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20 November 2000
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CESCR
24th session
20 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning concluded its consideration of a second periodic report of Belgium on how that country was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
The Committee will issue its concluding observations and recommendations on the report of Belgium at the end of its three-week autumn session which concludes on 1 December.
Over the course of their consideration of the Belgian report, Committee Experts queried the delegation about whether elderly people had access to educational and cultural activities; why the manufacturers of music compact disks and cassettes paid taxes instead of the owners; about the social housing policies; and why there was a difference of salaries for teachers in the Flemish community, among other things.
The Belgian delegation, after answering questions raised by Committee experts, concluded by saying that Belgium needed the support and solidarity of the international community in order to tackle the problems of paedophilia, child pornography and child prostitution which were part of foreign networks.
Belgium is among the 143 States parties to the Covenant and as such it must submit periodic reports to the Committee on its efforts to give effect to the provisions of the treaty. During the three meetings, an 8-member Belgian delegation was on hand to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes at 3 p.m., it will first hold a private discussion on the draft conclusions on the report of Belgium before meeting in public at 4 p.m.
Discussion
In response to questions raised at the previous meeting, the delegation said that the duration of maternity leave in Belgium was decided by the employer in collaboration with the enterprise's medical group; and the trade union was also consulted concerning the leave. The guaranteed maternity leave could be prolonged in case of sickness.
Children between 15 and 18 years of age had to continue their education while working less hours, the delegation said. Compulsory education being extended until 15, working children were obliged to continue their studies under they reached the age of 18.
An Expert said that material supplies for asylum-seekers at reception centres affected their human dignity. In the past, cash money was provided for such category of persons by the Belgian Government; however, its replacement by material assistance such as food and clothing was not comprehensible. The situation created by the introduction of new laws towards the conditions of asylum-seekers was grim. The Expert also asked about the situation of social housing in Belgium.
The delegation said that the Government had decided to introduce material aid to asylum-seekers because of their growing numbers. In October, the Prime Minister told Parliament that it was the only way to combat criminality in human trafficking. The decision to do so was the Government's and it was not based on any legislation. However, whenever an asylum-seeker was ill, the Government paid all the expenses of his or her hospitalization.
On the issue of repossession of inhabited houses by the Government to reallocate them for those in need, the delegation said that only the regional authorities had the power to do so. In some areas, some houses were kept empty for property speculation by some owners and real estate agents. The authorities of social affairs had to request the regional authorities in order that such houses be occupied by people without houses. The implementation of the law on solidarity in that matter was cumbersome. In addition, each region had its own code and policy on housing.
The delegation said that the housing policy was mainly in the hands of the regional authorities of Flemish, Walloon and Brussels-Capital Regions. Since October 1998, the Walloon region had a housing code aimed at achieving the right to decent housing by means of positive discrimination in favour of the neediest. In addition, new forms of assistance had been established for individuals in provision of transit accommodation for households in temporary difficulty.
An Expert recalled that in 1995, the Committee on the Rights of the Child had expressed concern that while unaccompanied minor asylum-seekers, whose requests were rejected, could stay in the country, at the age of 18 they lost their rights, including medical treatment. The Expert asked if there had been an improvement in the situation during the last five years.
Another Expert asked if corporal punishment was still maintained both in schools and in the family. With regard to the Flemish region, the Expert wanted to know about the high number of school absentees and if measures were taken to improve the situation. The Expert also asked how the State could ensure uniformity in educational systems in the different autonomous communities.
In a follow-up question, an Expert asked about the policies of Walloon and Flemish concerning social housing. The European Social Charter provided for accessibility to social housing for those in need, the Expert said.
The delegation said that the question concerning child rights of unaccompanied asylum-seekers was alarming. There had been a decision that such children had to be lodged in federal centres; however, no further details were available.
Belgium had a large sum allocated to health insurance, the delegation said; a series of measures had been taken on preventive methods in order to save money; and the Government encouraged persons to go to general medical practitioners before they visited a specialist.
Corporal punishment was prohibited in Belgium; in the Flemish regions, measures had been taken to reduce school absenteeism, but their impact had not yet been assessed; the degree of uniformity in educational standards could be guaranteed because of the fact that all the regions were applying the same European standards.
Experts continued to pose questions about whether elderly people had access to educational and cultural activities; why the Flemish community was not included in the positive discrimination provision in schools for foreigners in French language; why the manufacturers of music compact disks and cassettes paid taxes instead of the owners; and why there was a difference of salaries among teachers in the Flemish community, among other things.
An Expert said that the educational system of Belgium was ambivalent; since devolution of education to the regions, particularly in the German- speaking region, there had been cuts in teaching posts and the Expert asked for the reasons behind the problem; he wondered if the dismissed teachers received compensation.
Concerning adult education, the Walloon region was making its contribution to the exercise of the right to education by supporting field initiatives to help with homework and to prevent children from dropping out from school, the delegation said. In the Flemish community, apart from ordinary adult education, there were various other possibilities of second chance education, basic education and supervised individual study.
There was no reduction in teachers' salaries, the delegation said, but proportionally it had increased less than those in the private schools. However, the Government would take appropriate measures to correct the situation. In the Flemish region only contractual teachers lost their jobs and not teachers who were permanently employed. The cut in contractual teachers took place in the 1980s because of the reduction in the number of pupils.
The policy on multiculturalism had been confirmed by the July 1999 law in which cultural diversity was encouraged to include the under-privileged as well as communities of foreign origin, the delegation said. The Government recognized that new links with citizens would create new solidarity. In addition, the Government had been supporting artists and the participation of the population in cultural activities. A new project on cultural participation had also been established in order to promote artistic activities.
The Walloon region was supporting field initiatives designed to ensure that foreigners and persons of foreign origin acquired a better knowledge of the language and the culture together with the development of intercultural practices, the delegation said. While supporting the social and economic integration of foreigners and persons of foreign origin, the Walloon region was also helping them to develop their identity. In the Flemish community, the measures taken included making funds available for cultural activities and putting in the infrastructure by the authorities with a view to encourage the greater participation of the population in cultural life.
The recreation and participation in cultural activities of older persons in the three communities were handled by about 50 associations scattered throughout the country, the delegation said. Cultural activities were organized for the elderly, including visits and travel. In addition, in 1997, the federal Government and the Community and regional authorities had signed a protocol concerning the health policy to be followed with respect to the elderly. The protocol would give priority to enable elderly people who so desired to remain as long as possible in their own family environment and to be cared for.
There were not many women in the higher echelon of public sector and the Government was trying to improve that situation by encouraging women to take active part in public affairs, the delegation said. The number of women in the public sector in general was less than that of men. Under the group age of 50 to 60, the number of women was even lesser.
The 1994 law had protected the copy rights and the artistic performances rights of audiovisual, radio and television works, the delegation said. It also provided compensation funds for loss of copy rights. In order to ensure the rights of authors in all branches, the creation of associations were suggested in order to receive funds from the compensation fund.
In conclusion, the delegation said that Belgium needed the support and solidarity of the international community in order to tackle the problems of paedophilia, child pornography and child prostitution which were part of foreign networks.
* *** *
24th session
20 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning concluded its consideration of a second periodic report of Belgium on how that country was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
The Committee will issue its concluding observations and recommendations on the report of Belgium at the end of its three-week autumn session which concludes on 1 December.
Over the course of their consideration of the Belgian report, Committee Experts queried the delegation about whether elderly people had access to educational and cultural activities; why the manufacturers of music compact disks and cassettes paid taxes instead of the owners; about the social housing policies; and why there was a difference of salaries for teachers in the Flemish community, among other things.
The Belgian delegation, after answering questions raised by Committee experts, concluded by saying that Belgium needed the support and solidarity of the international community in order to tackle the problems of paedophilia, child pornography and child prostitution which were part of foreign networks.
Belgium is among the 143 States parties to the Covenant and as such it must submit periodic reports to the Committee on its efforts to give effect to the provisions of the treaty. During the three meetings, an 8-member Belgian delegation was on hand to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes at 3 p.m., it will first hold a private discussion on the draft conclusions on the report of Belgium before meeting in public at 4 p.m.
Discussion
In response to questions raised at the previous meeting, the delegation said that the duration of maternity leave in Belgium was decided by the employer in collaboration with the enterprise's medical group; and the trade union was also consulted concerning the leave. The guaranteed maternity leave could be prolonged in case of sickness.
Children between 15 and 18 years of age had to continue their education while working less hours, the delegation said. Compulsory education being extended until 15, working children were obliged to continue their studies under they reached the age of 18.
An Expert said that material supplies for asylum-seekers at reception centres affected their human dignity. In the past, cash money was provided for such category of persons by the Belgian Government; however, its replacement by material assistance such as food and clothing was not comprehensible. The situation created by the introduction of new laws towards the conditions of asylum-seekers was grim. The Expert also asked about the situation of social housing in Belgium.
The delegation said that the Government had decided to introduce material aid to asylum-seekers because of their growing numbers. In October, the Prime Minister told Parliament that it was the only way to combat criminality in human trafficking. The decision to do so was the Government's and it was not based on any legislation. However, whenever an asylum-seeker was ill, the Government paid all the expenses of his or her hospitalization.
On the issue of repossession of inhabited houses by the Government to reallocate them for those in need, the delegation said that only the regional authorities had the power to do so. In some areas, some houses were kept empty for property speculation by some owners and real estate agents. The authorities of social affairs had to request the regional authorities in order that such houses be occupied by people without houses. The implementation of the law on solidarity in that matter was cumbersome. In addition, each region had its own code and policy on housing.
The delegation said that the housing policy was mainly in the hands of the regional authorities of Flemish, Walloon and Brussels-Capital Regions. Since October 1998, the Walloon region had a housing code aimed at achieving the right to decent housing by means of positive discrimination in favour of the neediest. In addition, new forms of assistance had been established for individuals in provision of transit accommodation for households in temporary difficulty.
An Expert recalled that in 1995, the Committee on the Rights of the Child had expressed concern that while unaccompanied minor asylum-seekers, whose requests were rejected, could stay in the country, at the age of 18 they lost their rights, including medical treatment. The Expert asked if there had been an improvement in the situation during the last five years.
Another Expert asked if corporal punishment was still maintained both in schools and in the family. With regard to the Flemish region, the Expert wanted to know about the high number of school absentees and if measures were taken to improve the situation. The Expert also asked how the State could ensure uniformity in educational systems in the different autonomous communities.
In a follow-up question, an Expert asked about the policies of Walloon and Flemish concerning social housing. The European Social Charter provided for accessibility to social housing for those in need, the Expert said.
The delegation said that the question concerning child rights of unaccompanied asylum-seekers was alarming. There had been a decision that such children had to be lodged in federal centres; however, no further details were available.
Belgium had a large sum allocated to health insurance, the delegation said; a series of measures had been taken on preventive methods in order to save money; and the Government encouraged persons to go to general medical practitioners before they visited a specialist.
Corporal punishment was prohibited in Belgium; in the Flemish regions, measures had been taken to reduce school absenteeism, but their impact had not yet been assessed; the degree of uniformity in educational standards could be guaranteed because of the fact that all the regions were applying the same European standards.
Experts continued to pose questions about whether elderly people had access to educational and cultural activities; why the Flemish community was not included in the positive discrimination provision in schools for foreigners in French language; why the manufacturers of music compact disks and cassettes paid taxes instead of the owners; and why there was a difference of salaries among teachers in the Flemish community, among other things.
An Expert said that the educational system of Belgium was ambivalent; since devolution of education to the regions, particularly in the German- speaking region, there had been cuts in teaching posts and the Expert asked for the reasons behind the problem; he wondered if the dismissed teachers received compensation.
Concerning adult education, the Walloon region was making its contribution to the exercise of the right to education by supporting field initiatives to help with homework and to prevent children from dropping out from school, the delegation said. In the Flemish community, apart from ordinary adult education, there were various other possibilities of second chance education, basic education and supervised individual study.
There was no reduction in teachers' salaries, the delegation said, but proportionally it had increased less than those in the private schools. However, the Government would take appropriate measures to correct the situation. In the Flemish region only contractual teachers lost their jobs and not teachers who were permanently employed. The cut in contractual teachers took place in the 1980s because of the reduction in the number of pupils.
The policy on multiculturalism had been confirmed by the July 1999 law in which cultural diversity was encouraged to include the under-privileged as well as communities of foreign origin, the delegation said. The Government recognized that new links with citizens would create new solidarity. In addition, the Government had been supporting artists and the participation of the population in cultural activities. A new project on cultural participation had also been established in order to promote artistic activities.
The Walloon region was supporting field initiatives designed to ensure that foreigners and persons of foreign origin acquired a better knowledge of the language and the culture together with the development of intercultural practices, the delegation said. While supporting the social and economic integration of foreigners and persons of foreign origin, the Walloon region was also helping them to develop their identity. In the Flemish community, the measures taken included making funds available for cultural activities and putting in the infrastructure by the authorities with a view to encourage the greater participation of the population in cultural life.
The recreation and participation in cultural activities of older persons in the three communities were handled by about 50 associations scattered throughout the country, the delegation said. Cultural activities were organized for the elderly, including visits and travel. In addition, in 1997, the federal Government and the Community and regional authorities had signed a protocol concerning the health policy to be followed with respect to the elderly. The protocol would give priority to enable elderly people who so desired to remain as long as possible in their own family environment and to be cared for.
There were not many women in the higher echelon of public sector and the Government was trying to improve that situation by encouraging women to take active part in public affairs, the delegation said. The number of women in the public sector in general was less than that of men. Under the group age of 50 to 60, the number of women was even lesser.
The 1994 law had protected the copy rights and the artistic performances rights of audiovisual, radio and television works, the delegation said. It also provided compensation funds for loss of copy rights. In order to ensure the rights of authors in all branches, the creation of associations were suggested in order to receive funds from the compensation fund.
In conclusion, the delegation said that Belgium needed the support and solidarity of the international community in order to tackle the problems of paedophilia, child pornography and child prostitution which were part of foreign networks.
* *** *