Study on sexism law : Study issues a series of recommendations to Belgian government and local authorities

This study is one of the measures of the National Action Plan to Combat Gender-Based Violence (NAP) 2012-2025. Demos' research shows that the Sexual Offences Act is effective in securing convictions, but that the knowledge and scope of the law is too limited. The study makes a number of recommendations that could help tackle sexism in public spaces. Some of these recommendations do not require legislative changes, such as better lighting in streets, train stations, bus stops, etc., awareness campaigns, faster processing of criminal cases, better data collection and so on. A few others require legislative changes, such as the introduction of one or more laws that clearly and easily prohibit harassment in public spaces (both offline and online). 

• Written sexist messages (including online) remain under the radar

Another pain point is that the law fails to punish a significant proportion of sexism in public spaces, which in itself meets the constitutive elements of the criminal provision. In fact, written sexist messages (including online) are considered a 'printing offence', for which only the Assize Court has jurisdiction under Article 150 of the Constitution. In practice, however, almost no press offences are brought before the Assize Court. Written sexists offences, including hate messages disseminated online, therefore enjoy virtual impunity. However, cyber violence is widespread. A European Parliament directive states: "By 2020, it is estimated that one in two young women will have experienced gender-based cyber violence. Overall, women are more likely to experience gender or sex-based cyber violence, particularly sexual forms of cyber violence. Women are systematically targeted online by violent right-wing extremist groups and terrorist groups that seek to sow hatred against them". 

Furthermore, the study argues that the lack of enforcement of the Sexism Act in cases of online harassment and hate speech against women and girls is problematic in light of the Istanbul Convention, the case law of the European Court of Human Rights, international and European recommendations to ensure women's and girls' freedom of expression, and the forthcoming European Directive to combat violence against women and domestic violence. 

• Sexism, both online and offline, is silencing too many women.

Secretary of State Leroy: "Sexism, both online and offline, silences too many women. There are women who disconnect from social media platforms because they no longer want to endure the many, often sexist, insults; some women are afraid to go out alone at night for fear of being shouted at, followed and sometimes even touched; female politicians take a step back for fear of their well-being and that of their family and friends. So the female voice in the social debate is still too stifled. By strengthening measures to prevent and combat sexism, we can ensure that everyone, including women, dares to speak openly".

• Opening up Article 150 of the Constitution

So action is needed. The Minister of State for Equal Opportunities will present the study's recommendations to the inter-ministerial working group that brings together the federal, community and regional ministerial cabinets and departments involved in implementing the NAP, the National Action Plan against gender-based violence. It also calls on Parliament to take the necessary steps to amend Article 150 of the Constitution so that not only written offences motivated by racism or xenophobia can be tried by the Correctional Court. Without such a constitutional amendment, authors of published written opinions (digital or otherwise) that constitute sexist offences cannot in practice be held criminally liable. Texts to revise Article 150 to this effect were tabled in the last legislature. This study shows once again that a two-thirds majority is urgently needed to make progress and effectively combat sexist written expression.

• Collective change of mentality

The Secretary of State also points to the collective change in mentality brought about by the Sexism Act: "With the Sexism Act, our country has sent a very clear message: we will not tolerate sexism. Collectively, we feel empowered to name sexism and speak out against it. The law also provides important support and recognition for victims. The next step must be to tackle sexism online. The online world is still too much of a free port where some people do not hesitate to use sexist language to intimidate, drive away and silence others.."

The Sexism Act 2014 recently led to the conviction of Jeff Hoeyberghs. He was found guilty of violating the Sexism Act for making misogynistic and sexist remarks during a public lecture.