Belgium slips to fourth in European LGBTQIA+ rights ranking: stagnation and unaddressed gaps

Belgium has dropped from second to fourth place on the Rainbow Map & Index 2026, ILGA Europe’s annual ranking of LGBTQIA+ rights across the continent. The ranking, published on 12 May 2026, reveals a troubling trend: while Belgium has long been regarded as a pioneer in LGBTQIA+ rights, its failure to address critical gaps has allowed other countries to overtake it. 

Spain, Malta, and Iceland now occupy the top three positions, leaving Belgium trailing behind.

Belgium’s decline on the Rainbow Map

The decline is not due to a lack of existing protections. Belgium still scores highly in areas such as civil society space, family rights, including same-sex marriage, adoption, and trans parenthood, and policies against hate crimes. 

However, its stagnation in three key areas has eroded its standing: the impunity of online hate speech, the lack of legal recognition for non-binary people, and insufficient protection for intersex minors.

Why Belgium is falling behind

Belgium’s slide in the ranking is a direct result of political inaction on long-standing issues. Despite its progressive reputation, the federal government has repeatedly failed to implement necessary reforms, leaving LGBTQIA+ individuals vulnerable in areas where other European nations have made strides.

1: Online hate speech: a legal loophole

Online hate speech targeting LGBTQIA+ people in Belgium remains largely unpunished. Under Article 150 of the Belgian Constitution, hate speech based on sexual orientation or gender identity is classified as a “press offence“, meaning cases must be tried before the Court of Assizes. A process that, in practice, never occurs. This legal technicality has created total impunity for online abusers, leaving victims without recourse.

Thomas Jans, spokesperson for Flanders‘ LGBTQI+ umbrella organisation çavaria, highlights the urgency of the issue:

“The insecurity for the LGBTQI+ community is peaking on social media. Victims of hate speech hit a legal wall, and perpetrators face no consequences.”

The problem is exacerbated by social media platforms’ algorithms, which often reward negative engagement while suppressing or arbitrarily removing LGBTQI+ accounts. Platforms like Meta (Facebook, Instagram, Threads) and X (formerly Twitter) have scaled back moderation efforts, as their business models thrive on conflict. 

Çavaria’s ‘Flood The Feed‘ campaign, launched during Brussels Pride Week, and in anticipation of the International Day Against Homophobia, Biphobia, and Transphobia (IDAHOT or IDAHOBIT), aims to flood social media with positive messages as a stopgap measure. However, Jans stresses that this is not a solution but a temporary act of resistance:

“If platforms won’t clean up the mess, we’ll build a dam of solidarity. But the real fix lies with tech giants and lawmakers who continue to give them too much leeway.”

The Digital Services Act (DSA), an European Union regulation requiring platforms to combat illegal hate speech, exists but faces political pressure, including from the Trump Administration, which is pushing to weaken its provisions. Çavaria urges Belgian and European policymakers to resist these efforts and enforce the DSA rigorously.

2: Seven years of waiting for non-binary recognition

In 2019, Belgium’s Constitutional Court ruled that non-binary people, those who do not identify exclusively as male or female, have the right to legal recognition. 

Yet, seven years later, the federal government has ignored the ruling. Non-binary individuals remain forced to register as either male (M) or female (F), a binary choice that does not reflect their identity. This legal erasure perpetuates discrimination and denies them the dignity of official recognition.

3: Intersex minors still unprotected

In February 2021, the Belgian Chamber of Representatives adopted a resolution to ban unnecessary medical interventions on intersex children. Surgeries performed solely to align their bodies with societal norms, often without their consent. Five years later, this resolution has not been translated into law. 

As a result, invasive, non-consensual surgeries continue to be performed on intersex minors, violating their bodily autonomy and human rights.

Political responses and calls for action

The impending interfederal LGBTQIA+ action plan presents an opportunity for Belgium to reclaim its leadership. Çavaria has issued a clear demand: “A plan without effective measures against hate speech, without solutions for non-binary people, and without protections for intersex minors is unacceptable. The federal government must prove that Belgium still wants to be a frontrunner for equal rights.”

Caroline Gennez (Vooruit), Flemish Minister for Equal Opportunities, acknowledges the risk of falling further behind: “We are maintaining last year’s score, but other countries are progressing and overtaking us. Ideas we once considered established are now under threat.”

Flanders has responded by increasing its support for ILGA-Europe, the organisation behind the Rainbow Map, with a €200,000 contribution in 2026.

Rob Beenders (Vooruit), Federal Minister for Equal Opportunities, describes the ranking as a “clear warning”: “Progress is never guaranteed. Rights must be continually protected, strengthened, and anchored.”

He pledges to prioritise stronger action against online hate speech, better information on rights, and greater awareness of diversity and respect.

A broader European context

Belgium’s decline reflects a wider trend in Europe, where acquired rights are increasingly under pressure. 

While countries like Spain, Malta, and Iceland advance with new protections, others risk backsliding. At the bottom of the Rainbow Map, Turkey, Azerbaijan, and Russia remain the worst performers, with Romania ranking as the lowest EU member state (42nd place).

The 2025 ILGA-Europe report also notes a rise in violence and hate speech against LGBTQIA+ people in Belgium, underscoring the urgency of reform.

What’s next for Belgium?

Belgium stands at a crossroads. To reverse its decline, the federal government must:

1. Close the legal loophole on online hate speech by amending Article 150 of the Constitution to ensure effective prosecution.
2. Implement the 2019 Constitutional Court ruling and legally recognise non-binary people.
3. Pass legislation banning unnecessary medical interventions on intersex minors, as promised in 2021.

Without action, Belgium risks losing its status as a leader in LGBTQIA+ rights—not just in Europe, but globally. The message from çavaria and allies is clear: solidarity campaigns are not enough. Structural change is long overdue.

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