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. 59/2009 European Trade Union Confederation (ETUC)/ Centrale Générale des Syndicats Libéraux de Belgique (CGSLB)/ Confédération des Syndicats chrétiens de Belgique (CSC)/ Fédération Générale du Travail de Belgique (FGTB) v. Belgium

The complaint was registered on 22 June 2009. The complainant organisations allege that the situation in Belgium is not in conformity with the rights laid down in Article 6§4 (right to strike) of the Revised Charter. They believe that judicial intervention in social conflicts in Belgium, in particular concerning restrictions imposed on the action of picket line, violate this provision.

The European Committee of Social Rights declared the complaint admissible on 8 December 2009.

The European Committee of Social Rights concluded that there was a violation of Article 6§4 of the Revised Charter and transmitted its report containing its  decision on the merits of the complaint to the Parties and to the Committee of Ministers on 16 September 2011.

The Committee of Ministers adopted Resolution CM/ResChS(2012)3 on 4 April 2012.
 

 Decision on admissibility of the Complaint 59/2009

 Decision on the merits of the Complaint 59/2009

 Resolution ResChS(2012)3 of the Committee of Ministers on 4 April 2012

 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