Report warns Belgian judges often downplay violence against women in civil court
Violence against women is too often downplayed in Belgian civil courts, increasing risks for victims and their children, according to a new evaluation by the Council of Europe’s GREVIO expert group.
The report, published on Thursday, reviews Belgium’s implementation of the Istanbul Convention and finds that while progress has been made, significant gaps remain, particularly in how domestic violence is assessed in family law decisions.
GREVIO highlights several positive steps, including the 2023 femicide law, the shift towards a “yes means yes” definition of rape, and the criminalisation of sharing intimate images without consent. The experts also praise the support offered by Sexual Violence Care Centres and Safe Houses in Flanders.
Judicial blind spots
The group, however, warns that domestic violence is still routinely underestimated in civil proceedings, leading courts to grant visitation rights or joint custody even in cases where violence has been established. According to the report, this allows perpetrators to “maintain their dominance” over victims and children.
GREVIO calls for the reform of restraining and protection orders, which are currently limited in scope, and urges improvements to data collection across justice, policing and healthcare. The lack of long-term shelter places and the requirement for victims to pay for them are also identified as barriers to safety.
“Democracy rests on the fundamental principle that everyone deserves equal rights"
The publication comes as the Council of Europe marks International Day for the Elimination of Violence against Women on 25 November.
“Democracy rests on the fundamental principle that everyone deserves equal rights and dignity and can live safely and freely," secretary general Alain Berset said.
"As our democracies are facing new challenges, women’s rights are increasingly called into question. The promise of equal rights means little if half of humanity still faces violence in their daily lives. A democracy cannot function if women are not safe and able to take part fully.”
Flanders' response
Belgium has submitted comments in response to the report. The Flemish government said it shared GREVIO’s view that women are disproportionately affected by gender-based violence, saying: “This reality underscores the need to pay specific attention to women and girls, given their disproportionate exposure to violence and harmful gender roles.”
It said, however, that an inclusive, gender-neutral policy framework “does not preclude an inclusive and gender-sensitive approach in practice”, and argued that this ensures support for male victims and those facing multiple forms of discrimination who “often remain stigmatised or invisible”.
GREVIO’s recommendations have been forwarded to the Belgian authorities, who are expected to respond with further measures in the coming months.
© PHOTO GENEVIEVE ENGEL / HANS LUCAS COLLECTION
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