, or when the removal is carried out on a deceased person in violation of the conditions of consent or opposition provided for by law;

2° when, in exchange for the removal of the organ, that person or a third party has been offered, offered, promised or obtained a profit or comparable advantage, directly or indirectly, even if the person has consented to the removal;

3° where the removal is carried out by a person not authorized by law or outside a care institution authorized by law.

No “profit or comparable advantage” within the meaning of paragraph 1, subparagraph 2 is constituted:

1° the compensation of direct and indirect expenses, as provided for by article 4, § 2, of the Law of 13 June 1986 on organ removal and transplantation, and by article 6, § 2, of the Law of 19 December 2008 on the obtaining and use of human body material intended for human medical applications or for scientific research purposes;

2° compensation for loss of income related to organ donation.

Art. 433novies/3. 

Anyone will be punished by imprisonment from five to ten years and a fine from seven hundred and fifty euros to seventy-five thousand euros:

1° transplants to a person an organ removed in violation of Article 433novies/2 or removed in another State under the conditions referred to in the aforementioned Article, or uses such an organ for purposes other than transplantation, with full knowledge of the facts;

2° transplanting an organ to a person without being authorised by law or outside a care establishment authorised by law.

Organs removed in Belgium or in another Member State of the European Union are presumed not to have been removed in violation of Article 433novies/2 or under the conditions referred to in the aforementioned article, until proof to the contrary, if they have been allocated by a non-profit organisation, public or private, dedicated to national and cross-border exchanges of organs

Art. 433novies/4.

Anyone who, with full knowledge of the facts, is found guilty of an offence shall be punished by imprisonment for five to ten years and a fine of seven hundred and fifty euros to seventy-five thousand euros:

1° prepares, preserves, stores, transports, transfers, receives or exports an organ removed in breach of Article 433novies/2 or removed in another State under the conditions referred to in Article 433novies/2;

2° imports or causes to transit an organ removed in another State under the conditions referred to in Article 433novies/2.

Organs removed in Belgium or in another Member State of the European Union are presumed not to have been removed in violation of Article 433novies/2 or under the conditions referred to in the aforementioned Article, until proof to the contrary, if they have been allocated by a non-profit organisation, public or private, dedicated to national and cross-border exchanges of organs.

Criminal Code (PDF)

LAW OF 15 DECEMBER 1980 ON ACCESS TO THE TERRITORY, RESIDENCE, ESTABLISHMENT AND REMOVAL OF ALIENS

Art. 77bis.

The offense of trafficking in human beings is to contribute in any way, directly or through an intermediary, to the entry, transit or residence of a person who is not a national of Member State of the European Union on or through the territory of such a State or of a State party to an international convention on the crossing of external borders which binds Belgium in breach of the law of that To obtain, directly or indirectly, a patrimonial advantage.

The offense provided for in the first paragraph shall be punishable by imprisonment from one year to five years and a fine of five hundred euros to fifty thousand euros.

The attempt to commit the offense referred to in sub – Paragraph 1 shall be punished by imprisonment of one year to three years and a fine of one hundred euros to ten thousand euros.

The fine will be applied as many times as there are victims.

Art. 77ter.

The offense provided for in article 77bis shall be punishable by imprisonment from five years to ten years and a fine of seven hundred and fifty euros to seventy-five thousand euros if committed:

(1) by a person who has Authority over the victim, or by a person who has abused the authority or facilities conferred on him by his functions;

(2) by an officer or a public officer, a depositary or a law enforcement officer acting in the exercise of his functions.

The fine will be applied as many times as there are victims.

Art. 77quater.

The offense provided for in article 77bis shall be punishable by imprisonment from ten years to fifteen years and a fine of from one thousand euros to one hundred thousand euros in

the following cases:

(1) where the offense has been committed against a minor;

(2) where it has been committed by abusing the situation of vulnerability in which a person is found by reason of his illegal or precarious administrative position, precarious social situation, age, pregnancy, Illness, infirmity or physical or mental impairment, in such a way that the person has in fact no other real and acceptable choice than to submit to such abuse;

(3) where it was committed by using, directly or indirectly, fraudulent maneuvers, Violence, threats or any form of coercion;

(4) where the life of the victim has been endangered deliberately or by gross negligence;

(5) where the offense caused a seemingly incurable disease, permanent physical or psychological incapacity, complete loss of an organ or use of an organ, or serious mutilation;

(6) where the activity concerned constitutes a habitual activity;

(7) where it constitutes an act of participation in the principal or accessory activity of an association, whether or not the guilty party has the status of officer.

The fine will be applied as many times as there are victims. (4) where the life of the victim has been endangered deliberately or by gross negligence; (5) where the offense caused a seemingly incurable disease, permanent physical or psychological incapacity, complete loss of an organ or use of an organ, or serious mutilation; (6) where the activity concerned constitutes a habitual activity; (7) where it constitutes an act of participation in the principal or accessory activity of an association, whether or not the guilty party has the status of officer. The fine will be applied as many times as there are victims. (4) where the life of the victim has been endangered deliberately or by gross negligence; (5) where the offense caused a seemingly incurable disease, permanent physical or psychological incapacity, complete loss of an organ or use of an organ, or serious mutilation; (6) where the activity concerned constitutes a habitual activity; (7) where it constitutes an act of participation in the principal or accessory activity of an association, whether or not the guilty party has the status of officer. The fine will be applied as many times as there are victims. The complete loss of an organ or the use of an organ, or serious mutilation; (6) where the activity concerned constitutes a habitual activity; (7) where it constitutes an act of participation in the principal or accessory activity of an association, whether or not the guilty party has the status of officer. The fine will be applied as many times as there are victims. The complete loss of an organ or the use of an organ, or serious mutilation; (6) where the activity concerned constitutes a habitual activity; (7) where it constitutes an act of participation in the principal or accessory activity of an association, whether or not the guilty party has the status of officer. The fine will be applied as many times as there are victims.

Art. 77quinquies.

The offense provided for in Article 77bis shall be punishable by imprisonment from fifteen years to twenty years and a fine from one thousand euros to one hundred and fifty thousand euros in the following cases: (

1) where the offense caused the death of the Victim without intending to give it;

Or (2) where it constitutes an act of participation in the principal or accessory activity of a criminal organization, whether or not the offender has the status of officer.

The fine will be applied as many times as there are victims.

Art. 77sexies.

In the cases referred to in Articles 77ter, 77quater and 77quinquies, the guilty parties shall also be ordered to prohibit the rights set forth in Article 31 of the Criminal Code.

The special confiscation provided for in article 42, paragraph 1, of the Penal Code is applied to those guilty of the offenses referred to in articles 77bis to 77quinquies, even where the property of the things to which it relates does not belong to the convicted person, Confiscation may however prejudice the rights of third parties over the property liable to be confiscated.

CRIMINAL CODE 1967 (REV 2016)

Art. 265

Shall be punished with a fine of 26 – 500 euros:

A civil registrar who proceeds with the celebration of a marriage without having secured the necessary consents

Art 391 sexies

A person who, through violence or threats, has compelled someone to enter into a marriage shall be punished by imprisonment from three months to five years and a fine from two hundred and fifty euros to five thousand euros.

The attempt is punishable by imprisonment from two months to three years and a fine of one hundred and twenty five euros to two thousand five hundred euros.

Art. 391septies.

Any person who, through violence or threats, has compelled someone to contract legal cohabitation shall be punished by imprisonment of three months to five years and a fine of two hundred and fifty euros to five thousand euros.

The attempt shall be punished by imprisonment of two months to three years and a fine of one hundred twenty-five euros to two thousand five hundred euros

 

Belgium Criminal Code 1867 (REV 2016) – French (PDF)

CIVIL CODE

Article 144

No one can contract marriage before the age of eighteen.

Article 145

The [1 family] 1 court may, for serious reasons, lift the prohibition on the previous article. [The request is made by request either by the father and mother, or by one of them, or by the tutor, or by the minor in the absence of the consent of the parents or the tutor.]

The procedure is introduced on a fixed day. The court rules in the fortnight, the father and mother [or the guardian], the minor and the future spouse summoned and the public prosecutor heard.

The appeal must be lodged [within a week of notification by judicial fold of the judgment] and the [1 chamber of the family of the court of appeal] 1 decision in the fortnight. [The judgment is also communicated by the clerk to the competent public prosecutor.] Neither the judgment nor the judgment is open to opposition.

 

Article 146

There is no marriage when there is no consent.

 

Artilce 146ter

There is no marriage either when this is contracted without the free consent [ 1 of both spouses or the consent] 1 of less one of the spouses was given under violence or threat.

 

Article 148

A minor cannot contract marriage without the consent of his father and mother.

This consent is recorded by the court [ 2 of the family] 2 seized of the request for exemption from age.

If the father and mother refuse their consent, the court can authorize the marriage if it considers the refusal to be unreasonable.

If one of the father and mother refuses his consent, the court may authorize the marriage if it considers the refusal not to be based. The father and mother who does not appear is considered not to have consented to the marriage.

If one of the father and mother is [ 1 unable or unable to express] 1 his will and the other refuses his consent, the court may authorize the marriage if it considers the refusal to be unreasonable.

If the father and mother are both unable [ 1 or unable to express] 1 their will or not not appear, the marriage may be authorized by the court.

Article 184

Any marriage contracted in contravention of [the provisions contained in Articles 144, 146bis, 146ter, 147, 161, 162, 163, 341 or 353-13,] can be attacked either by the spouses themselves, either by all those who have an interest in it, or by the public prosecutor.

[ 1 The public prosecutor pursues the nullity of any marriage contracted in violation of articles 146bis or 146ter.] 1

 

Article 185

However, the marriage contracted by one or more minor spouses who have not received authorization from the [ 1 family] court 1 to contract marriage can no longer be attacked when it is six months have elapsed since that spouse or spouses reached the age of eighteen.

 

Article 203

1. The father and mother are required to assume, in proportion to their faculties, accommodation, the maintenance, health, supervision, education, training and development of their children. If the training is not completed, the obligation continues after the child comes of age.

2. By faculties, one understands in particular all the professional income, movable and immovable of the father and mother, as well as all the advantages and other means which ensure their standard of living and that of the children.

3. Within the limit of what he has collected in the estate of the predeceased spouse and the advantages that the latter would have consented to him by marriage contract, gift or will, the surviving spouse is bound by the obligation established in paragraph 1 towards the children of the predeceased person of whom he is not himself the father or mother.] 1

[ 2 This obligation is null and void with regard to a child who is unworthy of inheriting from the predeceased spouse. The judge suspends its pronouncement until the decision causing the indignity has become final