Belgium
As of early 2026, Belgium is generally recognized as a high-performing democracy with strong legal protections. However, it faces persistent structural challenges that have led to multiple condemnations by the European Court of Human Rights (ECtHR).
The primary human rights issues in Belgium currently revolve around the following areas:
1. The Asylum Reception Crisis
Belgium has been in a "reception crisis" since late 2021, which has significantly worsened over the last two years.
Systemic Failure: Thousands of asylum seekers have been left to sleep on the streets because the federal agency, Fedasil, lacks sufficient beds.
Judicial Defiance: By early 2026, Belgian courts have issued over 10,000 rulings ordering the state to provide housing, often with daily fines. The government has frequently ignored these orders, leading the ECtHR to label the situation a "systemic failure" of the rule of law.
Declining Protection Rates: In 2025, the protection rate for refugees fell to its lowest level in a decade, and processing for specific groups (such as Iranians and Syrians) was temporarily suspended at various points due to "volatile" conditions in their home countries.
2. Prison Overcrowding and Inhumane Conditions
Conditions in Belgian prisons are frequently described by monitoring bodies as "shameful."
The "Middle Ages" Standard: In January 2026, the prison oversight commission declared the Nivelles prison non-compliant with the European Convention on Human Rights, describing conditions as a "return to the Middle Ages."
Mattresses on Floors: Despite a theoretical capacity of roughly 11,000, the prison population reached a record 13,000+ in 2025. This has forced hundreds of inmates to sleep on mattresses on the floor in dilapidated cells.
Refusal of Extradition: Because of these conditions, some Dutch and Italian authorities have recently refused to honor European Arrest Warrants for transfers to Belgium, arguing that doing so would constitute "inhumane and degrading treatment."
3. Policing and Racial Profiling
Racial discrimination remains a significant concern, particularly regarding law enforcement.
Ethnic Profiling: UN and Council of Europe committees have repeatedly urged Belgium to explicitly ban racial profiling. While the government maintains it is illegal, civil rights groups continue to document a disproportionate number of identity checks and "stop-and-frisk" incidents targeting racialized youth.
Police Violence: Amnesty International's 2026 UPR submission highlights ongoing concerns regarding excessive use of force during protests and a lack of independent mechanisms to investigate police-related deaths.
4. Freedom of Assembly and the New Criminal Code
A new Criminal Code, adopted in 2024, is set to enter into force in April 2026, raising alarms among activists.
"Malicious Interference": The code introduces a new offense: "malicious interference with the authority of the State."
Chilling Effect: Human rights defenders fear the "overbroad" nature of this language will be used to criminalize peaceful civil disobedience, such as climate protests or labor strikes, effectively curbing the right to assembly.
5. Religious Freedom and State Recognition
Belgium has faced criticism for its "deficient" system of recognizing religions.
Strasbourg Slap: Following a 2022 ECtHR ruling, Belgium was ordered to reform the way it grants state recognition and funding to religious groups. As of early 2026, critics argue that the government has still not established a transparent, non-discriminatory process for recognizing minority faiths and worldviews.