General legal framework in Belgium
Core legal principles, terminology, scope of legality and institutional reference points.
1. Fundamental legal principles
This section sets out the essential elements required to understand the Belgian legal framework: the scope of criminal law, integration into ordinary law, and the limits that continue to apply.
- Governance under ordinary law: interaction between criminal law, labour law, social security and administrative regulations.
- Criminal prohibitions remain in force: offences relating to coercion, exploitation, trafficking and any involvement of minors.
- Clear legal boundaries: distinction between lawful activity between consenting adults and conduct constituting criminal offences.
2. Terminology
Official and institutional sources use different terms depending on the context (legal, administrative, social). The terminology used on this site follows that of the cited sources.
Sex work
Term used in certain institutional sources to describe the activity from the perspective of rights, status and legal recognition.
Prostitution
Term used in legal and administrative contexts, particularly where related criminal offences are addressed.
3. Scope of legality
Decriminalisation does not remove criminal law. It clarifies the boundary between lawful activity and conduct that remains prohibited and punishable.
Permitted activities (overview)
- Practice by adults, within the legal statuses recognised under Belgian law.
- Organisation in compliance with labour law, social security rules and applicable regulatory requirements.
Prohibitions that remain in force (overview)
- Any involvement of minors (participation, organisation, advertising, etc.).
- Coercion, constraint, exploitation and human trafficking.
- Sexual offences and related criminal offences defined under criminal law.
Editorial rule: precise legal definitions and criminal classifications are detailed in the thematic pages, with systematic references to the sources (URL).
4. Institutional reference points
The regulation of sex work in Belgium operates within a multi-level institutional structure. Competences vary depending on the subject matter concerned.
Federal level
Criminal law, labour law, social security and national legal frameworks.
Regions
Related competences with indirect impact, notably in the areas of urban planning, housing, economic policy and regional regulatory schemes, depending on the subject matter.
Municipalities
Local rules and public-order measures, in particular through municipal regulations and administrative policing powers.