Implementation of central concepts

• Author: Nathalie Wuiame
• Pages: 8-18

8

3Implementation of central concepts

3.1General (legal) context

3.1.1Surveys on the definition, implementation and limits of central concepts of gender

equality law

A report drafted in 2016 on the implementation of the Gender Act was published by the

Institute for the Equality of Women and Men in 2018.2 The report was part of a

comprehensive evaluation of the three discrimination laws adopted in 2007 as required by

the laws themselves,3which also require an independent evaluation of the fight against

discrimination led by a specific commission.4

The 2016 evaluation questioned the effect of the different acts on the actors and their

behaviours: do the acts contribute to ensuringrespect of the principle of non-

discrimination and do they guarantee better protection against discrimination for

individuals?

A common feature emerging from the two evaluation reports is that this set of laws

represents a major step forward in the fight against discrimination through the adoption

of protectionmechanisms (such as ‘l’action en cessation’–legal application for an

injunction). Equally, such laws are in themselves important in signalling that discrimination

should be erased from our practices (pedagogical role). However, women in particular are

still facing discrimination in various forms and although the number of complaints to and

requests for information from the Institute for the Equality of Women and Men is

continuously increasing, those represent only the top of the iceberg.

Specific examples of difficulties highlighted in the evaluations will be further considered in

this report under relevant headings. It should be noted though that both reports point to

the absence of implementing royal decrees (i.e. exceptions to allowservices or goods

provided only to same-sex persons) and to the difficulties generated by this absence (legal

uncertainty in particular). The difficulty in tacklingmultiple discrimination (or

intersectionality) within the current legal framework is also a concern.

3.1.2Other issues

Nothing to report.

3.1.3General overview of national acts

-Act of 10 May 2007 aimed at combating discrimination between women and men,

usually known as the Gender Act;

-Working Conditions Act of 16 March 1971 providing measures relating to maternity

protection;

-Well-Being at Work Act of 4 August 1996;

-Act of 22 April 2012 aimed at combating the pay gap between men and women, as

amended by the Act of 12 July 2013;

2Institute for the Equality of Women and Men (2018), Appraisal of the implementation and effectiveness of

the gender law, (Etat des lieux sur l’application et l’effectivité de la loi genre), available at https://igvm-

iefh.belgium.be/fr/publications/etat_des_lieux_sur_lapplication_et_leffectivite_de_la_loi_genre.

3Article 52 of the Discrimination Act provides that an evaluation of the implementation and effectiveness of

the three antidiscrimination laws should be performed every five years.

4Evaluation Commission of the federal law aiming at fighting discrimination (2017), First evaluation report,

February 2017 (Commission d’évaluation de la législation fédérale relative à la lutte contre les

discriminations, Premier rapport d’évaluation), report available at:

www.unia.be/files/Documenten/Aanbevelingen-

advies/Commission_d́valuation_de_la_ĺgislation_f́d́rale_relative_̀_la_lutte_contre_les_discriminations.

pdf).