Belgium ratified the European Social Charter on 16/10/1990 and the Revised European Social Charter on 02/03/2004, accepting 87 of the Revised Charter’s 98 paragraphs.

In June 2015 Belgium accepted to be bound by 4 additional provisions (Articles 26§2, 27§1, 27§2 and 28 of the Revised Charter), bringing the total of accepted provisions to 91 of the 98 paragraphs.

It accepted the Additional Protocol of 1995 providing for a system of collective complaints on 23/06/2003, but has not yet made a declaration enabling national NGOs to submit collective complaints.
 

The Charter in domestic law

Automatic incorporation into domestic law based on case-law (Le Ski judgment, Court of Cassation, 27 May 1971).
 


Country factsheets

The country factsheets include detailed information on the findings of the European Committee of Social Rights when monitoring the application of the Charter at national level, as well as examples of progress in the implementation of the rights protected by the Charter.

Belgium factsheet


Latest Ad hoc report by Belgium

See previous reports in respect of Belgium


Latest conclusions of the European Committee of Social Rights (ECSR)

See previous all conclusions in respect of Belgium (HUDOC)


Latest findings of the European Committee of Social Rights

Findings 2019 of the European Committee of Social Rights on the follow-up to decisions on the merits in collective complaints in respect of Belgium.


Table of accepted and nonaccepted provisions by Belgium

Grey = Accepted provisions

1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3.1
3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5 6.1 6.2 6.3
6.4 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 8.1
8.2 8.3 8.4 8.5 9 10.1 10.2 10.3 10.4 10.5 11.1 11.2
11.3 12.1 12.2 12.3 12.4 13.1 13.2 13.3 13.4 14.1 14.2 15.1
15.2 15.3 16 17.1 17.2 18.1 18.2 18.3 18.4 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 20 21 22
23 24 25 26.1 26.2 27.1 27.2 27.3 28 29 30 31.1
31.2 31.3  

 

Meetings and reports on non-accepted provisions

Collective complaints procedure

Belgium accepted the Additional Protocol of 1995 providing for a system of collective complaints on 23/06/2003, but has not yet made a declaration enabling national NGOs to submit collective complaints.

Back No. 195/2020 European Roma Rights Centre (ERRC) v. Belgium

The complaint was registered on 27 April 2020. It concerns 1§2 (the right to work), 11§1 and 3 (the right to protection of health), 12§1 (the right to social security), 13§1 (the right to social and medical assistance), 16 (the right of the family to social, legal and economic protection),17 (the right of children and young persons to social, legal and economic protection), 30 (the right to protection against poverty and social exclusion), 31 (the right to housing) and E (non-discrimination). ERRC alleges that, following a police operation on 4 and 5 April 2020 targeting two sites of Travellers in the municipality of Charleroi, families, including children, sick persons and a pregnant woman, had their caravans and property seized. ERRC alleges that these actions were carried out without consideration of the proportionality of the measure and without offering an alternative solution in return, such as provision of alternative accommodation, access to water, sanitation, electricity, food and medical services and have placed the affected families in direct exposure to hardships and health risks associated with Covid-19 in breach of the above-mentioned provisions of the Charter.

Case-document No. 1, Complaint registered on 27 April 2020

 Case-document No. 2, Observations by the Government on admissibility and request for immediate measures

 Case-document No. 3, Response by the ERRC on the Government's observations on admissibility and request for immediate measures

 Case-document No. 4, Response by the ERRC to the Committee's questions

 Case-document No. 5, Response by the Government to the Committee's questions (French only)

 Case-document No. 6, Government’s submissions on the merits (French only)

 Case-document No. 7, Response from ERRC to the Government’s submissions on the merits

 Case-document No. 8, Reply from the Government to the ERRC's response  on the merits (French only)

 Case-document No. 9, Answers by the ERRC to the additional Committee's questions

 Case-document No. 10, Answers by the Government to the additional Committee's questions (French only)

The European Committee of Social Rights declared the complaint admissible on 29 June 2021 and decided that it was not necessary to indicate to the Government any immediate measures.

 Decision on admissibility and on immediate measures of the Complaint No. 195/2020

 

 


 Previous national reports by Belgium

Revised European Social Charter

1961 Charter