COMMITTEE ON RIGHTS OF CHILD REVIEWS SECOND PERIODIC REPORT OF BELGIUM

23.05.02
In Preliminary Remarks, Expert Says Debate was Stimulating and Enriching


The Committee on the Rights of the Child today reviewed a second periodic report from Belgium by hearing a Government delegation say that a new Constitutional provision aimed at guaranteeing respect for the physical, moral and sexual integrity of children in Belgium.
The report was presented by Claude Debrulle, Director-General of the General Direction for Penal Legislation and Human Rights of Belgium's Justice Ministry. He said that following the structural reform of the country in 1993, responsibilities in matters relating to the rights of the child were divided between the federal Government, the three communities --French, Flemish and German speaking -- and regions.
Mr. Debrulle said that at the federal level, the Belgian Parliament had adopted on 23 March 2000 a new Constitutional provision aimed at guaranteeing respect for the physical, moral and sexual integrity of children. That provision concretized the will to see the child recognized as a subject of rights at the Constitutional level, he said. A new law had also entered into force on 17 March 2001 on the penal protection of minors.
In preliminary remarks, Committee Expert Ghalia Mohd Bin Hamad Al-Thani said the discussion with the delegation had been stimulating and enriching. She said the State party had acted upon the recommendations made by the Committee after considering that country's initial report; however not all of them had been followed up. She was also concerned about the overlapping and inconsistencies that might occur concerning services in Belgium to ensure all of children's rights.
Also representing Belgium were Leopold Merckx, Deputy Permanent Representative of Belgium to the United Nations Office at Geneva, and Mr. Salomonson, Attache at the Mission; Philippe Wery and Kathelijn Van Cauteren, from the Ministry of Justice; Colette Van Lul, from the Ministry of the Interior; Benoit Parmentier, Marc Bertholome, Claude Lelievre and Philippe Nayer, from the French-speaking community; and Karel Henderickx, from the Flemish community.
In two meetings, held this morning and this afternoon, the Committee considered Belgium's report which was submitted in compliance with the Convention on the Rights of the Child, which has been ratified by 191 States to date.
The Committee will issue its concluding observations and recommendations on the report of Belgium towards the end of its three-week session to be concluded on 7 June.
The Committee will resume its work at 10 a.m. on Friday, 24 May, when it will begin its consideration of the initial report of Niger (CRC/C/3/Add.29/Rev.1).
Report of Belgium
The second periodic report, which is contained in document CRC/C/83/Add.2, says that in the light of the tragic events that shook Belgium in August 1996 -- cases of paedophilia B new emphasis had been placed on the child and the need to protect the child against all forms of violence or sexual exploitation. It is this guiding principle that has been the focus of the Government's action in recent years. Various measures have been taken, some of which were in direct response to the recommendations made by the Committee when Belgium submitted its initial report.
At the end of August 1996, a national commission of experts was given the task of examining questions pertaining to the prevention of the sexual exploitation of children, the report notes. Its work resulted in the preparation of a final report containing various proposals. At the request of the communities, the Inter-ministerial Conference on the Protection of the Rights of the Child was created to ensure the follow-up of those proposals, with the aim of considering the issues that required closer cooperation among the different levels of the Government.
The report also says that the Government had created the National Commission on the Rights of the Child, consisting of representatives of the Ministries of Foreign Affairs, Justice and the Interior and representatives of the three communities. Its principal task is to prepare the five-year reports that Belgium is required to submit to the Committee. The Commission was also expected to secure the involvement of NGOs and other experts in the preparation of the reports.
Introduction of Belgian Report
CLAUDE DEBRULLE, Director-General of the General Direction for Penal Legislation and Human Rights of the Justice Ministry of Belgium, said that following the structural reform of the country in 1993, responsibilities in matters relating to the rights of the child were divided between the federal Government, the three communities --French, Flemish and German speaking -- and regions.
The responsibilities of the communities were exercised mainly in an exclusive manner in cultural and personal affairs, teaching, and use of language, he continued. Such responsibilities also contained the designation of policies on health, assistance to families, social assistance, hosting and integrating the population of foreign origin, disabled persons, the youth and social assistance to detainees. Under those different issues, the communities were responsible for all that concerned assistance and protection of the youth, the adoption and implementation of legislative documents, implementation of measures on the protection of minor delinquents and the establishment of the necessary services and infrastructure.
Mr. Debrulle said that the federal authorities held the competence -- residual and exclusive -- on certain issues of civil and penal laws as well as judicial organization in the protection of minors.
The Government had taken an initiative to provide the National Commission on the Rights of the Child with a solid juridical and structural base, he said. A draft text had also been elaborated to encourage the participation of NGOs, universities, and different specialized agencies in child rights.
At the federal level, the Belgian Parliament had adopted on 23 March 2000 a new Constitutional provision aimed at guaranteeing the respect for the physical, moral and sexual integrity of children. That provision concretized the will to see the child recognized as a subject of rights at the Constitutional level. A new law had also entered into force on 17 March 2001 on the penal protection of minors.
Questions by Experts on Definition of the Child and General Principles
An Expert said that Belgium had still to ratify the Optional Protocols to the Convention. Belgium had continued to maintain its interpretative declarations on article 2, paragraph 1. The Government should contemplate withdrawing those declarations. She said the Committee wanted to hear more on the content of the new legislation on juvenile delinquency and on unaccompanied children of foreign origin.
Another Expert asked what Belgium was doing to implement the outcomes of the 1990 World Summit on Children and the recent Special Session on Children. It was also noted that less information was provided on the German community as compared to the other communities; was that because its members were only 10 per cent of the population?
Had the Belgian Government translated and disseminated the provisions of the Convention, an Expert asked. A strategy should be introduced to make the Convention better known. Belgium should be congratulated for its participatory democracy in which children were involved in many decision-making processes concerning them.
It was only the Flemish and French communities that had created offices of the Ombudsman, an Expert noted, asking the delegation if the German-speaking community had also established a similar office.
The private sector was more and more involved in care-taking tasks, an Expert said. What were the areas of services run by the private sector, and did the communities monitor the services to prevent abuses?
An Expert commended the delegation for the excellent presentation of the report. He said that the Government had provided further information to its interpretative declaration on article 2, paragraph 1, of the Convention. The interpretative declaration should be modified to treat foreign minors in the same manner as nationals.
There was no permanent body to analyze the general needs of children in the country at the federal level, an Expert said. A national plan of action on children was also absent. The right of integration of children was guaranteed by the Constitution but its practice did not correspond to the provisions. The discovery of acts of paedophilia had shown that the integration of children had some lacuna. For example, the prohibition of corporal punishment was incorporated in the amended Constitution but people were not aware of that. People, however, were aware that the Government had come out in force against paedophilia. The Convention should be made understandable to children.
An Expert welcomed the participation of NGOs in the preparation of the report. She said she had some difficulties in understanding the overall implementation of the provisions of the Convention. How did the federal Government monitor the implementation of the Convention at all levels? Who was responsible for doing that? Did the Government envisage to establish an Ombudsman for children at the federal level?
Response of Belgium
In response to the questions on the definition of the child and general principles, the delegation said that the Belgian society was marked by a culture of dialogue which was used to seek a solution to any problem. Agreements were reached without any violence. The current structure of the country reflected its past. There was no hierarchy among the federal and community systems and laws. The federal law had the same rank as community and regional laws. The role of the National Commission on the Rights of the Children was seen as a global vision to the rights of children at the federal level. There was some difficulty in financing some of the institutions.
Reacting to the statement by the delegation, many Experts said that whether or not there was hierarchy among the different entities, the State was accountable for the implementation of the provisions of the Convention.
The delegation said that all the four legislative bodies -- the federal, French, German and Flemish -- should ratify any international treaty. Each community was also responsible for the implementation of the provisions of such instruments.
Turning to the role of the National Commission on the Rights of the Children, the delegation said that its monitoring role was subjected to the rules of each community, which was responsible for the implementation of the Convention. In the event of arbitrariness of the implementation of certain rights, the "arbitrary court" was competent to examine complaints.
There were offices of Ombudsman for children in the country which functioned on "check-and-balance" principles, the delegation said. The German-speaking community wished to have an Ombudsman; it would follow the Paris Principles on the establishment of national institutions for human rights. At the federal level, there was a proposition tabled by the Government for the establishment of an Ombudsman's office which would function without meddling in the communities affairs. With regard to child complaints, it was the coordinating body that decided which competent organ should examine them.
The delegation said that the issue of financing had been a recurrent problem; however, at all levels, the authorities were provided the means to implement the provisions of the Convention.
In accordance to the Durban Declaration and Programme of Action, Belgium had established an "Equal Opportunity Centre", the delegation said.
With regard to the Special Session on Children, the delegation said that the Government had expressed its dissatisfaction with the outcome of the meeting. For example, Belgium had expected better results than achieved by the Session on the application of the death sentence on minors.
Belgium had ratified the European convention on minorities and had taken the necessary steps in that regard, the delegation said. The German-speaking community, with a population of 60,000 inhabitants, was considered as a national minority.
Questions by Experts on Civil Rights and Freedoms, Family Environment and Alternative Care
An Expert asked about the education of disabled children; about the protection of their rights; and the freedom of children to express their views with regard to decisions concerning them.
Another Expert remarked that student councils were not established in elementary schools, while in secondary levels such councils were functioning. Were there plans to relay to children the discussion with the Committee? Did children have access to expert services that could provide them with information about their rights, without the help of parents? There was a feeling that the meaning of the Constitutional amendment was not understood with regard to corporal punishment. Also, the Government lacked an educational campaign on alternative means on such issues.
An Expert said he wished to comment on non-discrimination and sensitivity towards children. He said that foreign minors had difficulties in participation in the school environment and in accessing health services. There was a problem to teach children in their own mother tongue. The problem of children learning in a foreign language persisted in the German-speaking community.
Welcoming the new law on acquisition of Belgian citizenship, an Expert said that inappropriate treatment had been perpetrated against migrants, especially Muslims, by the administration. Those who discriminated against any group of people should be penalized to ensure that the human rights of all were respected. Were there family courts that dealt with alimony, custody and other cases relating to the family?
The alternative report by NGOs had indicated the situation of poverty in the country, an Expert said. Had the Government taken measures against poverty? Was there any plan to exonerate poor people from taxation? The social security system should also be able to assist poor people.
The new law provided that minors would not be kept in prisons with adult inmates, an Expert said. However, the measure to detain children in isolation could amount to cruelty.
An Expert expressed concern about the quality of host families; and the issue of payments by the Government which children placed in host families were not benefiting from. Were there discussions on domestic violence in the family? Did the outcome of the discussions help to reduce the violence?
Students were considered as spectators in school councils, an Expert said. The participation of students should be strengthened. Turning to sexual abuse, he said that in the Flemish community, there was a centre for victims of abuse. Were there similar institutions in other communities?
Belgium's Response
In response to questions on civil rights and freedoms, family environment and alternative care, the delegation said that there was a common definition of the child that was applicable to all three communities: 0 to 18 years of age. However, in some cases, beyond 18 years, some persons could still be considered as children.
On the issue of services provided by private sectors under contract from the authorities, the delegation said that the purpose was to look for quality services for children. In order to satisfy the needs of families and children, the private sector was involved in caring for children, such as through provision of day care.
Free green telephone lines -- 103 -- were available to children who wished to know about their rights and wanted to obtain any information they desired, the delegation said. Another telephone line was also available for consultation on more complicated matters.
The Convention had been printed in a more attractive and convenient manner so that children could read it, the delegation said. It was also printed in braille so that blind children could have access to the text.
Access to the Internet was provided in schools, however, the difficulty was how to protect children, the delegation said. A filtration mechanism had been put in place to protect them from unwanted messages. All schools in the country had been equipped with computers and had access to the Internet. Since 100 per cent of school-age children went to school, there was no discrimination as to the use of computers and the Internet.
In a text law to be adopted by Parliament, a judge would have to hear the voices of children in cases concerning them, including cases of divorce, the delegation said. The judge would have to call children aged 12 or above at the end of the hearing. A child's advocate had to accompany him or her when they were giving testimony.
The Flemish legal system allowed children to participate in student councils together with the teachers at the secondary level, the delegation said. The councils could be called to meet if two-thirds of the students expressed their desire. The legislation provided for the existence of councils only at the secondary levels.
Due to the scarcity of accommodation places to put juvenile delinquents, a new system of placing children had been introduced starting 2 March 2002, the delegation said. The new system allowed the placing of certain juvenile delinquents in closed institutional centres where they had no possibility to meet adult prisoners. The new system of protection followed the latest trend of having sanctions that could have positive results. The federal law had created the possibility to place provisionally some minors in closed centres. Article 53 of the 1965 law relating to the protection of juvenile, which allowed children to be place provisionally in adult prisons, had been invalidated.
Questions by Experts on Health and Well-Being, Education, Recreation and Cultural Activities and Special Measures for Protection of the Child
An Expert asked if primary education was compulsory and free of charge. He said he was worried about the percentage representation of foreign students in schools and the availability of schools nearer to their neighbourhoods.
Another Expert asked about the sexual exploitation of children in Belgium; she said children from East Europe and Africa were being trafficked to Belgium and were being sexually exploited there. She also asked about children, mainly foreigners, involved in mendicity; and the allowances paid to disabled children.
An Expert about unaccompanied minor asylum seekers and the reasons that they were not immediately provided with custodians to speak on their behalf.
Other Experts also asked about the ill-treatment of children, corporal punishment, accessibility of health services to vulnerable groups, and concentration of migrant children in the same schools, among other things.
Response of Belgium
In response to the questions on health and well-being, education, recreation and cultural activities and special measures for the protection of the child, the delegation said that the Equal Opportunity Centre was an independent body empowered to lodge complaints on behalf of the victims relating to any form of discrimination.
The Belgian Constitution provided for education to be free of charge, however, there were some costs involved for the purchase of textbooks, the delegation said. In addition, there was no quota system to limit certain groups of students, children of foreign origin, for example. Nevertheless, there were efforts to avoid the attitude of "ghetto", where one group of migrants or refugees were concentrated in one school, although it was the case in some districts. The communities had accepted to integrate children of foreign origin in schools. With regard to students in the German-speaking community who preferred to get education in the French language, there was a possibility to provide such an education.
Any disabled person in Belgium was assisted once his or her situation was recognized, the delegation said. In the past, the possibility of services were not open to foreigners; however, beginning December 2000, disabled children of foreign origin had been admitted to the centres and services. Other assistance to persons for special needs included those in poverty situations.
There was a constitutional reform going with the view to strengthening the rights of children and to prevent children from corporal punishment or other mistreatment, the delegation said. Ill-treatment of a child, by a parent or any other individual, would be criminalized. The Government had already ratified the Convention against Torture and the necessary legislative measures were being prepared to incorporate the provisions of that treaty. At present there was no specific legal provision dealing with corporal punishment.
Preliminary Remarks by Committee Expert
GHALIA MOHD BIN HAMAD AL-THAN, a Committee Expert, said the discussion with the delegation had been very stimulating and enriching. The debate had been very interesting and had given a perspective of the different opinions within Belgium. New information had been provided by the delegation. She said the State party had acted upon the recommendations made by the Committee after considering that country's initial report; however not all of them had been followed up, and the delegation could expect to see those appear again in the Committee's final conclusions, as well as see some new ones. The Committee would look forward to hearing more on the implementation of its recommendations.
She said she was concerned about the overlapping and inconsistencies that might occur concerning the services provided to ensure all the rights of children. She asked for more information on the functions of the Inter-ministerial Conference on the Protection of the Rights of the Child and the National Commission on the Rights of the Child.
Ms. Al-Thani welcomed the efforts made by the State party to allow children to participate in the decision-making process, which was very interesting to the Committee. She said that much debate had been held on the situation of juvenile delinquents that warranted thought and serious consideration from the point of view of the best interests of the child.
She said that the situation of the unaccompanied child asylum-seekers had been discussed, including many other issues that would be reflected in the Committee's concluding observations and recommendations.
Concluding Remarks by Delegation
CLAUDE DEBRULLE (Belgium) thanked the Committee, saying that the debate had been fruitful and would enable the Committee to measure if Belgium had lived up to its commitments. It would also help to make further progress.
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