Belgium
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.
Latest Ad hoc report by Belgium
- Ad hoc Report on the on the cost-of-living crisis submitted by Belgium, 21 December 2023 (French only)
See previous reports in respect of Belgium
Latest conclusions of the European Committee of Social Rights (ECSR)
- Conclusions of the European Committee of Social Rights 2022 concerning Belgium (Thematic group Labour rights)
- Conclusions of the European Committee of Social Rights 2020concerning Belgium (Thematic group Employment, training and equal opportunities)
- Conclusions of the European Committee of Social Rights 2019 concerning Belgium (Thematic group Children, families and migrants)
- Conclusions of the European Committee of Social Rights 2017 concerning Belgium (Thematic group Health, social security and social protection)
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
- 1st Report on non-accepted provisions of the European Social Charter by Belgium, 2009 (French only)
- 2nd Report on non-accepted provisions of the European Social Charter by Belgium, 2014 (French only)
- 3rd Report on non-accepted provisions of the European Social Charter by Belgium, 2019 (French only)
- 4th national report on non accepted provisions of the European Social Charter - 2024 (French only)
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.
The complaint registered on 30 April 2014, relates to Articles 15 (right of persons with disabilities to independence, social integration and participation in the life of the community) and 17 (right of children and young persons to social, legal and economic protection) of the Revised European Social Charter. The complaint alleges that Belgium has failed to provide education and training for children with intellectual and mental disabilities who are denied access to mainstream education and to the supports necessary to ensure such inclusion, in violation of the above mentioned provisions.
Case Document no. 1, Complaint registered on 30 April 2014
Case Document no. 2, Submissions of the Government on admissibility and the merits
Case Document no. 4, Observations by the Interfederal Centre for Equal Opportunities
Case Document no. 5, Additional information from the Government on the "M Decree"
Case Document no. 6, Additional information from MDAC on the "M Decree"
The European Committee of Social Rights adopted its decision on admissibility and merits on 29 March 2018.
In its decision, the Committee concluded:
- unanimously, that there is a violation of Article 15§1 of the Charter on the ground that the right to inclusive education of children with intellectual disabilities is not effectively guaranteed in the Flemish Community of Belgium; there is a violation of Article 15§1 of the Charter due to lack of an effective remedy against refusal of enrolment in mainstream schooling for children with intellectual disabilities;
- by 10 votes to 2, that there is no violation of Article E read in conjunction with Article 15§1 of the Charter;
- by 11 votes to 1, that there is a violation of Article 17§2 of the Charter on the ground that the accessibility criteria to an inclusive education are not fulfilled;
- by 10 votes to 2, that there is no violation of Article E read in conjunction with Article 17§2 of the Charter.
Decision on admissibility and merits of Complaint No. 109/2014
Resolution CM/ResChS(2018)3 of the Committee of Ministers on 4 July 2018
Previous national reports by Belgium
Revised European Social Charter
- 17th National Report on the implementation of the European Social Charter submitted by Belgium (fr) (Reference Period: 01/01/2018 - 31/12/2021)
Comments submitted by the Mental Disability Advocacy Centre
Comments submitted by the FEANTSA
Comments submitted by the Federal Institute for the protection and promotion of Human Rights (FIRM/IFDH), UNIA, Institute for the Equality of Women and Men and Délégué général aux Droits de l'Enfant - 16th National Report on the implementation of the European Social Charter submitted by Belgium and Annex_TSW_Working Time Infractions (fr) (Reference Period: 01/01/2017 - 31/12/2020)
Comments by the CSC, CGSLB et FGTB (fr)
Comments by the FIRM/IFDH, the Central Monitoring Council for Prisons, The Institute for the Equality of Women and Men, Myria and the Service to Combat Poverty, Insecurity and Social Exclusion - 15th National Report on the implementation of the European Social Charter submitted by Belgium, 15 December 2020 (fr) (Reference Period: 01/01/2016 - 31/12/2019)
Comments by the FIRM/IFDH
Contribution submitted by Defence for Children International Belgium (fr)
Belgium's response to the IFDH report (fr) - 14th National Report on the implementation of the European Social Charter submitted by Belgium (fr) (Reference Period: 01/01/2015 - 31/12/2018).
Comments from Défense des enfants international (fr)
Comments from Validity Foundation (MDAC) (fr) - 13th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2014 - 31/12/2017). Conclusions published in 2019
- 12th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2013 - 31/12/2016). Conclusions published in 2018
Comments from Fédération des Entreprises de Belgique (FEB) (fr) - 11th National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/2012-31/12/2015). Conclusions published in 2017
Comments from Belgian Disability Forum (fr)
Comments from "Service de la lutte contre la pauvreté et la précarité sociale" (fr)
Observations from the Government on the comments from "Service de la lutte contre la pauvreté et la précarité sociale" (fr)
Comments from "Centre interfédéral pour l'égalité des chances (Unia) et du Centre fédéral Migration (Myria)" (fr) - 10th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2011-31/12/2014). Conclusions published in 2016
Comments by "Centre interfédéral pour l'égalité des chances et la lutte contre le racisme" (fr) - 9th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2010 - 31/12/2013). Conclusions published in 2015
- 8th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2009 - 31/12/2012). Conclusions published in 2014
Addendum to the 8th report (Article 4§3) (fr)
Addendum1 to the 8th report (Article 2§5) (fr) - 7th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2008 - 31/12/2011). Conclusions published in 2013
Addendum to the 7th report (fr)
2nd addendum to the 7th report (fr)
Comments by the Belgian Ligue des droits de l'Homme
Comments by the Belgian LGBT Network and ILGA Europe - 6th National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/2007-31/12/2010). Conclusions published in 2012
6th report, replies on Articles 1§2 and 18§3 (fr) - 5th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2005 - 31/12/2009). Conclusions published in 2011
Addendum to 5th report (fr) - 4th National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2005 - 31/12/2008). Conclusions published in 2010
- 3rd National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/01/2005 - 31/12/2007). Conclusions published in 2009
Comments by ADT Quart monde
3rd report, reply Art. 3§3 - 2nd National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/2003 - 31/12/2006). Conclusions published in 2008
Addendum to 2nd report (fr) - 1st National Report on the implementation of the European Social Charter submitted by the governement of Belgium (fr) (Reference Period: 01/05/2004 - 31/12/2004). Conclusions published in 2007
Addendum to 1st report (fr)
1961 Charter
- 11th National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/2003 - 30/04/2004). CYCLE XVII-1
Addendum to 11th report (fr) - 10th National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/1999 - 31/12/2002). CYCLE XVII-2
Addendum to 10th report (fr) - 9th National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/1999 - 31/12/2002). CYCLE XVII-2
Addendum to 9th report (fr) - 8th National Report on the implementation of the European Social Charter submitted by the governement of Belgium(fr) (Reference Period: 01/01/1999 - 31/12/2002). CYCLE XVII-2