Judgments

Article 11 of the Constitution (before 1994 Article 6bis) is of general application and prohibits all discrimination, of whatever origin: the constitutional rule of non-discrimination is applicable to all the rights and all the freedoms afforded to Belgians.The constitutional rules of equality of Belgians and of non-discrimination do not preclude a difference in treatment from being established in respect of certain categories of persons, provided that there are objective and reasonable grounds for the criterion for differentiation. The existence of such grounds must be assessed by reference to the aim and the effects of the rule under consideration; the principle of equality is violated where it is shown that there is no reasonable relationship of proportionality between the means employed and the aim pursued.It is not for the Court to determine whether such a measure established by law is appropriate or desirable. It is for the legislature to determine the measures to be taken in order to achieve the aim which it has set itself. When reviewing the conformity of laws to Articles 10 and 11 of the Constitution (before 1994 Article 6 and 6bis) the Court considers whether the distinction is objective, whether the measures are appropriate to the aim in view and whether there is a reasonable relationship between the means employed and the objective pursued. The Court is not required to consider in addition whether or not the objective pursued by the legislature might be achieved by different legal measures.

The powers allocated to the Communities to regulate health policy, health education and family policy do not in any way cover the possibility of regulating the exercise of the art of healing or abortion. The Community has no power to regulate abortion and also lacks the power to introduce in that regard a ground comparable to a state of necessity.