A historic step forward in the fight against gender-based violence

Parliament today approved the draft law on preventing, better protecting and combating feminicide, gender-based killing and the violence that precedes it. The law defines the concept of feminicide, allows for the collection of statistical data, establishes a scientific committee to analyse feminicide and gender-based killings, and provides for the use of risk assessment and management tools. The law also improves the rights and protection of victims and provides better training for the police and judiciary. This law is unique in Europe and marks a historic moment in the fight against gender-based violence in Belgium. The law is the result of close cooperation between Secretary of State for Gender Equality Marie-Colline Leroy and her predecessor Sarah Schlitz, Minister of Justice Vincent Van Quickenborne and Minister of the Interior Annelies Verlinden, and was drawn up in consultation with people working in the field.

The law includes numerous definitions, both of feminicide itself and of the violence that precedes it, such as sexual violence, psychological violence or coercion and control. In the absence of definitions and therefore of official figures, it has been difficult to have an overview of the problem and thus to adapt and monitor policies accordingly.

Four different categories of deaths emerge: intimate feminicide (e.g. by a partner), non-intimate feminicide (e.g. a prostitute killed by a client), indirect feminicide (e.g. death following a forced abortion or female genital mutilation) and gender-based killing (e.g. a transgender person or cisgender man dying as a result of partner violence). These definitions, as well as any definitions of the violence that may have preceded such a killing, are important for any future initiatives to implement or further develop the law on feminicide.

Data collection and two publications:

- An annual report with key statistics on feminicide, characteristics of victims, perpetrators and victim-offender relationships.

- A biennial qualitative report on feminicide and gender-related killings, highlighting the incidence, number of convictions and effectiveness of measures taken to implement the Istanbul Convention.

The aim is to understand the extent of the problem and its characteristics in order to draw the necessary lessons to strengthen the prevention of feminicide. The Institute for the Equality of Women and Men will be responsible for this reporting task and will publish these publications on its website for all to see.

An interdisciplinary scientific committee will be set up to analyse feminicide and gender-based killings. The committee will analyse individual cases and make general recommendations that will hopefully prevent other feminicides or gender-related killings.

The victims of violence are at the centre of the text. They are given a series of guarantees regarding the conditions under which they are questioned by the police (language, choice of the sex of the interrogator if possible, discretion, information on protective measures, etc.). In addition, a risk assessment is carried out at each stage and risk management is provided for, so that the police can take protective measures, such as a restraining order or an anti-stalking alert, taking into account the victim's vulnerability.

Finally, the law requires that training for police officers and magistrates pay special attention to feminicide and the cycle of violence that precedes it. Magistrates already trained in gender-based violence will be able to follow a specific module on this new law.

The law is the implementation of several measures included in the National Action Plan to Combat Gender-based Violence (NAP 2021-2025) and is partly the result of years of mobilisation by women's organisations.

Since the beginning of 2023, the Stop Feminicide blog has counted 17 feminicides based on press articles. For Marie-Colline Leroy, Secretary of State for Gender Equality: "Every tragedy reminds us of the urgent need to act. Feminicide and gendercide are the most extreme forms of gender-based violence. This new legal framework strengthens our capacity to identify risks of gender-based violence and feminicide, to better monitor and respond to feminicide, and to better protect victims of violence. This law demonstrates the government's determination to make the fight against gender-based violence a top priority. It puts our country at the forefront of preventing and combating feminicide. I also thank civil society and my predecessor for their work on this issue.”

Vincent Van Quickenborne, Minister of Justice: "In our country, it is estimated that 1 in 5 women will experience violence at the hands of their (ex) partner. These are frightening figures. This type of violence is often hidden behind facades, making it less visible. This is why the government has made it a priority. We have already reformed the law on sexual offences, making consent a central concept and introducing harsher penalties for rape, including within the family. We have introduced the mobile stalking alert to enable the police to intervene more quickly in life-threatening cases of stalking by ex-partners. Prosecutors are increasingly using restraining orders to prevent violent partners from entering the home immediately after the crime. The new Penal Code is also much tougher on domestic violence. However, the justice system can only act after the fact. That is why this law will help to better identify, prevent and combat gender-based violence.”

Annelies Verlinden, Minister of the Interior: "To tackle the problem of sexual and domestic violence, we need to work together with all authorities to combat the phenomenon as much as possible. That is why last year I invested €1.5 million in 15 innovative local projects to prevent domestic violence. These projects are now taking shape and will be thoroughly evaluated this year and next. With the introduction of a mobile anti-stalking alarm, we want to give victims safety and peace of mind. At the touch of a button, they can call the police on the spot, enabling them to intervene quickly. We must continue our efforts to protect victims as much as possible and send a clear message that society will not tolerate this violence.”