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. 141/2017 International Federation for Human Rights (FIDH) and Inclusion Europe v. Belgium

The complaint was registered on 18 January 2017. It relates to Articles 15 (right of persons with disabilities to independence, social integration and participation in the life of the community), 17 (right of children and young persons to social, legal and economic protection) and E (non-discrimination) of the Revised European Social Charter. The complainant organisations, FIDH and Inclusion Europe, allege that, by failing to make sufficient efforts to promote the inclusion of children with mental disabilities in ordinary primary and secondary education in French Community schools (Wallonia-Brussels Federation), Belgium is in breach of the aforementioned provisions.

 Case-document no. 1, Complaint registered on 18 January 2017

 Case-document no. 2, Observations by the Government on admissibility (French only)

 Case-document no. 3, Submissions by the Government on the merits

 Case-document no. 4, Response of the FIDH and Inclusion Europe to the Government's submissions

 Case-document no. 5, Observations of Interfederal Centre for Equal Chances (UNIA)

 Case-document no. 6, Observations of Délégué général de la communauté française aux droit de l'enfant

 Case-document no. 7, Further response of the Government on the merits

The European Committee of Social Rights declared the complaint admissible on 4 July 2017.

TheEuropean Committee of Social Rights adopted its decision on the merits on 9 September 2020

 Decision on admissibility of the Complaint 141/2017

  Decision on the merits of the Complaint 141/2017

  Recommendation CM/RecChS(2021)19 


 Previous national reports by Belgium

Revised European Social Charter

1961 Charter