COMMITTEE ON THE RIGHTS OF THE CHILD
30th Session
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
CONCLUDING OBSERVATIONS OF THE COMMITTEE
ON THE
RIGHTS OF THE CHILD: BELGIUM
1. At its 782th and 783th meetings (see CRC/C/SR.
782 and 783), held on 23 May 2002, the Committee
on the Rights of the Child considered the second
periodic report of Belgium (CRC/C/83/Add.2),
which was received on 7 May 1999, and adopted
At the 804th meeting, held on 7 June 2002. the
following concluding observations.
A. INTRODUCTION
2. The Committee appreciates that the report
follows the guidelines for reporting. It notes
that the report was timely, comprehensive and
self-critical in nature, as were the written
replies to its List of Issues (CRC/C/Q/BELG/2),
and welcomes the additional information provided
by way of annexes. The discussion in the report
on the follow-up to the Committee's earlier
recommendations was especially appreciated.
The Committee further notes with appreciation
the presence of a high-level delegation, which
contributed to an open dialogue, and a better
understanding of the implementation of the Convention
in Belgium.
B. FOLLOW-UP MEASURES UNDERTAKEN AND PROGRESS
ACHIEVED BY THE STATE PARTY
3. The Committee welcomes:
· The adoption of article 22-bis of the Constitution
on the protection of children;
· The adoption of new laws by the State party,
concerning the protection of children,
child labour, guardianship and family mediation;
· The numerous initiatives to combat trafficking
and child sexual exploitation, including
among others: the introduction of Joint Actions under
the Europol Convention; the establishment
of a national commission of experts to study sexual
exploitation of children; the establishment
of Child Focus, a European centre for missing
and exploited children; the adoption
of three Acts in 1995 to combat sexual exploitation;
and the reform of the Criminal Code.
· Ratification of the Optional Protocol to the
Convention on the involvement of children
in armed conflict; and
· Ratification of ILO Convention no. 182 on
the worst forms of child labour.
C. PRINCIPAL SUBJECTS OF CONCERN AND RECOMMENDATIONS
The Committee's previous recommendations
1. The Committee regrets that some of the concerns
and recommendations (CRC/C/15/Add.38) it made
upon consideration of the State party's initial
report (CRC/C/11/Add.4) have been insufficiently
addressed, particularly those contained in paras.
8, 9, 11, 13, 14, 15, 16. The Committee notes
that those concerns and recommendations are
reiterated in the present document.
2. The Committee urges the State party to make
every effort to address the previous recommendations
that have not yet been implemented and to address
the list of concerns contained in the present
concluding observations.
C.1 GENERAL MEASURES OF IMPLEMENTATION
Reservations and declarations
4. The Committee appreciates that the State
party has reviewed its declaration to article
2 and its reservation to article 40(2)(v)
of
the Convention, pursuant to the previous
concluding observations. Nevertheless,
it is concerned
that the State party does not intend to
withdraw them. With respect to article
2, the Committee
noting that the general principle of non-discrimination
in the Convention prohibits differences
in treatment
on grounds that are arbitrary and objectively
unjustifiable, including nationality, is
concerned
that the declaration to article 2 may restrict
non-Belgian children in Belgium to the
rights contained in the Convention. The
Committee
emphasizes
that the guarantee of non-discrimination
in the Convention applies to "each child within
[the State party's] jurisdiction". With respect
to the reservation to article 40, the Committee
is concerned that the possibility of appeal
to the Court of Cassation against judgments
and measures imposed by the Court of Assize
(sitting here as a court of first and last
instance)
is strictly limited to points of law and
therefore deprives the defendant from a full
review of
his case by a higher court, which is even
more important since the Court of Assize
handles
the most severe cases and imposes relatively
heavy sentences.
5. The Committee encourages the State party
to review its declaration and reservation with
a view to withdrawing them in accordance with
the Declaration and Plan of Action of the Vienna
World Conference on Human Rights (1993).
Legislation
6. The Committee welcomes information from
the State party of draft laws concerning the
rights
of the child, including with respect to adoption,
guardianship for unaccompanied minors, access
to courts, and due process guarantees.
7. The Committee recommends that the State
party:
(a) rigorously review and ensure that these
and other laws concerning children, as well
as administrative regulations, are rights-based
and conform to international human rights standards,
including the Convention;
(b) ensure adequate provision is made for their
effective implementation, including budgetary
allocation; and
(c) ensure their speedy promulgation.
Coordination
8. Since the initial report was considered,
the Committee notes the establishment of
the Inter-Ministerial Conference for
the Protection
of Child Rights, and the agreement for
the creation
of a national commission for the rights
of the child. However, the Committee
remains concerned:
at the absence of a global vision of children's
rights, which has not been translated into
a
national plan of action; that different
laws governing different administrative
jurisdictions
may lead to discrimination in the enjoyment
of children's rights across the State party;
that the absence of a central mechanism
to coordinate
the implementation of the Convention in
Belgium makes it difficult to achieve
a comprehensive
and coherent child rights policy.
9. The Committee recommends that the State
party:
(a) expedite the formal approval and full
implementation of the above mentioned agreement
in order to
establish the National Commission for the
rights of the Child with adequate human
and financial
services;
(b) assign the coordination of the implementation
of the Convention to a permanent body,
highly visible and easily identifiable,
with an adequate
mandate and resources;
(c) prepare and implement a comprehensive
national plan of action for the implementation
of the
Convention, with special attention to children
belonging to the most vulnerable groups
(e.g. poor households, asylum-seekers),
undertaken
through an open, consultative and participatory
process; and
(d) continue and expand the use of child
impact assessments in the formulation of
budgets and
policies.
Monitoring structures
10. Since the initial report was considered,
the Committee notes the establishment of
the Children's Rights Commissioner for
the Flemish
Community. The Committee acknowledges the
activities of the Délégué Général aux Droits
des Enfants in the French Community, and
the Centre for
Equal Opportunities and Opposition to Racism.
However, the Committee is concerned that
there
is no independent mechanism to monitor the
implementation of the Convention, and which
is empowered to
receive and address complaints of children
in the German-speaking Community nor at the
federal
level.
11. The Committee recommends that the State
party:
(a) establish independent human rights
institutions in the German-speaking Community
and federal
level in accordance with the Paris Principles
(General Assembly resolution 48/134), to
monitor and evaluate progress in the implementation
of the Convention. They should be accessible
to children, empowered to receive and investigate
complaints of violations of child rights
in
a child-sensitive manner, and address them
effectively;
and
(b) ensure that all the human rights institutions
have formal advisory functions with the
respective legislative bodies, and that
they establish
formal links with each other.
Data collection
12. The Committee welcomes: the statistical
annexes provided with the list of issues;
notes measures underway to improve data
collection
in offices processing asylum claims; and
welcomes information on a working group
on statistics
to be set up within a national study forum
on
juvenile delinquency. Nevertheless, with
reference to its previous concluding observations,
the
Committee is still concerned at the absence
of a nation-wide mechanism to collect and
analyse data on the areas covered by the
Convention.
13. The Committee recommends that the State
party establish a nation-wide system such
that disaggregated data is collected on
all persons
under 18 years for all areas covered by
the Convention, including the most vulnerable
groups
(e.g. non-nationals, children with disabilities,
children of economically disadvantaged
households, children in conflict with the
law, etc.), and
this data is used to assess progress and
design policies to implement the Convention.
Training/Dissemination of the Convention
14. The Committee welcomes information
that the State party has made available
compilations
of the initial report, summary records,
and concluding observations. It further
welcomes
information of special publications for
disabled children. However, Committee is
concerned that
the State party is not undertaking adequate
dissemination, awareness-raising and training
activities of the Convention in a systematic
and targeted manner.
15. The Committee recommends that the State
party:
(a) strengthen, and make on-going its programme
for the dissemination of information on
the Convention and its implementation among
children
and parents, civil society and all sectors
and
levels of government, including initiatives
to reach those vulnerable groups, such
as new immigrants;
(b) develop systematic and ongoing training
programmes on human rights, including children's
rights, for all professional groups working
for and with children (e.g. judges, lawyers,
law enforcement officials, civil servants,
local
government officials, personnel working
in institutions and places of detention
for children,
teachers
and health personnel).
C.2 GENERAL PRINCIPLES
The right to non-discrimination
16. The Committee welcomes the Decree of
March 2000 expanding the mandate of the
Centre for
Equal Opportunities and Opposition to Racism
to include all forms of discrimination,
including gender, sexual orientation, birth,
civil
status,
ill health, age, and disability. The Committee
is concerned at racist incidents against
minorities;
the disparities in the enjoyment of economic
and social rights, particularly health
and education
experienced by poor children, and non-Belgian
children, including unaccompanied minors,
and
disabled children.
17. In accordance with article 2 of the
Convention, the Committee recommends that
the State party:
(a) take all appropriate measures, such
as comprehensive public education campaigns,
to
prevent and combat
negative societal attitudes, and implement
the recommendations of the Committee on
the Elimination
of Racial Discrimination (March 2002);
(b) take all necessary measures to ensure
that all children within its jurisdiction
enjoy
all
the rights set out in the Convention without
discrimination;
(c) continue to prioritise and target resources
and social services for children belonging
to
the most vulnerable groups; and
(d) review existing policies and practice
in relation to children with disabilities,
including
draft legislation, taking due regard of
the Standard Rules on the Equalization
of Opportunities
for Persons with Disabilities (General
Assembly resolution 48/96) and of the Committee's
recommendations adopted at its Day of General
Discussion on "Children with Disabilities" (See
CRC/C/69).
18. The Committee requests that specific
information be included, in the next periodic
report, on
the measures and programmes relevant to
the Convention on the Rights of the Child
undertaken
by the State party to follow up on the
Declaration and Programme of Action adopted
at the 2001
World Conference Against Racism, Racial
Discrimination, Xenophobia and Related
Intolerance, and taking
account of General Comment no. 1 on article
29(1) of the Convention (aims of education).
Respect for the views of the child
19. The Committee welcomes information
that several structures have been set up
with
the support of the State party through
which children
can make their views known. These include
conferences, courses on children's rights,
councils in schools
and communities, and the "What do You Think?" project.
However, the Committee is concerned that
children are not adequately informed on
how to input into policies that affect them,
nor how their views will be taken into consideration
once they have been solicited; and that sufficient
attention has not been accorded to the participation
of primary and secondary students in school
governance, including in areas such as school
regulations and management of discipline.
With
respect to court or administrative proceedings
affecting the child, the Committee is concerned
that the right to be heard under article
931
of the Judicial Code is largely discretionary,
and does not adequately guarantee the child
this right. The Committee welcomes information
of a draft law in this regard.
20. The Committee recommends that the State
party, in accordance with article 12, take
further
steps to promote and facilitate meaningful
participation of children in society, including
schools. Moreover,
it recommends that legislation governing
procedure in courts and administrative
proceedings ensure
that a child capable of forming his/her
own views has the right to express those
views
and
that they are given due weight.
C.3 CIVIL RIGHTS AND FREEDOMS
Violence/abuse/neglect/maltreatment
21. In the area of child abuse, including
sexual abuse, the Committee notes with
satisfaction the numerous initiatives taken,
such as the
law on the criminal protection of minors
(28
November 2000), amendments to the Criminal
Code and adoption of article 22-bis of
the Constitution,
concerning the protection of the child's
moral, physical and sexual integrity. But
it remains
concerned that corporal punishment is
not expressly
prohibited by law.
22. The Committee recommends that the State
party:
(a) take legislative measures to prohibit
corporal punishment of children in the
family, schools
and in institutions;
(b) continue to carry out public education
campaigns about the negative consequences
of corporal
punishment, and promote positive, non-violent
forms of discipline;
(c) establish effective procedures and
mechanisms to receive, monitor, and investigate
complaints,
including intervening where necessary;
(d) prosecute instances of ill-treatment,
ensuring that the abused child is not victimised
in
legal
proceedings and his/her privacy is protected;
(e) provide care, recovery and reintegration
for victims; and
(f) strengthen the system of reporting
through the full support of the confidential
centres
for abused children, and train teachers,
law enforcement officials, care workers,
judges
and health professionals in the identification,
reporting and management of ill-treatment
cases.
Human rights education
23. The Committee is concerned that the
aims of education outlined under Article
29 of the
Convention, including the development and
respect for human rights, tolerance and
equality of
the sexes and religious and ethnic minorities
is not explicitly part of the curricula
throughout the State party.
24. The Committee recommends that the State
party, taking into account the Committee's
General
Comment no. 1 on the aims of education,
include human rights education, including
children's
rights, in the curricula of all primary
and secondary schools, particularly with
respect
to the development and respect for human
rights, tolerance and equality of the sexes
and religious
and ethnic minorities.
C.4. SPECIAL MEASURES OF PROTECTION
Unaccompanied minors
25. With respect to unaccompanied minors
(UAMs) the Committee welcomes the creation
of a special
bureau for UAMs in the Aliens Office for
handling the requests to stay of these
persons. It
also
notes a number of other activities, among
others, concerning the establishment of
special reception
centres for UAMs; a draft law for the
creation of a guardianship service, access
to education,
and missing persons, which contains provisions
on UAMs. But there is not yet, as the
Government acknowledges, specific regulations
for UAMs,
asylum-seeking or not.
26. In accordance with the principles
and provisions of the Convention, especially
articles 2, 3
and 22, and with respect to unaccompanied
persons under 18, the Committee recommends
that the
State party:
(a) expedite efforts to establish special
reception centres for UAMs, with special
attention to
those who are victims of trafficking and/or
sexual exploitation;
(b) to ensure that the stay in those centres
is for the shortest time possible and that
access
to education and health is guaranteed during
and after the stay in the reception centres;
(c) approve as soon as possible the draft
law on the creation of a guardianship service
in
order to ensure appointment of a guardian
for the UAM from the beginning of the asylum
process
and thereafter, as long as necessary, and
make sure that this service is fully independant
allowing it to take any action it considers
to be in the best interests of this minor;
(d) ensure they are informed of their rights
and have access to legal representation
in the
asylum process;
(e) improve cooperation and exchange of
information among all the involved actors,
including the
Aliens Office and other relevant authorities,
police services, tribunals, reception centres
and NGOs;
(f) ensure if family reunification is carried
out, it is done in the best interests of
the child; and
(g) expand and improve follow-up of returned
unaccompanied minors.
Sexual exploitation and trafficking
27. The Committee reiterates its satisfaction
for the numerous measures taken by the
State party to combat the sexual exploitation
and
trafficking of children. It is nevertheless
concerned that trafficking for the purposes
of sexual or other exploitation is still
a problem.
28. The Committee recommends that the State
party:
(a) fully implement the recommendations
of the national commission of experts;
(b) continue to implement policies and
programmes in accordance with the Declaration
and Agenda
for Action, and the Global Commitment adopted
at the 1996 and 2001 World Congresses against
Commercial Sexual Exploitation of Children;
(c) continue to recruit female police officers
to improve communication and contacts withs
foreign girls and women working in prostitution;
(d) ensure that adequate resources (e.g.
human and financial) are allocated to policies
and
programmes in this area;
(e) continue to undertake awareness-raising
campaigns in origin-countries;
(f) expand cooperation with origin and
transit-countries; and
(g) continue to cooperate with the International
Organization for Migration.
Administration of juvenile justice
29. The Committee welcomes information
since the initial report was considered,
that the
death penalty was abolished in 1996; article
53 of the 1965 Young Person's Protection
Act, which provided for pre-trial detention
for
up
to 15 days, was repealed; and recalling
above, a national study forum on juvenile
justice,
including a workshop on statistics, has
been set up. However, it is concerned that
the interim
law of 1 March 2002 (which expires on 31
October 2002) on the temporary detention
of juvenile
delinquents and the creation of the Everberg
Centre effectively replaced article 53
of the 1965 Act with a similar if not more
restrictive
regime. Moreover, the Committee remains
concerned that under article 38 of the
1965 Act, persons
under-18 may be tried as adults. Overall,
the Committee is concerned that the holistic
approach
to addressing the problem of juvenile crime
advocated in the Convention, including
with respect to prevention, procedures,
and sanctions
has not been sufficiently taken into consideration
by the State party.
30. The Committee recommends that the State
party:
(a) establish a system of juvenile justice
that fully integrates into its legislation
and practice
the provisions of the Convention, in particular
articles 37, 39 and 40, as well as with
other relevant international standards
in this area,
such as the Beijing Rules, the Riyadh Guidelines,
the United Nations Rules for the Protection
of Juveniles Deprived of their Liberty,
and the Guidelines for Action on Children
in the
Criminal Justice System;
(b) ensure that persons under 18 are not
tried as adults; and
(c) with respect to the law of March 2002,
and its subsequent review in October 2002,
ensure,
in accordance with article 37 of the Convention,
that the deprivation of liberty is only
used as a measure of last resort, for the
shortest
possible time, that due process guarantees
are
fully respected, and that persons under
18 are not detained with adults.
C.5. OPTIONAL PROTOCOLS
31. The Committee encourages the State
party to ratify the Optional Protocol to
the Convention
on the Rights of the Child on the sale
of children,
child prostitution and child pornography.
C.6. DISSEMINATION OF THE REPORTS
32. Finally, the Committee recommends that
in accordance with article 44, paragraph
6, of
the Convention, the second report presented
by the State party be made widely available
to the public at large and that consideration
be given to the publication of the report
along
with the written answers to the list of
issues raised by the Committee, the relevant
summary
records of the discussion, and the concluding
observations adopted thereon by the Committee
following its consideration of the report.
Such
a document should be widely distributed
in order to generate debate and awareness
of
the Convention
and its implementation and monitoring within
the Government, the Parliament and the
general public, including concerned non-governmental
organisations.