The complaint registered on 30 April 2014, relates to Articles 15 (right of persons with disabilities to independence, social integration and participation in the life of the community) and 17 (right of children and young persons to social, legal and economic protection) of the Revised European Social Charter. The complaint alleges that Belgium has failed to provide education and training for children with intellectual and mental disabilities who are denied access to mainstream education and to the supports necessary to ensure such inclusion, in violation of the above mentioned provisions.

Case Document no. 1, Complaint registered on 30 April 2014

Case Document no. 2, Submissions of the Government on admissibility and the merits

Case Document no. 3, Response from MDAC to the Government's submissions on admissibility and the merits

Case Document no. 4, Observations by the Interfederal Centre for Equal Opportunities

 Case Document no. 5, Additional information from the Government on the "M Decree"

 Case Document no. 6, Additional information from MDAC on the "M Decree"

The European Committee of Social Rights adopted its decision on admissibility and merits on 29 March 2018.

In its decision, the Committee concluded:

• unanimously, that there is a violation of Article 15§1 of the Charter on the ground that the right to inclusive education of children with intellectual disabilities is not effectively guaranteed in the Flemish Community of Belgium; there is a violation of Article 15§1 of the Charter due to lack of an effective remedy against refusal of enrolment in mainstream schooling for children with intellectual disabilities;
• by 10 votes to 2, that there is no violation of Article E read in conjunction with Article 15§1 of the Charter;
• by 11 votes to 1, that there is a violation of Article 17§2 of the Charter on the ground that the accessibility criteria to an inclusive education are not fulfilled;
• by 10 votes to 2, that there is no violation of Article E read in conjunction with Article 17§2 of the Charter.

 Decision on admissibility and merits of Complaint No. 109/2014

 Resolution CM/ResChS(2018)3 of the Committee of Ministers on 4 July 2018