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).
 

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  

 


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 national report by Belgium


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)


 

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.

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.

Indietro No. 69/2011 Defence for Children International (DCI) v. Belgium

The complaint was registered on 21 June 2011. The complainant organisation alleges that foreign children living accompanied or not, either as illegal residents or asylum seekers in Belgium, are currently excluded from social assistance in breach of 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).

The European Committee of Social Rights declared the complaint admissible on 7 December 2011.

The Committee concluded that there was a violation of Article 17, of Article 7§10,  and  of Article 11 §§1 and 3 of the Revised Charter. It concluded that that Article 30 and Article E of the Charter does not apply in the instant case. It transmitted its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on 20 November 2012.

The Committee of Ministers adopted Resolution CM/ResChS(2013)11 on 11 June 2013.
 

 Decision on admissibility of the Complaint 69/2011

 Decision on the merits of the Complaint 69/2011

 Resolution ResChS(2013)11 of the Committee of Ministers on 11 June 2013

 Findings of the European Committee of Social Rights on the follow-up of the Complaint

Previous national reports by Belgium

Revised European Social Charter

1961 Charter