The decision on the merits of the complaint lodged by Defence for Children International (DCI) lodges against Belgium
Defence for Children - International (DCI) v. Belgium, Complaint No. 69/2011
[21/03/2012] The complaint was registered on 21 June 2011.
on the merits
It concerns the situation of foreign children in Belgium, accompanied or non-accompanied, who are illegal residents or asylum seekers.
The complainant organisation alleged that these children are currently excluded from social assistance in Belgium. and invokes Articles 7§10 (Special protection against physical and moral dangers), 11 (right to health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).
In its decision, the European Committee of Social Rights concluded:
– unanimously that there is a violation of Article 17 of the Charter
– unanimously that there is a violation of Article 7§10 of the Charter
– by 13 votes to 1, that there is a violation of Article 11 §§1 and 3 of the Charter
– by 11 votes to 3, that there is no violation of Article 13 of the Charter
– unanimously that Article 30 of the Charter does not apply in the instant case
– unanimously that Article E of the Charter does not apply in the instant case