List of issues : Belgium. 17/02/95.
CRC/C.9/WP.4. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Ninth session
Pre-sessional Working Group
30 January-3 February 1995


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with the consideration
of the initial report of Belgium (CRC/C/11/Add.4)

General measures of implementation
(arts. 4, 42 and 44 (6) of the Convention)


1. Please provide more details about the process of preparing the report, in particular with regard to the involvement of non-governmental organizations and other concerned sectors of the population.

2. What further steps are planned for creating more widespread awareness among adults and children about the principles and provisions of the Convention?

3. Please indicate to what extent the provisions of the Convention other than article 12 can be or have actually been invoked in court.

4. Please provide information on measures taken to improve mechanisms for collecting statistical data and other information for evaluating progress achieved and any difficulties encountered in implementing the Convention.

5. Please indicate what proportion of the official budget is allocated to social programmes for children, at both the national and community levels. What indicators are available, and what objectives have been set?

6. To what extent is international cooperation designed in order to enhance the implementation of the Convention? What share of international assistance is devoted to programmes for children?

7. Is the Government planning to establish a mechanism at the national level to coordinate and evaluate measures for implementing the Convention?

8. Is specific attention given to the principles and provisions of the Convention in the training of professionals working with and for children, such as educators, judges, lawyers, police officers, prison staff, customs and immigration officers and social workers?


General principles
(arts. 2, 3, 6 and 12 of the Convention)


Non-discrimination (art. 2)

9. Please provide further information on the specific measures taken to combat discrimination against children belonging to minorities, foreign children, asylum-seeking children, refugee children and disabled children, including measures to eliminate and prevent discriminatory attitudes and prejudices.

10. Please indicate any measures taken to provide the children mentioned in paragraphs 75-78 of the report (especially children born of adulterous or incestuous relationships) with full enjoyment of their rights in conformity with the provisions of the Convention.

11. What steps have been taken to facilitate the integration of immigrants' children, especially in the schools and social services?


Civil rights and freedoms
(arts. 7, 8, 13-17 and 37 (a) of the Convention)


12. As regards freedom of thought, conscience and religion, how are the child's views taken into account in the decision whether to choose a church or a lay school? Likewise, how are the child's views taken into account as regards classes in religion or morality?

13. With regard to paragraph 150 of the report and respect for correspondence, to what extent is it acceptable for parents or those having custody of a child in foster care to censor a minor's correspondence? Likewise, how is that right guaranteed in establishments having custody of young people or in the youth protection system?


Family environment and alternative care
(arts. 5, 18 (1) and (2), 9, 10, 27 (4), 20, 21, 11, 19, 30 and 25 of the Convention)


14. In cases where a parent has been the subject of a measure of expulsion from the territory, please indicate to what extent the best interests of the child are taken into consideration. Likewise, can a minor be the subject of an expulsion measure?

15. In reference to paragraphs 211-216 of the report, on family reunification, please indicate what steps can be taken to avoid the exceptions laid down in article 10, (2) and (3) of the Act of 15 December 1980, in particular in the case of refugee children or refugee parents whose reunification would take over two years.

16. In view of the lack of obligation for prospective adoptive parents to have recourse to an adoption service (para. 254 of the report), what steps is the Government planning to take to avoid any situation that might lead to misuse of the adoption system?

17. Please provide further information on the measures taken to combat ill-treatment of children in the framework of the provisions of article 19 of the Convention.


Basic health and welfare
(arts. 6, (2), 23, 24, 26, 18 (3) and 27 (1-3) of the Convention)


18. Are there any studies or statistics on possible disparities by region or social category as regards infant and prenatal mortality rates?

19. Please provide information on methods of reimbursement of health care and medicine, and indicate whether children from families with modest or irregular incomes also have access to the social security or welfare system.

20. Please indicate what steps have been taken to ensure that children belonging to families of no fixed abode enjoy the rights recognized by the Convention.


Education, leisure and cultural activities
(arts. 28, 29 and 31 of the Convention)


21. Has the Government considered the possibility of including education on the rights of the child in school curricula, particularly in view of the recent proclamation of the United Nations Decade for Human Rights Education?

22. To what extent are children involved in school teaching plans? Do they take part in the running of the school?


Special protection measures
(arts. 22, 30, 32-36, 37, 39 and 40 of the Convention)


23. Please indicate what specific measures or procedures are in force or envisaged with regard to unaccompanied minors in order to guarantee their full enjoyment of the rights recognized by the Convention, especially as regards determination of refugee status, access to welfare and acquisition of nationality, as well as defence guarantees in case of an expulsion procedure.

24. Does the Government have any recent scientific studies available on juvenile delinquency which would provide an indication of its scale and causes?

25. In view of the fact that the death penalty has not been applied in Belgium since 1918, and that the Convention prohibits its application to persons under 18 years of age, is the Government considering the adoption of legislation abolishing the death penalty for children?

26. Please provide further information on the measures taken to ensure that minors are given effective legal assistance in the context of the system for the administration of juvenile justice.

27. When a child is deprived of his liberty, is he able to have contact with his family? How are detention conditions in custodial establishments for minors supervised? Do complaint procedures exist to deal with cases of violations of children's rights? What educational opportunities and health services are available in these establishments?

28. Please indicate the actual frequency of recourse to the procedure for relinquishment of jurisdiction mentioned in paragraph 63 of the report.

29. In view of the remarks made in paragraphs 458 and 459 of the report concerning the use of drugs, please indicate the follow-up measures undertaken by the Government in order to implement a coordinated policy for ensuring the physical and psychological rehabilitation and appropriate social reintegration of children addicted to drugs.

30. Please furnish additional information on the measures taken to prevent any form of sexual abuse of children. Is there legislation prohibiting the production, marketing and possession of pornographic material involving children? Can citizens be prosecuted in Belgium for exploiting children abroad for purposes of prostitution or other illegal sexual practices?


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Office of the United Nations High Commissioner for Human Rights
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