Protection

BELGIAN LAW

Since 2001, female genital mutilation has been subject to specific criminalization under Belgian law.

Article 409 of the Penal Code (entered into force on March 27, 2001) provides for a penalty of 3 to 5 years’ imprisonment for “anyone who has practiced, facilitated, or favored any form of mutilation of the genital organs of a female, or attempted to do so, with or without the consent of the person. The attempt will be punished by imprisonment of eight days to one year. (…)” – ART. 409 of the Penal Code

Since July 2014, incitement to practice FGM is also punishable by imprisonment (from 8 days to 1 year). The fact that the victim is a minor constitutes an aggravating circumstance, as does the severity of the consequences, the aim of profit, and generally situations of dependency and vulnerability (when the perpetrator has authority over the victim, whether a parent, doctor, etc.). Depending on these circumstances, sentences can range up to 15 years’ imprisonment.

The statute of limitations is 5 years, and it is 10 years in cases of aggravating circumstances. Since the law of November 14, 2019, which came into force on December 30, 2020, the statute of limitation is abolished for any sexual mutilation committed on a minor girl.

Moreover, anyone who participated in, facilitated, or favored FGM on a minor, including abroad, can be prosecuted in Belgium if the perpetrator is on Belgian territory (principle of extraterritoriality).

In Belgium, very few complaints have been filed, and no convictions have been handed down since the entry into force of this penal provision. Therefore, there is no available case law on this matter.