Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Communications
Status as of 22/09/2017

Belgium

Communication from the Minister for Foreign Affairs of Belgium transmitted by the Permanent Representative of Belgium in a letter dated 6 December 1965, registered at the Secretariat General on 10 December 1965 - Or. Fr.

When depositing with you the declaration by which the Belgian Government recognises for a further period of two years the jurisdiction of the European Court of Human Rights, I feel it is my duty to communicate to you the text relating to the declaration which has been drawn up by the Belgian Government and of which I informed the Senate at its sitting of 18th November 1965.

"Close study was given to the question of renewing the convention recognising the compulsory jurisdiction of the European Court of Human Rights.
On one hand, Belgium is profoundly attached to the protection of the freedoms which have been enshrined in its constitution ever since the beginning. Furthermore, Belgium has always supported the development of an organised Europe, a respect for the rule of law is the best of guarantees for the smaller States.
On the other hand, however, the States which have signed the European Convention, while wishing to protect, on an international basis, the rights and freedoms of all individuals, both nationals and aliens, intended that this convention should not apply to the political and administrative structure of States, and in particular to relations between communities existing side by side within one nation.
The Government considers that the Belgian linguistic laws directly affect the structure of the State and that they are moreover in conformity with the rights of the individual guaranteed by the Convention. It has instructed its representatives to plead this case before the Court.
Bearing these considerations in mind, the Government has decided to renew the declarations recognising the compulsory competence of the Court for a period of two years."
Period covered: 10/12/1965 - 28/06/1967
Articles concerned : Ex-46

Communication contained in a letter from the Permanent Representative of Belgium, dated 22 July 1987, registered at the Secretariat General on 22 July 1987 - Or. Fr.

I have the honour to acknowlegde receipt of your notification of 29 January 1987 concerning the declaration made by the Government of Turkey in accordance with Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Belgian Government considers this declaration an important step towards the protection of human rights in Turkey. However, the conditions and qualifications set forth in this declaration, which are liable to limit the recognition by the Turkish Government of the competence of the European Commission of Human Rights to receive individual petitions, raise legal questions as to the scope of an essential provision of the system of protection of the rights and fundamental freedoms provided for by the Convention.

Belgium therefore reserves the right to express its position in regard to the Turkish Government’s declaration, at a later stage and before the competent bodies of the Council of Europe. Meanwhile, the absence of a formal reaction on the merits of the problem should by no means be interpreted as a tacit recognition by Belgium of the Turkish Government’s conditions and qualifications.
Period covered: 22/07/1987 - 31/10/1998
Articles concerned : Ex-25


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