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. 21/2003 World Organisation against Torture (OMCT) v. Belgium

The complaint, lodged on 23 September 2003, relates to Article 17 (the right of mothers and children to social and economic protection) of the European Social Charter. It is alleged that Belgium has not effectively prohibited all corporal punishment of children, nor has it prohibited any other form of degrading punishment or treatment of children and provided adequate sanctions in penal or civil law.

The European Committee of Social Rights declared the complaint admissible on 9 December 2003.

The European Committee of Social Rights concluded that there was a violation of Article 17 and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 26 January 2005.

 The Committee of Ministers adopted Resolution ResChS(2005)10 on 8 June 2005.
 

 Decision on admissibility of the Complaint 21/2003

 Decision on the merits of the Complaint 21/2003

 Resolution ResChS(2005)10 of the Committee of Ministers on 8 June 2005


 Previous national reports by Belgium

Revised European Social Charter

1961 Charter