Initial experiences of the Institute of equality of women and men with the Act on Sexism
As in many other EU member states, sexist harassment also seems to be a pervasive phenomenon in
Belgium. The Act on Sexism of 2014 rendered certain serious forms of sexist harassment in public punishable. From the onset this Act was criticized for its presumed incompatibility with the principle of
legality and with the right to freedom of speech. In May 2016 the Constitutional Court repudiated these
critiques. Taking the unique practical experiences of the Institute for equality of women and men with
the Act as a starting point, this article analyses the different constitutive elements of the criminal offence of ‘public sexism’. Although these elements undoubtedly require further interpretation, the Act
on Sexism constitutes an important step forwards in the fight against sexist harassment and sexist
hate speech.