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)
Comments from the Service de lutte contre la pauvreté, la précarité et l'exclusion sociale on the Ad hoc Report on the cost-of -living crisis (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, lodged on 23 February 2004, relates to Article 6§§1-2 (right to collective bargaining: joint consultation and machinery for voluntary negotiations) of the European Social Charter. It is alleged that Belgium does not guarantee the effectiveness of the legislation on the exercise of the right to collective bargaining in the Belgian public sector.
- Case Document no. 1, Complaint registered at the Secretariat on 23 February 2004
- Case Document no. 2, Observations from the Belgian Government on the admissibility
- Case Document no. 3, Additional observations from the Centrale générale des services publics on the admissibility (French only)
- Case Document no. 4, Observations from the Belgian Government on the merits
- Case Document no. 5, Observations from the European Trade Union Confederation (ETUC) on the merits
- Case Document no. 6, Supplementary observations from the Centrale générale des service publics on the merits
- Case Document no. 7, Additional observations from the Belgian Government on the merits
The European Committee of Social Rights declared the complaint admissible on 6 September 2004.
The European Committee of Social Rights concluded that there was no violation of Article 6§§1-2 of the European Social Charter and transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 27 May 2005.
The Committee of Ministers adopted Resolution ResChS(2005)13 on 7 July 2005.
Decision on admissibility of the Complaint 25/2004
Decision on the merits of the Complaint 25/2004
Resolution ResChS(2005)13 of the Committee of Ministers on 7 July 2005
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