Reply to List of Issues
:
Belgium
.
04/05/95
.
. (
Reply to List of Issues
)
COMMITTEE ON THE RIGHTS OF THE CHILD
REVISED VERSION OF
WRITTEN REPLIES BY THE GOVERNMENT OF BELGIUM CONCERNING THE LIST OF ISSUES (CRC/C.9/WP.4) RECEIVED FROM THE COMMITTEE ON THE RIGHTS OF THE CHILD IN CONNECTION WITH THE INITIAL REPORT OF BELGIUM
(CRC/C/11/Add.4)
[Received on 4 May 1995]
*/ Annexes 1 to 13, in French and Flemish, are available in the Secretariat.
M/CRC/C/(FUTURE)
GE.95-16264 (95-95107/EXT)
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
General measures of implementation
(arts. 4, 42 and 44 (6) of the Convention)
Question 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.
In so far as the United Nations Convention on the Rights of the Child deals with matters of concern both to the federal State and the federated entities, the preparation and drafting of this report are the result of close collaboration between the various competent federal and federated authorities.
Mrs M.-Th. MEULDERS, Professor in the Law Faculty of the Catholic University of Louvain (CUL), and Mr E. VERHELLEN, Professor at the University of Ghent, also contributed.
For lack of time, it was not possible to submit a draft of the report to the various competent non-governmental organizations for the purpose of obtaining their views. However, aware of the importance which the Committee attaches to collaboration between the State and these non-governmental organizations, Belgium is examining the possibility of setting up a "permanent monitoring structure" (see reply to question 7 below) in which these non-governmental organizations might participate, on a temporary or permanent basis.
Question 2
What further steps are planned for creating more widespread awareness among adults and children about the principles and provisions of the Convention?
A.
At the federal level
The general publicity of the Ministry of Social Integration, in the areas for which that department is responsible, helps to make known the rights of possible concern to children. Accordingly, in as much as the social assistance legislation applies certain principles to be found in the Convention on the Rights of the Child, this constitutes indirect publicity for the Convention.
Thus, the brochure "The Organizational Acts of the CPAS in the Light of the Emergency Programme for a More Interdependent Society", published in February 1995 by the Minister of Social Integration, in the course of dealing with the coordination of various laws (organizational act of the public social assistance centres (CPAS) of 8 July 1976; the act of 2 April 1965 concerning administration of the aid granted by the public social assistance centres; the act of 7 August 1974 establishing the right to a minimum subsistence allowance), enunciates various principles contained in the Convention.
B.
At the Community level
In the French Community
The text of the Convention has been discussed in various presentations for the teaching inspectorate. Work has been done in several schools on the basis of this document. The full text of the Convention is to be reproduced in an internal publication of the Ministry of Education, Research and Training in which all foreign mission reports are also published.
Still on the subject of publicity, in 1993 there appeared a comic strip version of the rights of the child (Giliquet, Casteen, Walthery -
A la Decouverte des Droits de l'Enfant
[In Search of the Rights of the Child], Lombard). This was accompanied by the official text and a translation into language accessible to all. A fact file for teaching purposes has also just been published. Likewise, the exhibition
Democracy, Youth
includes educational displays on the Convention.
Moreover, in the French Community, in addition to the Delegate-General for the rights of the child, one of whose tasks is to dispense information concerning tie rights of young people, there are other services in the youth and youth assistance sectors responsible for making known and defending the rights of the child. These are the services for assistance in the community and, more particularly, the "Rights of the Young" and "Infor-Jeunes".
Since the Convention began to be implemented only relatively recently, the
German-speaking Community
has not yet adopted any specific measures to make the principles and provisions of the Convention more widely known. An initial measure involving the use of posters is being studied.
A decree of the
Flemish Government
, dated 30 November 1994, provides for subsidies to be granted to the Flemish Centre for the Promotion of Social Assistance for Children and Families.
As its name implies, the principal task of this Centre is to watch over the welfare of children and families in the Flemish Community. To this end, on an independent basis, the Centre performs,
inter alia
, the following partial functions:
1. To prepare, either at the request of the Flemish Government or one of its members or on its own initiative, policy guidance documents, opinions and recommendations concerning the policy to be adopted towards children and families.
2. To provide, at the request of the services and agencies entrusted with a specific mission as regards children and families, certain logistical and technical support, in particular by making available scientific research material and, where appropriate, by playing a coordinating and advisory role in the context of training and the exchange of information and experience.
3. In accordance with the needs of the interested services and agencies or their federations or supervisory organization, to make available, by appropriate means, the findings and conclusions derived from regular observation and the scientific research material, as well as from the analysis of requests for information and advice received from private individuals.
4. To establish a conceptual framework and a methodology and, where necessary, regularly to adjust them, in order to monitor the legal and social situation of children and families.
5. To contribute, within the sphere of competence of the Flemish Community, to the fulfilment of the obligations stemming from the Treaty on the Rights of the Child, adopted in New York on 20 November 1989.
6. To maintain functional contact with the national and international organizations active in the same field.
In the context of its terms of reference, the Centre intends to carry out the following programme of action in 1995:
1. To supply information concerning Belgium and the Member States of the European Union that is of importance for policy and relates, more particularly, to the following questions:
- the rights of the child in general;
- the participation of children;
- fulfilment of the obligation to report;
- the effects of the new family structures on the situation of children;
- the problem of street children in the industrialized countries;
- the protection of youth and special assistance for young people.
2. To provide technical support for the development of the preventive action undertaken by the committees for the social protection of youth, from the standpoint of the rights of the child and the participation of children, together with the provision and organization of appropriate training.
3. To provide advice and technical support for and contribute to the training of the workers in the Flemish Kinderrechtswinkel ("law bureaux for children,'):
- to draw attention to and develop important information concerning the rights of the child and pass it on to key partners such as Unicef-Belgium, Defence for Children International-Belgium, etc.;
- to advise an the importance of the information for the activities of these partners;
- to make important initiators in the social assistance sector aware of what the centre has to offer as regards:
monitoring
expertise
transfer
implementation.
4. To prepare the ground for the development of an observation model concerning:
(a) the experiences of children;
(b) children as an observation unit.
5. To support the authorities which bear reporting responsibility in connection with the Treaty on the Rights of the Child, in particular by advising on the reporting model and the sources of information available as regards the situation of children.
6. To maintain functional links with national and international organizations and to continue working for the establishment of a suitable network for the rights of the child.
The Centre is also responsible for compiling and keeping up to date a guide on the rights of the child. The brochure "Bijzondere Jeugdbijstand in Vlaanderen" (Special Assistance for Youth in Flanders), published by the Family and Social Assistance Administration, includes the text of the Treaty on the Rights of the Child.
The "Centra voor Ambulant Welzijnswerk voor Minderjarigen en Jongvolwassenen" and the "Centra voor Residentièle Opvang van Jongvolwassenen" also carry out general and specific missions enabling children and adults to be informed about the rights of the child.
It should also be noted that in the Flemish Community some centres and/or services (Centrum Rechten van het Kind; Kinderrechtswinkel; Kinder- en Jongferentelefoon; Vereniging voor Kind en Adoptiegezinnen) receive a non-regulated subsidy through the Family and Social Assistance Administration.
As regards the Kinderrechtswinkel ("law bureaux for children"), two have been set up in Bruges and Ghent. They organize a weekly service to which minors can turn for advice and, if necessary, legal assistance. The Kinderrechtswinkels have also developed courses for schools to acquaint pupils with the Convention.
Under the Royal Decree of 11 March 1974 organizing the granting of subsidies for activities designed to promote family education and encourage the development of family life and the training of persons responsible for family education, as amended by the Royal Decree of 14 and 17 November 1978 and the Flemish Government Decree of 28 March 1990, subsidies are allocated to various associations which, while concerned with the problems of youth, are aimed primarily at the parents (a.s.b.l. Katholieke Landelijke Jeugd; a.s.b.l. Confédération nationale des Associations de parents d'élèves; a.s.b.l. Centrum voor Jeugd- en Gezinsproblematiek; a.s.b.l. Studerende Jeugd; a.s.b.l. Familiegelukegeluk; a.s.b.l. Arbeidsvreugde). These subsidies are granted as the projects are approved.
Finally, several NGO'S, such as UNICEF, NDO and the Ligue des Familles, have taken initiatives designed to make the Convention known to the general public (for example, magazine articles, campaigns in the schools, etc.). Numerous such initiatives have been taken by private bodies to bring the United Nations Convention to the notice of the public.
Question 3
Please indicate to what extent the provisions of the Convention other than article 12 can be or have actually been invoked in court.
Since the Convention came into force, several articles have been invoked in court:
- articles 3 and 9 (see Ghent, 24 May 1993 and 14 June 1993 - -unpublished; court of Arlon, 4 February 1992, in:
J.T.
, 1992, 349);
- article 14 (see court of Liege, 13 June 1991,
J.L.M.B.
, 1991, 1287);
- articles 3 and 7 (1) (see Court of Arbitration, 14 July 1994, No. 6294, Guide des droits de l'enfant, vol. III.2, 45-46).
Of course, other provisions of the Convention on the Rights of the Child could also be invoked in court.
Question 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.
In the
French Community
, the Youth Assistance Administration has launched a huge Programme of investment in computerization aimed at collecting, at local and centralized level, more information concerning the circumstances justifying the intervention of the specialized bodies with regard to young people in need of assistance and their environment (profile of their background and charting of the available social responses). The aim is to compile relevant statistics which will be closely integrated with the programming of the entire spectrum of institutions. However, the implementation of this programme is encountering budgetary difficulties, which are holding up the purchase of equipment, and a shortage of human resources, which is handicapping the collection and processing of the data.
At present, certain statistical data from the juvenile courts and from the youth assistance and legal protection services are being collected and reproduced in the Administration's annual report, a copy of which for the year 1993 is appended at Annex 1.
In the
German-speaking Community
, the DKF (Dienst für Kind und Familie) collects all the data on births, infantile mortality and infant health.
The Government has just begun drawing up a social report containing detailed information an poverty and the social situation in the German-speaking Community, several aspects of which will relate to children.
Question 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?
A.
At the federal level
As regards the Ministry of Social Integration, except for advances on maintenance benefits, where the federal State reimburses the local public social assistance centres for advances made on their behalf which are considered irrecoverable (90% of a maximum of BEF 4,000 of monthly advances per child), there is not, strictly speaking, a budget for social programmes for children (see table in Annex 2). In fact, at budget level, it is solely a question of the minimum subsistence allowance (minimex), which has a global budget, and of social assistance, whose budget is broken down between the reimbursement of Belgian poor not on the population register for the costs of treatment and the reimbursement of the cost of social assistance (in general) for non-Belgian poor, until such time as they are enrolled in the population register.
The stations in which the federal State reimburses the public social assistance centres concern the population in general, including children forming part of the families assisted.
Minimum subsistence allowance
At best, it is possible to detect the presence of children, in particular in connection with the minimex, through the rate granted for a "single parent with dependent children" (see table). in the data supplied by the Ministry of Health with a view to a grant, the rate for spouses living under the same roof does not indicate whether or not children are present.
Furthermore, as far as the minimex is concerned, beneficiaries under 18 years of age can also be identified (see table). Thus, it is possible to arrive at a global result comprising (see table):
- pregnant minors;
- unmarried men and women with one or more dependent children;
- minors emancipated by marriage.
Social assistance
As regards reimbursed social assistance costs, the only element that can be isolated is the total amount reimbursed for the equivalent of the guaranteed family allowances granted by the CPAS when the persons concerned have no legal entitlement (see table).
B.
At the Community level
In the
French Community
, the budget of the ONE for 1995 is 4.8 billion Belgian francs, plus 6.1 billion allocated to miscellaneous expenses and grants related to child policy.
The Youth Assistance Administration has a budget of 5,577.3 million for financing the implementation, by the private sector, of general preventive measures and specific individual intervention measures with respect to young people who are in danger or difficulty or have committed acts qualifying as offences. This represents about 18% of the total budget resources of the Ministry of Culture and Social Affairs of Belgium's French Community.
A copy of the decree containing the general expenditure budget of the French Community for the budget year 1994 is reproduced in Annex 3, together with an extract from the draft decree for 1995 (relating solely to the Ministry of Culture and Social Affairs which is responsible for assistance for young people).
For the year 1995, 5% of the official budget of the
German-speaking Community
has been allocated to social programmes on behalf of children; 62% of the budget is devoted to education.
The Flemish Community's general budget of expenditure relating to the programme 41.1 (youth) can be found in Annex 4. All this expenditure has been allocated to socio-cultural programmes on behalf of youth (budget total: BEF 1,239,900,000). As regards the indicators requested, reference should be made to the VRIND (Flemish Regional Indicators, 1994 edition, pp. 132-135).
With regard to education, the 1994 budget for young people under 18 years of age amounts to 182,425.8 million Belgian francs. Thus, the appropriations for higher education and the various forms of adult education are not included.
The 1995 budget for the whole of the special youth assistance sector amounts to 5.5 billion Belgian francs. A large proportion of this budget (350 million Belgian francs) is allocated to wages, maintenance costs, pocket money and operating costs.
Preventive social measures intended to organize assistance designed to improve the resources of the minor and his or her family (art. 71 (1) of the Flemish Government Decree of 17 July 1991) are receiving subsidies amounting to about 9 million Belgian francs.
The following scientific and renewed projects are also being subsidized (about 5.6 million Belgian francs):
- Teledienst Kinderdienst
- Habbekrats
- Centrum Ambulante Begeleiding Ghent
- VUB Studiedag
- Contactcomité
- Kindertelefoon.
Subsidies worth 40 million Belgian francs have been provided for the agreements concluded with Oikoten, ZIB and crisis foster families.
The cost of the following prevention campaigns is also provided for in the budgets:
- Immigrants Limbourg
- Immigrants Ghent-Eeklo
- Immigrants Antwerp
Support teams in these regions encourage the parents of young immigrants to call upon the assistance services if educational problems arise.
- Free Clinic
An agreement designed to help educators and management develop an anti-drug policy within the special youth assistance agencies.
- VAD Brussels
An agreement in support of the anti-drug policy throughout Flanders.
- "Thuis in schoolwerk" campaign
To make parents and schools aware of the importance of the relationship between school and the family environment.
- a.s.b.l. Leefsleutels voor jongeren
A pilot training project for educators in the agencies based on the quality of life of the young.
- Special interest taken in the Convention on the Rights of the Child by the committees for Hal-Vilvorde, Bruges and Ostend, where a number of advisers have followed a course on the rights of the child at the University of Ghent and are receiving support in the field.
Finally, the receipts of Kind en Gezin for 1993 (6,723,000,000 Belgian francs from endowments, parents' subscriptions, etc.) have been spent as follows:
Provision of care (consultations, home visits, etc.)
BEF 997,700,000 15.3%
Grants (KOK, KDV, CHL, etc.)
BEF 4,857,700,000 74.5%
Quality control
BEF 128,400,000 2.0%
(administration BEF 533,300,000 8.2%)
Question 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?
A.
At the federal level
To combat illiteracy, malnutrition and disease affecting children is to attack both the symptoms and the causes of poverty. indeed, studies and experience have amply shown that malnutrition, disease, violence directed against children and precarious conditions of existence are not only symptoms of poverty but also its cause. Malnutrition and disease undermine a child's performance at school and at work and then reduce its adult potential. Poverty is a vicious circle, being carried over from one generation to the next, since poor living conditions breed poverty and, conversely, poverty restricts the possibility of improving living conditions.
Consequently, every development process should aim to break this vicious circle of poverty and transform it into what has been called a virtuous circle.
This implies an integrated development strategy designed to enable the disadvantaged to benefit from both a fair distribution of growth and effective social services.
As regards aid for children, Belgian cooperation follows the current trend of international thinking on development, namely that efforts to reduce poverty should be based on an integrated development strategy within which the specific and sectoral strategies are closely interlinked.
This concern with integration is reflected in the special attention which in recent years Belgian cooperation has paid to questions relating to women's role in development, the environment and human rights by treating them as trans--sectoral elements of a global development policy.
Similarly, it would seem essential not to consider aid for children in isolation, but to make it part of a set of interdependent strategies.
This means, in particular, that improving the condition of children, both in the third world and at home, requires that special attention be given to girls and women. In fact, there are numerous studies that demonstrate the leverage effects of a development policy that promotes young women's education and health. In return, a development strategy aimed at improving the condition of women in the third world - in particular, by facilitating their access to education, family planning and health care - must form the basis of any improvement in the life of future generations.
Thus, Belgian cooperation is becoming ever more concerned with introducing a participatory type of development, within which increased attention must be paid to the interests of the players involved in the development process and its beneficiaries. As for aid for children, it means taking into account the essential needs of a quarter of the world's population. It also means taking into account the situations actually experienced by children and adolescents as expressed by the young people themselves.
What are the strategies of the projects and development programmes?
First of all, it should be pointed out that the General Administration for Cooperation in Development (AGCD) participates in international and world conferences concerned directly or indirectly with children, such as the 1990 World Summit for Children, the 1992 Rio Summit, the 1995 World Summit for Social Development and the 1995 World Conference on Women.
In 1990, Belgium signed the Declaration and Plan of Action adopted at the World Summit for Children. Although Belgian cooperation has no specific action plan on behalf of children alone, it nevertheless has to its credit several projects and actions on behalf of children in the third world.
Of the following two such initiatives, one involves indirect bilateral cooperation and the other multilateral cooperation.
Under the indirect bilateral cooperation initiative, either volunteers are sent via nongovernmental organizations or projects prepared and partially funded by Belgian NGO's are co-financed, in which case the AGCD contributes 75%.
In 1994, in the context of indirect bilateral cooperation, the AGCD co-financed 20 projects with disadvantaged children as the target group. These projects, mostly in urban or urban-fringe areas in Latin America, were carried out by Belgian NGO'S, in collaboration with a local NGO.
Although these projects may have similar objectives - in each case it is a question of improving children's living conditions - the activities carried out differ from one to another. Some of the projects are relatively classical in conception for example, they may involve giving children technical vocational training, improving the care of handicapped children or helping street children. Others are more innovative, as in the case of a project linked to the prevention of maltreatment. This is a pilot perinatal mental health project whose purpose is to influence, through bodily relaxation techniques, the somatic and mental experience of pregnancy in women "at risk". This should help them to come to terms with their bodily image and develop their capacity to establish a proper bond with the baby they are carrying.
Another example of a more "classical" project is offered by an NGO project, co-financed by AGCD, in support of working street children in Paraguay. The target group for this project, which began in 1993, is the 25,000 children who work on the streets of Asuncion, the Paraguayan capital. As well as seeking to improve the children's living conditions, the project also aims to upgrade their status as child workers by organizing activities which enable the children to obtain a certain social recognition.
It should be noted that these 25,000 working street children represent 7% of the total number of children living in Asuncion. Their average age is eleven and a half. Some 83% of these little workers are boys. Although there are fewer girls, their numbers are increasing, by 5% in 5 years. This increase can be attributed, in particular, to the deterioration in family purchasing power. Families can no longer count on the girls to do the housework since they need extra income. It should also be noted that if there are more girls on the streets, it is because they have not been able to find any paid housework, the market being saturated.
The street children work as pedlars or shoeshine boys, wash windscreens and guard cars; half of them work for more than ten hours a day. Only 16% of the children claim to earn the minimum daily wage for this hard and ill-paid work. The working conditions are the same as those of the adults with whom they compete. Moreover, because they are minors and informal activity is subject to restrictions, the children suffer harassment from their adult competitors who regularly report them.
To find an answer to these distressing problems, the project relies upon a local NGO already active in the area of support for street children. The project finances a team of 7 educators belonging to this Paraguayan NGO.
The project team has opted for a participatory approach: if the living conditions of a working street child are to be improved, he must give his consent. Starting from this basic principle, the project has organized the children into vocational groups which work to defend their own interests. These groups include, for example, the shoeshine boys, the tea sellers, the newspaper sellers, the car watchers, and the fruit and vegetable pedlars. One important task for the project was to have these groups recognized by the authorities and by other trade associations. To achieve this end, the project team endeavoured to make public opinion aware of the problem of the working street children, in particular by establishing relations with organizations working in the same environment. Thus, contact has already been made with the taxi drivers' association, the municipal police and the market users' association.
Another important project activity has involved placing a working capital fund at the disposal of these groups. This has made it possible to grant small loans for the purchase of shoeshine kits, barrows, coolers and other equipment the children need for their work.
Those in charge of the project have also established relations with an association specializing in the defence of minors. Such collaboration is essential in as much as legal support is indispensable to defend the children from the many abuses to which they are exposed.
Another aim of the project is to make the children aware of their own situation. Training sessions are given to held the children understand how their society works and how they can best establish social relations with the groups with whom they come into contact.
The project is currently developing a system of support for school attendance and better health. A homework school has been set up for working street children and health education courses are being given, in particular in order to prevent the spread of AIDS and drug abuse. In 1993, the partner NGO took steps to enable children who so wished to take baths. Several institutions and companies have placed their infrastructure at the disposal of the NGO for this purpose.
So far, the project in aid of the working street children of Asuncion has been a success and it seems likely, considering the support provided by the authorities in Asuncion, that its viability is ensured. We hope that, in a few years time, the AGCD will be able to evaluate the progress made by these children and see what sort of adults they have become.
In the context of direct bilateral cooperation, Belgium is also carrying out several health projects within which children receive special attention. Here, Belgian cooperation aims at a global approach to development. In particular, these projects involve the integration of material and infant health care.
As regards aid for children within the framework of multilateral cooperation, Belgium is contributing to the budget of multilateral financial cooperation funds and programmes, in particular UNICEF. In 1994, the Belgian contribution to UNICEF was 80 million Belgian francs. Since 1991, part of the contribution to UNICEF, namely 15 million Belgian francs, has been allocated each year to a regional project for combating iodine deficiency in the Andean countries. The aim of this programme is to iodize household salt so as to reduce the levels of endemic goitre and cretinism, two diseases linked with iodine deficiency.
At present, the programme covers several regions of Colombia, Venezuela, Bolivia, Peru and Ecuador.
In reality, it began in the eighties in the form of a bilateral project with Ecuador. When, in 1993, an expert appraisal confirmed the success of the programme in Ecuador, it was decided that UNICEF and Belgian cooperation could extend their methods to the rest of the Andean countries.
In fact, the project team has devised a public health methodology which instead of taking a curative approach to endemic goitre and cretinism treats them as disorders resulting from a combination of factors, in particular iodine deficiency.
In order to determine the population at risk, the doctors, with the support of the teachers, made a qualitative study of salt consumption among children of school age. The children were shown two different types of salt and had to indicate that which was used at home. The results of this study revealed that more than half the population was not eating iodized salt. The project then contacted the salt manufacturers in order to have them iodize their salt in accordance with the legal norms. After confirming that the domestic production of iodized salt was sufficient to meet the needs of the population, the project team prepared an extensive information, education and communication campaign, stressing the benefits of eating more iodized salt, especially for pregnant women. In order to carry out this campaign, the project team had to rely heavily on the media and the teachers. In addition, 4,000 teachers were trained to monitor their pupils' consumption of iodized salt.
The results were convincing since, in 1993, it was found that more than 96% of the children were eating iodized salt. Although the statistics are not yet available, it has also been found that there are no longer any cases of cretinism among children less than four years old and that there is likely to be a further significant decrease in the incidence of endemic goitre in the region.
It should be noted that this programme has met with such success that consideration is now being given to extending it to combat iron and vitamin A deficiency. The target group for this programme will be pregnant women and children.
This project confirms the effectiveness of an integrated development strategy when, in order to solve certain problems, it is necessary to address the global context.
B.
At the Community level
In the
French Community
, where international cooperation in the field of education is concerned, the work of CONFEMEN (Conference of Ministers of Education in French-speaking Countries), which, in July 1994, included basic education among its priorities, deserves to be singled out. In its final declaration the Conference recommended the implementation of the following priority programmes:
"- the democratization and decentralization of education, in particular through the development of a dynamic partnership centred on the school;
- the financing of schools, the expansion of the infrastructure and the coordination of aid;
- the improvement of school management and the development of institutional capabilities;
- the planning and evaluation of education;
- the education of girls;
- the redefinition of school objectives and curriculum reform;
- the production of teaching material and textbook publishing;
- the motivation, training and guidance of schoolteachers."
At this Youndé Conference, the CONFEMEN Ministers of Education decided "to place basic education at the centre of their concerns and their actions since basic education alone is capable of meeting fundamental educational needs. It should enable every individual truly to participate in the working life of his country by enabling him to play an effective and responsible role in its economic, social and cultural development."
Also in the French Community, the year 1992 saw the beginning of the operation "Children in War" which was intended to help child war victims, especially those from the former Yugoslavia. This operation was organized within a framework recognized both by the Belgian authorities and those of the former Yugoslavia.
The children were temporarily withdrawn from the conflict with their own consent and that of their parents and the Croatian and Bosnian local, federal and government authorities.
The Delegate-General for the rights of the child intervened to make certain that, if it proved necessary to accommodate young children temporarily in Belgium, everything was done to ensure that they were received under the best possible conditions (selection and supervision of volunteer host families, maintenance of contacts with the child's own family, etc.).
Question 7
Is the Government planning to establish a mechanism at the national level to coordinate and evaluate measures for implementing the Convention?
In this context, several preparatory initiatives have been taken in Belgium.
First of all, there is the "Baudouin Pringier" working party which was set up in the Ministry of Justice (1990-1991) and consisted of representatives of various departments and several non-governmental organizations. The task of this working party was to examine the feasibility and the establishment of a permanent monitoring structure for all the human rights instruments to which Belgium is party.
The activities of a working party set up by the King Baudouin Foundation during this same period also deserve mention. This working party concentrated more specifically on monitoring in the context of the Treaty on the Rights of the Child. It made several proposals aimed at associating society in general actively, constructively and structurally with the problems of the rights of the child for the purpose of monitoring observance of the Treaty. Thus, the working party was of the opinion that, by analogy with the international Committee on the Rights of the Child, it might be possible to set up a national committee in each country. Such committees might conceivably also be set up at every important political level, from national to local.
This working party also proposed various alternative models of the procedure for monitoring children's living conditions and, at the same time, observance of the United Nations Treaty:
- the State prepares the report (as required by the Treaty); a permanent monitoring body makes a close study of the report and suggests critical questions to the international expert committee responsible for ensuring that the Treaty is respected;
- the State prepares the report and, after reading it critically, a permanent monitoring body suggests improvements in the report and in children's living conditions;
- the State prepares the report and invites a permanent monitoring body to propose improvements in the report and in children's living conditions;
- the State invites a permanent monitoring body to keep a close watch on children's living conditions (thereby creating a parallel with the Commission at the international level) and to collaborate in preparing the report;
- within a State party to the Treaty, such a structure could be envisaged at different levels of authority.
In this connection, there arises the question of the quality criteria which these bodies must meet if they are to last and have the authority necessary to ensure continuous concern for the child in the country in question and the strengthening of the social position of children. Whatever the precise model, it is a question of the quality of the monitoring as both process and product. In fact, the monitoring of children's living conditions is a
sine qua non
if those conditions are to be improved. Moreover, the obligation to submit a report, which involves drawing up a balance sheet at a given moment of time, could not otherwise be fulfilled.
If a structure is to be capable of performing the above-mentioned functions, it must meet very strict quality standards. The King Baudouin Foundation working party paid special attention to these quality requirements in the context of an inquiry. In its final report, the working party formulated a number of genr of genr of genr of genr of genr of_ at the initiative of the Ministry of Justice, in 1993 a meeting presided over by Mr Dufour, Deputy Principal Private Secretary, was held in the presence of representatives of the federal Government and the Communities with a view to establishing a permanent monitoring structure.
Question 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?
A.
At the federal level
Matters within the competence of the Minister of Social Integration are handled by the local public social assistance centres or, more precisely, by the case-workers. Accordingly, specific attention should be given to the principles and provisions of the Convention during their basic social worker's training (in the schools for case-workers for which the respective Communities are responsible), as well as during their training within the centre.
There is no specific training for immigration officers employed by the Aliens Office, but they are reminded that they must scrupulously respect the provisions of the Convention on the Rights of the Child when the alien is a minor within the meaning of the Convention.
B.
At the Community level
In the
French Community
, for trainee teachers, who must complete three years of study in a teacher training college (IESP), there are various courses or activities which afford them an opportunity to familiarize themselves with and reflect critically upon the text of the Convention and its implications. These include courses in pedagogy, history and institutions, supplementary activity periods, and teaching practice.
In the
German-speaking Community
, there is no university training and, at the non-university level, only training for primary schoolteachers and registered nurses. At the secondary education level, there is a section that trains educators. In all these cases the subject of the rights of the child is dealt with.
In the German-speaking Community, there are few training initiatives for professionals already working with children. As regards the training of teachers in post, certain aspects of the rights of the child receive regular attention, such as non- discrimination in respect of foreigners, human rights in general, etc.
In the
Flemish Community
, the Centre for the Rights of the Child at the University of Ghent organizes post-academic training in the rights of the child for professionals. This annual course has been given since the academic year 1990-1991. It is intended for those who, in a wide variety of fields, have to deal with children in the course of their professional activities, both in a purely legal context (lawyers, judges (in the juvenile courts), public prosecutors, etc.) and at the broader social level (teaching, youth assistance, work on behalf of the young, etc.). The interaction between the legal and social norms relating to the rights of the child is often taken as the starting point for the training.
As far as content is concerned, this post-academic training has developed into a cycle extending over several years. Each annual module is based on a different aspect of the subject of "the Rights of the Child".
Over a five-year period the following topics have been dealt with:
1. The social position of children.
2. International regulations concerning the rights of the child.
3. The legal position of children in Belgium.
4. Monitoring of observance of the United Nations Treaty on the Rights of the Child.
5. The rights of children worldwide.
Students can enrol for this post-academic training every year. They may choose to follow the course for one academic year only. The courses are spread over ten Friday afternoons on an annual basis. Each course is introduced by an expert. Each year, 30 to 40 people take these courses, among them magistrates, police officers, educators, civil servants, etc.
It should be noted that, in addition to this university initiative, the ARGO (Community education) teaching project draws attention to the Convention in the context of pupil contacts, both during training and in service.
Finally, there is the
"article 12 working party"
(an informal working party concerned with the application of article 12) which has drawn up a training programme for magistrates. This training (six approximately three-hour sessions) is organized on a district basis with a view to helping magistrates to apply the law on the hearing of minors which has been in force since October 1994 in all Belgian courts. In particular, the training involves an initiation into the development of the child, how to speak with a child according to his age, etc.
General principles
(arts. 2, 3, 6 and 12 of the Convention)
Questions 9 and 11
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.
What steps have been taken to facilitate the integration of immigrants' children, especially in the schools and social services?
A.
At the federal level
In accordance with article 2 of the Convention on the Rights of the Child and the corresponding article of the Geneva Convention of 28 July 1951 relating to the Status of Refugees,
asylum-seeking
children are treated without discrimination of any kind during the asylum procedure.
This involves, in particular, the appointment,
ex officio
and at the administration's expense, of an interpreter speaking the child's mother tongue, enabling the child to be accompanied throughout the procedure by a trustworthy adult, and (as regards children under 16 years of age) being heard and having his application dealt with by specialized officials.
Refugee
children are protected from all forms of discrimination by the same international provisions which are implemented mainly by the federal, Community and regional ministers responsible for education, training, youth assistance, protection, social assistance, etc.
Moreover, general measures of various kinds are taken to combat any discrimination.
Some of these measures are intended to create awareness among the public at large. Thus, posters are regularly displayed in public places and may be obtained, free of charge, by any interested person. An intensive awareness campaign was conducted by the Centre for Equal opportunities and Anti-Racism at the time of amendment of the Act of 30 July 1981. This campaign was accompanied by efforts to involve the media. Following the campaign, the Centre noted a large increase in the number of telephone calls. These calls concerned both requests for explanations and complaints. In fact, some of the complaints came directly from children. Similarly, the Centre has arranged for spots to be shown on television and in cinemas. The press also carries anti-racist advertisements.
Apart from these measures intended to stimulate awareness among the general public, there are others which target a narrower audience, such as schoolchildren. These activities, carried out in the schools with the collaboration of the Communities, involve the dissemination of an anti-racism pamphlet distributed in the classroom, through youth movements or on individual request. This document includes the text of the law and tells people what to do if they are a witness to or victim of an act of racism. In general, the distribution of the pamphlets is accompanied by some event intended to provoke thought and discussion. Schools also participate in exhibitions of photographs arranged by the pupils on the subject of discrimination and racism. Some pupils have designed posters for display in stations, while others have done decorations for city trams and buses.
In particular, it is on the occasion of the international day for the elimination of racial discrimination that the schools bring this question to the attention of their pupils, some schools organizing activities which extend over one or more days. These varied activities (visits with immigrant families, talks, meetings with camp survivors and political refugees) are intended to encourage contacts and to enable people to get to know each other and understand the dangers of intolerance and racism.
Of course, these school initiatives vary according to the age and origin of the pupils. In the schools attended by children of foreign origin in the middle age bracket it is quite common for special language courses to be organized. Very often, depending on the number of pupils of foreign origin, the school is allocated extra periods and hence teachers who can concentrate on these pupils. Moreover, in the case of a growing number of schools, the various organizing authorities within a particular city have agreed to sign a non-discrimination pact. Under the terms of this pact, the schools undertake not to refuse pupils of foreign origin. This measure is intended to improve the integration of the pupils into the various establishments and thus avoid a "concentration" of students of foreign origin in any one school. Finally, at the initiative of several social services, private and public, homework schools have been set up in various establishments in order to assist children of foreign origin who need help with their homework or whose housing conditions are such that they cannot work in peace and quiet at home. Leisure activities are also organized in these homework schools.
B.
At the Community level
In the
French Community
, intercultural education, centred on the learner, his interests and his needs, is taking root in a wide range of soils. In accordance with a humanistic approach aimed at overthrowing the barriers of all kinds which divide people from each other, it endeavours to look at all knowledge and every opinion from a plurality of points of view.
Intercultural education cannot be taught; it is not a new course to be added to the existing disciplines, but a desire to reach beyond the ethnocentrism of the individual and approach each discipline along the broadest front.
In this way, the fears often aroused by the unknown yield to dialogue and understanding between "us" and "them".
Intercultural education is developing more especially at the primary level. By incorporating numerous teachers of languages and culture from the embassies (Greece, Italy, Morocco, Portugal, Turkey) into the schools, educational projects it is hoped, through bilateral cultural agreements, to replace language-of-origin courses, which sometimes lead to segregation, by genuine scholastic and social integration of children of foreign origin. Some 70 primary schools and 3 secondary schools in Brussels and Wallonia are currently participating in this process. The fact that they have no foreign staff is not preventing many other schools from giving their pupils an education with an intercultural slant.
Further training in the intercultural approach and intercultural communication is being systematically organized in accordance with a timetable spread over several years. It is being given in the schools themselves and involves the entire staff. In order to make possible an effective initial training, further training is also being offered to instructors in all disciplines in the teacher training colleges.
The Decree of 4 March 1991 on assistance for young people applies to all young people in difficulty or danger within the territory of the French Community, without any discrimination. Accordingly, the assistance available is also offered to the children mentioned in questions 9 and 11.
In this connection, the Youth Assistance Administration is currently participating in an inter-ministerial working party set up by the Federal Minister of Public Health, Environment and Social Integration for the purpose of studying the status of unaccompanied asylum-seeking minors. More particularly, this working party is examining possible solutions to the problems associated with the asylum procedure for these children, their shelter and care, their education and the subsequent follow-up arrangements.
The same administration has also taken an active part in an initiative of the Liege Youth Assistance Centre and the legal protection service of Liege aimed at finding an appropriate solution to the problems posed by the children of travelling circus people in transit through the Liege region. A brochure (Annex 5) has been widely circulated and a comprehensive report is being prepared.
In the
German-speaking Community
, some youth movements and adult education organizations have taken and are continuing to take initiatives to make the general public aware of the problems of discrimination against minorities and foreigners. Two years ago, the Minister of Education, in collaboration with continuing education organizations, launched a campaign to inform people and make them aware of the problem of prejudice against foreign individuals and peoples.
In education, the children of minorities, the children of foreigners, asylum-seeking children and refugee children are subject to the same rules and regulations as Belgian children. As regards the school enrolment of asylum--seeking and refugee children, the regulations concerning the recognition of foreign diplomas and courses followed abroad are interpreted with a great deal of flexibility. A written statement from the parents on the education received before entering Belgium is sufficient for enrolment at a corresponding level in the German-speaking Community.
Moreover, French-speaking primary schools with intensive courses in the German language are available in several localities. These schools are intended for, among others, the children of immigrants from Italy, Spain and African countries. The evening institutes (evening classes) also organize German language courses with a view to promoting the integration of foreign families.
Several initiatives have been launched by the continuing education organizations and receive grants from the Ministry to encourage such integration.
In the social services almost all the case-workers are bilingual (German-French), which simplifies contacts with families of foreign origin.
In the
Flemish Community
, with regard to disabled children, by organizing a public awareness campaign, in particular with the aid of the press, the Vlaams Fonds voor Sociale Integratie van Personen met een Handicap is endeavouring to combat discrimination against the handicapped, including disabled children, with the object of promoting equality and encouraging integration.
The integration of disabled children is also being encouraged through integrated education, where disabled children, with the necessary support, attend classes in an ordinary school. This, however, does not mean that special education is discriminatory. On the contrary, special education is in fact being allocated more resources than ordinary education. Special education also contributes to the integration of the disabled child into society.
As regards the children of immigrants and refugees, the department responsible for education in the Flemish Community is encouraging the various educational networks and establishments to associate themselves with and sign the non-discrimination pact with a view to facilitating the admission of the children of immigrants and refugees into the various schools. The text of this declaration is reproduced at Annex 6.
The main points of this declaration are as follows:
- all schools are invited to incorporate the "intercultural" aspect in their teaching project;
- the various educational networks will draw up an appropriate code;
- the intercultural aspect is to extend to all scholastic and didactic services;
- although the freedom of choice of school will continue to be guaranteed for all, the schools belonging to different networks within the same city or region will conclude agreements concerning admissions policy in order to prevent the emergence of so-called "concentration" schools;
- any concentration schools will receive special assistance in order to make them more attractive for native Belgians and thus promote dispersal and integration.
The "schoolwerkplan" defines the approach which ought to be adopted within the school in relation to the problems mentioned. As far as immigrants are concerned, it is a question of promoting integration without cultivating a ghetto mentality.
Moreover, in those administrative districts in which immigrants represent more than 5% of the population or in which there are at least 10,000 immigrants, an immigrant has been appointed to serve on the committee for the social protection of youth.
Where there are educational problems, no matter whether the assistance is statutory or provided on a voluntary basis, nationality never constitutes a discriminatory element. By analogy with the treatment of young Belgians, every judicial or extrajudicial measure taken in relation to young immigrants in the context of special youth assistance is recorded.
The establishment of regional and local integration centres for immigrants was regulated by the Flemish Government Order of 18 July 1990 defining the conditions of approval and subsidization, with a view to encouraging the participation of immigrants in social life in general. In his note providing guidance on social assistance in general, the Flemish Minister of Social Assistance pointed out that assistance activities on behalf of immigrants should be integrated in the multipurpose social centres.
As regards the implementation of immigrant policy within the framework of social assistance in general, at the end of 1992 the Flemish Minister of Social Assistance instructed his administration to determine how, in the process of giving concrete form to the orders implementing the decree an social assistance in general, the opening up of various types of activities to immigrants could be encouraged.
Communes which support integration initiatives in the context of local assistance for immigrants can draw on credits for combatting social exclusion. The Flemish Community will also see to it that at least 25% of the VFIK resources provided under the decree are allocated to projects targeted on immigrants.
For its part, Kind en Gezin recently arrived at the unambiguous conclusion that illegals should also receive basic care, it being a question of a fundamental right to health. Thus, illegals may turn to Kind en Gezin, anonymously if necessary, without risk of being reported to the authorities.
In order to improve the services for immigrants, since 1995 several intercultural workers have been employed by Kind en Gezin to assist with its operations (advice bureaux, home visits and team work).
Finally, Annex 7 contains the text prepared by the Sociaal-Cultureel Werk administration on the basis of the "1994 report - an inventory of immigrant policy - C.I.I.". The following measures deserve special notice:
- the decree on the subsidization of communal administrations and the Flemish community Commission (FCC) on youth policy management was approved an 9 June 1993. This decree calls for about 25% of the funds released for its implementation (BEF 550,000,000) to be shared out between the FCC and the communal administrations for which the youth action policy plan reflects the priorities of the Flemish Community, namely: "action on behalf of socially disadvantaged children and youth";
- in 1993, a priority measure was adopted in implementation of the decree of 22 January 1975 regulating the recognition and subsidization of special youth assistance organized on a national scale. This measure concerns, more particularly, the projects to increase the participation of young people and children of different ethnic origins.
Question 10
Please indicate any measures 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.
The general principle of the Act of 31 March 1987 was that of equality of the children, whether born in or out of wedlock. However, the Legislature made certain exceptions to this principle for reasons based on the interests of the child himself (thus, in the case of a child born of incestuous relations filiation can only be established with respect to one parent) or on the opposing interests of several people (case of the child born of an adulterous relationship). The system introduced by the Act of 1987 and the procedures applicable to these special situations are described in the report. Subject to these procedures, adulterine and incestuous children enjoy the same rights as other children.
Civil rights and freedoms
(arts. 7, 8, 13-17 and 37 (a) of the Convention)
Question 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?
By virtue of article 24 (1) of the Belgian Constitution:
"Education shall be free; all measures shall be prohibited; the punishment of offences shall be governed only by law or decree.
The community shall ensure free choice for parents.
The community shall organize a neutral education. Neutrality shall mean, in particular, respect for the philosophical, ideological and religious views of parents and pupils.
The schools organized by the government shall offer, up to the end of compulsory schooling, a choice between the teaching of one of the recognized religions and the teaching of non-denominational ethics".
In principle, the parents or anyone who has custody of a minor exercising their right of custody are entitled to make the basic choices concerning the education of the child, such as the choice of school, ideology, religion, etc., until he or she comes of age, i.e. reaches 18.
However, it is important to note the existence, in certain isolated cases, of a tendency to grant the minor the right to exercise certain rights on an independent basis in so far as the right is a personal one (which is clearly the case where freedom of thought is concerned) and where the age of the minor makes it possible to assume that he or she possesses the necessary powers of discernment (cf. the decisions of the magistrate's court of Ghent of 19 October 1988 and the magistrate's court of Wavre of 23 November 1989).
The problem is even more delicate when the minor is the source of disputes within the household. In fact, by virtue of the right of guardianship the parents are entitled to determine the religious and philosophical beliefs in which their children will be brought up. In the last analysis, the interests of the child must come first. In this context, reference may be made to the jurisprudence which has been in existence since 1909 (Court of Liege, 2nd Chamber, 5 May 1909) and, in essence, says that the rights of the child may override parental authority when the child possesses the necessary powers of discernment.
As regards young people over the age of 18, they are legally of age and thus may take independent decisions, possibly in consultation with the person who provides for their support.
A study by Professor Billiet (CUL) has shown that the choice of studies tends to be based on non-ideological criteria.
Question 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?
As regards respect for the correspondence of children in foster care, the French Community points out that there are special regulations applicable to this situation:
(a) article 12 (1) of the Decree on youth assistance of 4 March 1991 states that:
"any young person given shelter under a measure taken by a placement authority shall have the right to communicate with any person of his choice. Except where the competent judge decides otherwise, giving his reasons, any young person given shelter under a judicial protection measure shall enjoy the same right" and, according to article 19 (1) of the same Decree: "isolation shall not deprive young person of the rights referred to in this chapter".
(b) the draft general regulations of the group of public institutions of the French Community for the protection of youth in open and closed environments are very clear on this point. Under the heading "Rights of defence", they provide that "every young person shall have the right to communicate freely with his lawyer. The confidentiality of correspondence shall be absolute".
Under "External communications", they specify that "From the outset of placement, the confidentiality of correspondence shall be guaranteed".
"Steps may be taken to check mail which appears to contain something other than correspondence, (this refers to parcels, which are not inviolable under the Constitution).
This draft has not yet been drawn up in the form of an order and accordingly does not yet have the force of law. However, it seems to be respected in practice.
Apart from the provisions of the draft general regulations of the public institutions for the protection of youth, which provide that from the outset of placement the confidentiality of correspondence shall be guaranteed, the Youth Assistance Administration has submitted to its supervising minister, for signature, a draft circular to be sent to the private and public institutions responsible for sheltering young people in the youth assistance and youth protection sector. Based on article 16 of the Convention and the Erikson decision the European Court of Human Rights of 22 June 1989, the draft reminds these institutions that the universal right of inviolability of correspondence recognized by article 29 of the Belgian Constitution also applies to minors, whether or not in care.
The legislation of the
German-speaking Community
does not regulate these questions in the sense that those institutions and persons which have custody of young people in pursuance of a decision taken by a placement authority do not have the right to censor the correspondence of a minor. The child has the right to complain to the placement authority which must accord him regular hearings through its social services.
In the
Flemish Community
, by virtue of article 24 of the decrees concerning special youth assistance, coordinated on 4 April 1990, the juvenile court, when it takes a measure intended to protect a young person, may accompany that measure with additional conditions applicable to the minor himself and with additional obligations upon the parents. These additional conditions and obligations may relate, for example, to correspondence. Where necessary, the juvenile court must take into account the rules on correspondence laid down by the Flemish Government in connection with the recognition of the institutions.
In accordance with the provisions of article 11.D.5 of the Flemish Government Order of 13 July 1994 concerning the approval criteria and rules of subsidization for special youth assistance institutions, the organizations recognized must respect the fundamental rights of minors. The inviolability of the confidentiality of correspondence is one of these fundamental rights (article 29 of the coordinated Constitution).
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)
Question 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?
1.
At the federal level
I. The Act of 15 December 1980 on access to Belgian territory, residence, establishment and removal of foreigners distinguishes between four exclusionary measures: refusal of entry, order to leave the country, expulsion and deportation:
Refusal of entry
This involves an administrative decision taken by the authorities responsible for frontier controls before the alien has crossed the border and forbidding him from entering Belgian territory. Such a situation may arise when an alien presents himself at the frontier without a passport or a visa when one is required.
Order to leave the country
This involves an administrative decision whereby the Home Secretary or his representative (Aliens office) orders an alien who has been neither authorized nor admitted to stay more than three months or to establish himself in the Kingdom to leave the country. Such a situation may arise, for example, when a stranger stays on in Belgium after his visa has expired or when an asylum-seeker has his application rejected.
Expulsion and deportation
Under article 20 (1) of the Act of 15 December 1980 on access to Belgian territory, residence, establishment and removal of foreigners, the Home Secretary may expel an alien not established in Belgium when the latter has compromised public order or national security or has not respected the conditions placed on his stay, as provided for by law. When, under an international treaty, such a measure can only be taken after the alien has been heard, expulsion may only be ordered after the Consultative Commission on Aliens has given its opinion. The Consultative Commission on Aliens is responsible for advising the Home Secretary in the cases specified by law or by special provisions (article 32 of the above-mentioned Act of 15 December 1980).
However, some aliens can be expelled for one reason only, namely, for gravely compromising public order or national security. Among these categories of aliens, listed in article 21 of the Act of 15 December 1980, it is worth mentioning:
- aliens who have lived in the country lawfully and continuously for at least ten years;
- aliens who are the non-separated spouse of a Belgian man or woman;
- aliens who satisfy the legal conditions for acquiring Belgian nationality by choice or for recovering Belgian nationality.
If he has gravely compromised public order or national security, an alien established in Belgium may be expelled by the King, after obtaining the opinion of the Consultative Commission on Aliens (article 20 (2) of the above-mentioned Act of 15 December 1980).
Article 20 (3) of the Act of 15 December 1980 expressly establishes two limitations on the discretion of the Home Secretary and the King in matters of expulsion and deportation.
On the one hand, such exclusionary measures must be based solely on the personal conduct of the alien.
On the other hand, an alien cannot be taken to task for making lawful use of his freedom of expression or the freedom of association and peaceful assembly.
Expulsion and deportation orders include a prohibition on entering Belgium for a period of ten years (article 26 of the above-mentioned Act of 15 December 1980).
Apart from the safeguards provided by domestic law, in expelling or deporting an alien the Home Secretary and the King must respect the provisions of international conventions ratified by Belgium which guarantee certain rights to aliens, in particular article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
II. When an alien minor personally holds, in Belgium, a residence permit or a right to reside or settle in the country, granted either directly or indirectly (for example, in connection with family reunification), he shall retain that individual authorization or right of abode whatever the future situation of his parents with regard to their own right to stay in the country.
Thus, if an exclusionary measure is taken in respect of his father and/or mother, the minor may legally retain his residence permit or right of abode in Belgium.
On the other hand, if he cannot lay claim to any personal right or authorization, the minor's residence in Belgium will be determined by the situation of his parents. Accordingly, if the latter become the subject of an exclusionary order, the minor child will also be required to leave the country.
III. When an expulsion or deportation measure, within the meaning of the Belgian legislation, is contemplated, the family situation of the alien is taken into account.
When the person concerned has children who have Belgian nationality or the nationality of a member State of the European Union or were born in Belgium or arrived there at a very early age, expulsion or deportation on the grounds that that person constitutes a threat to public order can be envisaged only in special circumstances (very grave offence and a serious risk of recidivism).
If despite the family situation having been taken into consideration expulsion or deportation is ordered, children who in principle have permission to reside in Belgium or a right of abode may retain it on an individual basis. These children could stay with a third person. However, it should be borne in mind that they are subject to parental authority. Consequently, the parent(s) has (have) the right to take them abroad. In this case, article 19 (3) of the Act of 15 December 1980 nevertheless allows a right of return to Belgium after an absence of more than one year. A royal decree establishing the procedures for the application of this right of return is in preparation.
IV. Furthermore, when cases are being examined, the General Commission for Refugees and the Stateless always endeavours to treat family situations globally, without separating members of the same family, and to group their applications together when they arrive in Belgium separately. When a parent is refused the status of refugee, in principle his or her minor children suffer the same fate.
When an unaccompanied minor seeks asylum on his own, the interests of the child are taken into consideration in connection with the examination of his application which, however, remains subject to the Geneva Convention of 28 July 1951. Under article 118 of the Royal Decree of 8 October 1981 (as amended), upon confirming a decision to deny entry or abode taken by the Aliens office with respect to an unaccompanied minor asylum-seeker, the General Commission does not, in principle, order the latter to leave the country; in fact, the actual procedure for his possible removal must be determined by the Aliens office in conformity with the Convention on the Rights of the Child.
If a rejected asylum-seeker is removed from the country, then, in so far as they have not personally sought asylum, any accompanying children will also be removed. In these circumstances, the CPAS grant appropriate assistance by organizing a voluntary departure, providing only the assistance strictly necessary to enable those concerned to leave the country when a final order to leave the country has been served on the asylum-seeker.
Normally, the social assistance terminates, at the earliest, upon expiration of the order to leave the country. However, a candidate for refugee status who accepts this assistance to leave the country may, in principle, be granted social assistance up to the effective date of departure.
When in the case of a parent expelled with his child or children such measures are considered, the assistance is adapted to meet the situation.
In the specific case of the removal of a rejected minor asylum-seeker, reference should be made to the reply to question 23.
B.
At the Community level
In the
French Community
, the increase in the number of alien minors waiting for their presence in the country to be regularized or living in a state of illegality has led the Delegate-General to seek means of effective collaboration with the Director-General of the Aliens Office.
Thus, in each of these situations, the Delegate-General writes to the Aliens office in order to find out how the case is progressing.
The Delegate-General and the Director-General of the Aliens office meet regularly to consider the best way of dealing with these situations involving minors.
Question 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.
The sole purpose of the prohibition upon serial family reunification and the time limits on family reunification around one and the same person (article 10 (2) and (3) of the Act of 15 December 1980) is to prevent abuse.
Thus, if serial family reunification cannot, in principle, create an automatic right to residence, it is to prevent the following situation from arising. Two foreigners living abroad, whether or not married, having no ties with Belgium, employ the following strategy. After a divorce, where necessary, one of the two foreigners marries a foreigner living in Belgium and, through the automatic right to family reunification, is granted the right of abode in Belgium. Once this right of abode has been irrevocably recognized, he or she obtains a divorce. Next he or she marries or remarries the foreigner who remained at home and has the latter join him or her in Belgium. Without the prohibition on serial family reunification, the new spouse would benefit from an automatic right to family reunification. This is the abuse which the Legislature was anxious to prevent. However, if there is neither abuse nor fraud, the Home Secretary or his delegate will authorize family reunification. This is what would happen in the case of a boy reunited with his father at the age of five who, at the age of twenty, married someone who had remained behind in the home country. In these circumstances, the Minister or his delegate would waive the prohibition on serial family reunification to enable the wife to join her husband in Belgium.
In this connection, it should be pointed out that irrespective of the time limit established for subsequent family reunification around one and the same person and in the case of serial family reunification, the Home Secretary or his delegate can always grant a foreigner the right of abode when such a decision is justified by special circumstances of a humanitarian nature. Authorization is required only to prevent abuse. It would be granted, for example, to permit the reunification of a family of refugees after the statutory time limit had expired.
In examining applications for asylum, the Commissioner-General is not bound by the conditions and restrictions upon family reunification laid down in this article. The intention is to preserve the refugees, right to respect for family life which, it is assumed, cannot be exercised in their country of origin.
Consequently, and in conformity with the recommendations of the Office of the United Nations High Commissioner for Refugees (Handbook on Procedures and Criteria for Determining Refugee Status), the Commissioner-General authorizes the family reunification of refugees on a fairly flexible basis, without time limits, in connection with the determination of refugee status. In accordance with General Commission jurisprudence, this family reunification remains subject to verification of parental filiation between the child and the adult claiming family reunification and to verification of the intention of the child and its father and mother (or guardian), without the requirement of the existence of a personal fear of persecution within the meaning of the Geneva Convention of 28 July 1951 in respect of the child.
Question 16
In view of the lack of obligation for prospective adoptive parents to have recourse to an adoption service (paragraph 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?
A.
At the federal level
In connection with the ratification by Belgium of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (The Hague, 29 May 1993), a reform of the Belgian adoption legislation is currently being studied with a view to making it compatible with the provisions of the Convention. The intention is to undertake, over a period of time, an in-depth revision of the legislation with the aim of making the best possible provision for the interests of the child, in particular through the obligation to have recourse to approved agencies.
B.
At the Community level
In the
French Community
, the Youth Assistance Administration has for several years been lending support to the idea of introducing into the Belgian Civil Code a provision that would make adoption dependent on the prior verification of the individual suitability of the prospective adoptive parents.
Like other authorities concerned, it will defend this point of view within the working party set up by the Minister of Justice to examine the legislative measures which will have to be taken to enable the Hague Convention on Intercountry Adoption to be applied in Belgium.
In the
Flemish Community
, Kind en Gezin is urging the authorities to ensure the ratification of the Hague Convention on Intercountry Adoption of May 1993 and to incorporate the procedures and safeguards contained in that Convention into both national and Community regulations. It is also necessary to mention the F. Van der Wildt bill on the introduction of agreement in principle for adoption.
Questions 17 and 30
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.
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?
A.
At the federal level
Three new Acts have been adopted by Parliament this year:
I.
Act of 27 March 1995 inserting an article 380 quinquies in the Criminal Code
The essential object of this Act is to protect minors against "pink telephone" advertising (advertisements for services of an erotic, sexual or similar nature).
The new article prohibits all advertising:
(a) of offers of services of a sexual nature addressed specifically to minors or referring to services proposed either by minors or by persons purporting to be minors.
A more severe penalty is imposed if such advertising facilitates prostitution, immoral acts or exploitation for sexual purposes;
(b) of offers of services of a sexual nature where such services are furnished through a telecommunications medium;
(c) designed to publicise the fact that a person is engaging in prostitution or is facilitating the prostitution of others or is seeking to enter into contact with a person engaging in immoral acts.
The same penalties are provided for anyone using any advertising medium to instigate the exploitation of minors or majors for sexual purposes.
We should point out that, even before its entry into force (scheduled for 1 May 1995), this Act, in the form of a bill, has already had some effect. Many newspapers have anticipated the Act by refusing to publish advertisements of this kind.
It is now therefore for the Public Prosecutor's Office, which cannot remain indifferent to the signal given by the lawgivers, to see that the law is respected.
II.
Act relating to trade in human beings and to child pornography
In addition to the various innovations mentioned below, it should be noted that the existing law provides, in a number of situations, for severer penalties than those stipulated previously. Having regard to the importance of the profit motive in the perpetration of offences of this type, fines are systematically imposed as well as penalties of deprivation of liberty.
In broad outline, the Act's provisions are as follows:
(a) assistance to a foreigner to enter Belgium or to stay in Belgium, accompanied by the use of certain forms of coercion, threats or the abuse of certain vulnerable situations, becomes a criminal offence. Penalties will vary depending on whether the case is an isolated one or represents a habitual practice or an activity performed in association with others;
(b) whereas articles 379 and 380 of the Criminal Code introduced a distinction based on whether the "prostitutor" knew or should have known that the minor engaging in prostitution was less than 16 years of age, that distinction is no longer drawn in the new Act, which deletes article 380 of the Code;
(c) the specific charge of pimping has disappeared. However, the exploitation of immoral acts or of the prostitution of others remains a criminal offence;
(d) a specific offence of making premises available for purposes of prostitution at an abnormally high price is established. There is, however, no question of prosecution in cases of premises being made available for immoral purposes unless minors are involved;
(e) the closure of an establishment may be ordered for a period of one month to 3 years, without regard to the status of the person or persons concerned;
(f) the display, sale, letting or distribution of visual illustrations of sexual acts or pornographic positions involving or presenting minors aged less than 16 years is an offence. The same applies, of course, to commercial activities (manufacturing, importing, etc.) connected with the above;
(g) the simple possession of pornographic items as referred to above constitutes an offence if knowingly entered into;
(h) acts of exploitation of the immoral acts or the prostitution of others ("satisfaction of the passions of others") committed abroad, even where perpetrated by a foreigner upon a foreigner, can be punished in Belgium on condition that they constitute an offence in the country in which they were committed;
(i) the same applies to the most serious acts relating to the satisfaction of one's own passions (indecent assault, rape, etc.) provided that the victim is less than 16 years of age;
(j) a suit for suspension may be brought by the competent ministers before the court of first instance in the event of an offence against the social laws where there are grounds for supposing that acts of trade in human beings have taken place. The suit is decided upon after a hearing of the Public Prosecutor's Office;
(k) having regard to the implementation of the present Act, the right to bring legal actions is conferred upon a number of associations;
(l) an annual report relating to the implementation of the Act must be drafted for presentation to Parliament.
III.
Act on paedophilia
It is recalled that this Act relating to sexual abuses against minors originated in a petition which was circulated among the French Community and which, within a short period, gathered more than 350 000 signatures. The petition, which
inter alia
was submitted to His majesty the King, reflected a strong reaction on the part of public opinion and the present Act must therefore be regarded as being backed by a broad social consensus and therefore as having considerable importance.
The main provisions of the Act are as follows:
(a) The period for calculating the statute of limitations in the case of serious sexual offences against minors does not begin until the date on which the victim reaches the age of 18 years. This provision, which is consistent with developments in the laws of other countries (e.g., France), facilitates a better reaction by the victim's family (in cases of incest). As long as the child is under the direct influence of the perpetrator, he or she may not dare to bring a complaint. The resulting "loss of years" which previously occurred in the calculation of the statute of limitations needed to be corrected;
(b) A victim who is a minor may be accompanied as from the first hearing by an adult of his or her choice;
(c) The penalty for the offence of non-assistance to a person in danger is increased to one year; an aggravating circumstance is established where the victim is a minor, and the penalty in this case may be two years;
(d) A case of rape committed against a minor aged less than 10 years may be brought before a court of summary jurisdiction. The point of this measure is that it lightens the load on the Court of Assises;
(e) The magistrate is empowered to ban the paedophile (for a period of 1 to 20 years) from working in child education or from active participation in associations or institutions dealing principally with minors.
A similar ban may be placed upon an abuser who is interned while on probation during the conditional release period.
Paedophilia being an offence with a high recidivism rate, this specific ban is designed to limit the "structural" temptations to repeat the offence;
(f) Within the framework of the Conditional Release Act and the Social Protection Act, the views of a specialised service must be consulted. Any conditional release implies, moreover, that the individual in question must receive appropriate guidance or therapy.
B.
At the community level
In the
French Community
, a campaign against sexual abuses the victims of which are children, known as the "Article 34" (of the Convention on the Rights of the Child) Campaign, was launched in December 1993.
The campaign comprises three main elements: a "petition" component, an "awareness enhancement" component and a "prevention" component. A full account will be found in annex VIII.
As a supplement to the campaign for the prevention of sexual abuse led by the Prime Minister of the French Community, a pedagogical pamphlet has been distributed to all teachers working within the compulsory education system (primary and secondary schools).
In the
German-language Community
, the "group for the study of cases of ill--treatment of children" which has been in existence for over two years will be institutionalized as a working group within the new Council for Assistance to Young People. It will inform the Council at least twice a year on situations of ill-treatment and sexual abuse of children and will propose general prevention measures.
A first information and awareness enhancement campaign among professional members of the public health system (doctors and nurses) is under study.
Some members of the group are also to act as interlocutors and contact persons for professionals working with children who come across risk situations in the course of their work.
In the
Flemish Community
, when a case of ill-treatment of a child (behavioural problem situation), comes to the knowledge of the Care of Young People Committee, that Committee may refer the parties concerned to specialized services with a view to obtaining suitable assistance. If necessary, the Committee may, with the consent of the parties concerned, organize such assistance either by leaving the minor in his or her environment under appropriate supervision or by placing the minor in an appropriate establishment (guidance or care centre, institution, hospital) or else in a foster family (articles 3 to 12 of the decrees relating to special assistance to young people, as coordinated on 4 April 1990, and article 71 of the Decision of the Flemish Government dated 17 July 1991 regulating the organization and operation of special committees for the care of young people, social services for special assistance to young people, and administrative secretariats for the needs of committees for the care of young people).
Pursuant to article 22, paragraph 1, subparagraph 2, and article 27, paragraph 1, of the said decrees, the juvenile court judge may, in case of urgency, entrust the minor who is a victim of ill-treatment to a care or guidance centre or to an observation centre. In exceptional circumstances, the minor may be entrusted to a foster family, an institution or a hospital or, if he or she is 17 years of age, authorized to live on his or her own with appropriate supervision.
Towards the end of 1994, Kind en Gezin in collaboration with PIPPO published a brochure entitled ouder-zijn. Niet zo gemakkelik (Being a parent -- not always an easy task) . The brochure discusses, in a non-stigmatising and non--doctrinaire manner, the difficulties of having and bringing up children and explains to parents how they can, without too much frustration, succeed in having a good relationship with their children. The brochure also contains the addresses of Centres for Assistance to Ill-Treated Children.
On the occasion of the Article 34 Campaign launched on the initiative of the French Community, Kind en Gezin, ONE, FRB and CHOW participated in a press conference held at Zaventem Airport with a view to drawing the attention of the public at large to the problem of sexual tourism and child prostitution. Leaflets denouncing this form of child abuse were distributed at the airport in May and June.
Through the semi-public institution Kind en Gezin, the Flemish Community is subsidising five centres for the prevention of ill-treatment of children. The activities of these centres are of both a curative and a preventive nature.
Basic health and welfare
(arts.6 (2), 23, 24, 26, 18 (3)
and 27 (1-3) of the Convention)
Question 18
Are there any studies or statistics on possible disparities by region or social category as regards infant and prenatal mortality rates?
In the French Community, the Centre for Operational Research on Public Health (CROSP), a research unit within the epidemiology department of the Institute of Hygiene and Epidemiology, was established in January 1991 on the initiative of the Flemish Community and the French Community in order to provide them with scientific assistance in the management of their respective health policies.
The Centre deals with statistics relating to perinatal and infant mortality on the basis of data obtained from birth and death certificates.
These data furnish information relating to:
- the date and place of birth or death
- the sex of the new-born infant
- whether the birth is a single or multiple one
- the place of birth (home, hospital) and mode of delivery
- the birth weight and the duration of the pregnancy
- the condition of the infant at birth
- where applicable, the first cause of death
- the mother's age, nationality and place of residence
- the mother's condition during pregnancy.
The process of collection and recording of the data is unfortunately rather slow, which is why the data available at present relate to the year 1987. These data reveal some differences between geographical sectors.
However, given the small number of deaths recorded within one year, the figures must be interpreted with prudence.
The new birth and death certificates will make it possible to obtain data of a socioeconomic type (education, professional status) and to analyse social inequalities in terms of health with greater objectivity.
Besides this national information source, the two Communities also have access to data collected by the two bodies concerned with children - Kind en Gezin for the Flemish Community (see below) and ONE for the French Community.
Thus, in the French Community, the Births and Children Office (ONE) possesses a medico-social data bank containing data gathered by medical and social field workers when visiting the maternity hospital and the young mother's home and during consultations. As ONE does not have access to all maternity hospitals, these computerised data cover + or - 90% of births.
The data bank facilitates continuous monitoring of the quality of services and an evaluation of the impact of community programmes and awareness enhancement campaigns. One variable of the socioeconomic type has been introduced, namely, the mother's educational level. The data will be available at the end of 1995.
In the Flemish Community, Kind en Gezin has at its disposal only the birth and death rates without breakdown by region or social category (see the annual report of Kind en Gezin for 1993, annex IX).
Question 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.
A.
At the federal level
In the Belgian insurance system the principle is that the beneficiary pays for health services directly against a certificate specifying what treatment has been received and then applies for reimbursement to his or her insurance organization (except where a system of third-party payment applies).
The beneficiary is not always reimbursed for all fees and costs paid because coverage does not reach 100% in the case of all health services and because reimbursement rates are not applied on the basis of real cost but of tariffs agreed by representatives of the insurance organizations and of the healing practitioners, paramedical auxiliaries and hospital establishments.
For all services except day-to-day nursing care, the insurance for all beneficiaries covers 100% of the agreed fees and prices. However, the King may order that a personal share of the cost of certain services be made chargeable to the beneficiary.
As for day-to-day nursing costs, the insurance covers 75% for all beneficiaries other than widows and widowers, disabled persons, pensioners and orphans ("VIPOs"), for whom it covers 90% of the agreed tariff provided that their income and that of their dependents does not exceed an amount laid down by the King.
Pharmaceutical benefits cover both prescription medicines and pharmaceutical specialities (brand medicines).
The brand medicines covered by insurance are enumerated in a list issued by the King. The reimbursement (a percentage of the ceiling price of the medicine) is calculated depending on the medicine's social and therapeutic value. A preferential tariff is applied to VIPOs.
The personal share in the price of prescription medicines is expressed as a lump sum calculated depending on the medicine's social and therapeutic value. A Preferential tariff is applied to VIPOs.
The personal share in the costs of reimbursable brand medicines administered during a hospital stay is set at 25 Belgian francs per day of hospitalization for all beneficiaries. Other products are paid for in full by
the patient. The costs of prescription medicines are included in the price per day of hospitalization.
The patient's personal share during a stay in a general hospital varies depending on the duration of hospitalization and on whether the person concerned is a dependent child, a VIPO or a dependent of a VIPO.
The Belgian social security system is, in principle, applicable to all employers and workers bound by a work contract. Social security is applicable independently of the daily, weekly or monthly number of hours of work. The mode and form of remuneration are likewise without relevance.
The general social security system for wage earners is financed principally through contributions proportional to wages and shared between employers and employees, as well as through contributions of the State.
However, a person deprived of an income as a result of one of the risks covered by the system (unemployment, sickness disability, disablement, accident at work, occupational disease, pension) continues to be affiliated to the Belgian social security system.
In consequence, a child continues to benefit from family allowances even if the parent is unemployed or is receiving sickness disability benefits.
Furthermore, there exist in Belgium several non-contributory social welfare systems whereby certain persons, after an inquiry into their resources, are granted various benefits including family benefits (increased family allowances for handicapped children, guaranteed family allowances). These systems preclude affiliation to the general social security system.
B.
At the regional level
A service of medical assistance to illegal residents has recently come into existence in the Brussels-Capital region. The service was set up in response to an alarm sounded by doctors at a large Brussels hospital who were repeatedly faced with dramatic situations when delivering babies of illegal immigrant women.
Question 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.
A.
At the federal level
With regard to both minimum means of livelihood and social assistance or advances on child maintenance, the general rule since this legislation came into force is that the centre competent to grant assistance is the centre of the commune in the territory of which the person has his or her habitual and effective (as opposed to occasional or intended) residence, this being established through the social inquiry.
It follows, therefore, that in order to be able to benefit from assistance it is not necessary to be entered in any population or aliens register. For example, a person living in a caravan without being registered anywhere can still be granted the minimex or social assistance.
The exception to this general rule is that the competent centre must be that of the commune in whose population or aliens register or waiting register the person concerned was entered under the heading of "main residence" at the time of his or her admission to an establishment or private home in one of the categories referred to in the Act (example: reception centre). This is in no sense a precondition for the granting of assistance. If the person staying in such an establishment is not entered in or has been removed from a register, the general rule of the habitual and effective residence becomes applicable.
In the specific case of persons of no fixed abode, the competent centre for the granting of the minimex must meet the rules set out above. If, on the other hand, the point at issue is social assistance rather than the minimex, there is a special rule which provides that "social assistance granted to a person of no fixed abode shall be chargeable to the public social assistance centre of the commune of main residence, or, where there is no main residence, social assistance shall be chargeable to the centre of the commune where the person manifests the intention to reside".
Thus it is possible to grant the minimex or social assistance even to itinerants, people living on boats, etc. If necessary, their residence can be established on the basis of the "reference address" supplied.
In order to guarantee more fully the right of a person of no fixed abode to appeal to civil courts (labour tribunal), it is also provided that the labour tribunal shall, if necessary, determine the competent public social assistance centre having consulted the centre in question and subject to the possibility that the responsibility will eventually be taken over by another centre or by the State in conformity with the established rules.
Assistance to children belonging to families of no fixed abode is thus assured at all times.
B.
At Community level
In the Flemish Community, the problem of children of no fixed abode has been examined and forms the subject of a policy to be adopted (see annex X). The main lines of this policy are as follows:
- to guarantee the children's training;
- to grant suitable additional support to the teaching establishments concerned;
- to ensure that educational and apprenticeship support services have a wider margin for action;
- to release additional budgets to that end, and also to conduct an awareness enhancement campaign targeting all interested parties within the teaching profession;
- to ensure that various projects enjoy the authority's financial and political support.
Education, leisure and cultural activities
(arts. 28, 29 and 31 of the Convention)
Question 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?
In the
French Community
, various activities have been initiated with a view to making the Convention on the Rights of the Child known to the public (cf. question 2), but no special reference to the Convention is at present included in school curricula. It should be pointed out, however, that human rights teaching is incorporated in the teaching of several subjects (philosophy, history, current affairs, etc.) and there is nothing to stop teachers from extending the scope of their lessons to cover the rights of the child.
In the schools system of the
German-language Community
, a projected reform provides that, as a general rule, two to three hours per week shall be removed from the compulsory curriculum and devoted to more general subjects such as human rights, the rights of the child, awareness of present-day social problems (non-discrimination against foreigners, environmental problems, etc.), health education, etc. All UNICEF proposals to the minister of Education are transmitted to the schools and the schools are free to take up these topics in the appropriate classes. Last year, a UNICEF pedagogical dossier dealt with the topic of "rights of the child (human rights)".
In the
Flemish Community
, the Department in charge of education is not empowered to draw up school curricula in as much as this function forms part of the organizational responsibilities of the school themselves.
On that basis, the authority is at present endeavouring to define minimum standards with regard to educational results within each branch of the system. As this work is currently in progress, a definitive answer cannot be given. We should add that the Convention on the Rights of the Child forms an integral part of the curriculum (better known as "final terms) for the completion of secondary education in all branches.
"The subjects in question are priority topics which the authority wishes to define in relation to the schools system and which cannot be dealt within the framework of a single subject. One of these "final terms" which exceeds the scope of any individual branch is education in civism. Civism implies, in particular, a conviction based on values, and is also the result of attitudes such as tolerance, justice, concern for the general good, spirit of cooperation and sense of responsibility. An essential component of civism is knowing and endorsing Human Rights and Fundamental Freedoms as defined in various instruments."
Question 22
To what extent are children involved in school teaching plans? Do they take part in the running of the school?
In the
French Community
, after the development of a policy which established the preconditions for autonomous and responsible management by the educational establishments themselves, the decree of 9 November 1990 instituted, among other measures, the participation of members of the educational community of establishments within the French Community's schools system in participation councils. These councils are not expected to deal with details of the day-to--day running of the establishment but to discuss fundamental choices in specific areas with a view to developing a motivating, dynamic and forward-looking educational system and thereby furthering the process of decentralisation and greater autonomy.
Participation councils were made compulsory in 1991. They cover all levels of compulsory education, including CPMS, boarding schools and children's homes.
Their tasks are manifold but it should be noted that they are required to make proposals or formulate opinions concerning the establishment's pedagogical organization (elaboration and implementation of the establishment's own educational plan, range of study options and orientations, participation in school-related activities, organization of support to pupils in difficulties, etc.) and its material and administrative organization (adaptation and improvement of school premises, harmonization of social activities, etc.). They are also kept informed of the use made of operating funds assigned to the establishment and of any pedagogical experiments in progress. They collaborate in organizing out-of-school and school-related events and are associated with operations designed to promote the establishment.
Each council is composed of
ex-officio
members (direction of the establishment, director of CPMS), members elected by their peers (teachers, administrative staff, pupils), members delegated by their organization or association (trade union, parents' association, etc.), and outside personalities emanating from the local municipal council.
At the beginning of the 1993 school year there were participation councils in over 93% of all school establishments.
In non-university higher education establishments of the short or long type organized by the French Community, participation is instituted by the Executive's decree of 12 November 1991 which sets forth the organic rules governing such establishments.
As has been the case since 1977 in higher education of the long type, these establishments must henceforth have an advisory body - the pedagogical council -and decision-making bodies consisting, in essence, of an administrative council composed of members of the direction and the teaching staff representing the pedagogical council and recognized trade union organizations, members of the auxiliary teaching, administrative or supervisory staff, the technical and service staff, the students and former students (graduates) and outside personalities whose progression is connected with the studies pursued in the establishment. Some members are elected while others are appointed by the Minister responsible for higher education.
The task of the administrative council is to contribute towards the smooth operation, sound management and healthy development of the institution and the achievement of its training objectives.
Most of the secondary schools of the
German-language community
have a student council which delegates representatives to the school's board of managers.
A pedagogical reform based on the Iena Plan (Peter Petersen) system is in progress in several primary and secondary schools. Under this system the pupil assumes a more active role in the management of his study plan.
The Minister is envisaging a general teaching reform in accordance with this pedagogical system, which already occupies a very prominent place in teaching training.
In the
Flemish Community
, student participation is formally regulated only within the framework of the Community schools system (pluralist State education system). The rules governing the operation of local ARGO councils provide for the setting up of a student council in all of the system's higher secondary schools. The council is required to formulate views concerning "amendments to internal regulations, the setting of rules to govern out-of-school activities, modalities of organizing participation, and all other such matters as the school council may determine in its operating rules". The student council meets on average once a month. The rules of procedure also provide that the council must "guarantee that the students' position is duly taken into account on an objective basis" and that "the students are informed of their rights and obligations in this regard".
In schools belonging to other systems there is an optional possibility of organizing such participation.
In any event, the above applies exclusively to the third level of secondary education.
Special protection measures
(arts. 22, 30, 32-36, 37, 39 and 40
of the Convention)
Question 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.
The Act of 15 December 1980 on entry into Belgian territory and the stay, residence and removal of foreigners does not lay down any special procedure or measures in respect of unaccompanied minors seeking asylum. They therefore have to follow the same procedure as adults. The Belgian procedure for asylum seekers includes several stages. First, the foreigner wishing to obtain refugee status must submit his or her application to the competent authorities. The application then undergoes what is described as "the examination of admissibility". This determines whether the foreigner may enter into and/or stay in Belgium while awaiting a decision on the substance of the application, to be taken by the Commissioner-General for refugees and stateless persons. Finally, if the application for asylum is considered admissible, it is examined as to substance by the Commissioner-General. Possibilities of appeal are open to the applicant at each stage of the procedure.
A request for asylum submitted by an unaccompanied minor is examined individually whatever the minor's age, provided that he or she possesses the requisite discernment. The questioning is generally done by a person having experience of the procedure. If, in the absence of parents, the asylum seeker has a relative or acquaintance in Belgium, that person will also be heard by the Aliens office. Where the application for asylum is declared inadmissible, the foreigner receives a refusal of permission to stay accompanied by an order to leave the territory. However, under article 118 of the Royal Decision of 8 October 1981 bringing the said Act of 15 December 1980 into force,
"failing a special decision by the Minister or his deputy, no order to leave the territory may be delivered to a foreigner who is less than 18 years of age or whose personal status is that of a minor. The order to leave the territory is then replaced by a reconduction order."
In execution of the order for removal from the territory, a specified and identified person is enjoined to reconduct the minor within thirty days to the place from which he or she has come. In practice, a reconduction order is delivered where possible. Where not possible, the Aliens office notifies an order to leave the territory, with the motives therefor specially stated, directly to the minor provided that he or she possesses the requisite discernment, this being presumed to be the case from the age of 16.
So far as repatriation of minor children by air is concerned, the Aliens Office makes sure that they are taken in charge by the navigating staff and sees to it that the Belgian embassy at the point of destination or a non-governmental organization hands the child over to his or her family in the best possible circumstances.
This system applies only to children below the age of 16. Under the Convention, however, a child means a human being below the age of 18.
The question is whether, in the case of minors between 16 and 18 years of age, the lack of protection identical to that granted by the Aliens Office to minors aged below 16 years constitutes a breach of the Convention.
The answer is that it does not. While the Convention grants a right to general protection to minors below the age of 18, it does not prohibit the establishment of different degrees of protection according to the age of the child.
The fact that these "unaccompanied children" who are applicants for refugees status have no specific status gives rise to a variety of problems, in particular as regards social assistance (example: guardianship of the children by the CPAS).
Accordingly, a commission has been set up to determine a status for unaccompanied minors seeking asylum whose application has not been rejected. This commission is made up of two elements.
The first is an inter-ministerial commission including representatives of the Ministries of Foreign Affairs, Cooperation, the Interior, Justice and Public Health. The second includes various NGOs, reception centres, UNHCR, Amnesty international, representatives of Assistance to Young People, Protection of Young People and Education of the respective Communities, and Petit-Chateau.
A first basic document setting out the problems has been issued and a synthesis of reports on the meetings held has been prepared. No decision has yet been taken. The process is one of reflection and should eventually yield appropriate proposals of a social and legal nature.
No legal provision exists at present to regulate the case of unaccompanied minors in the context of the acquisition of refugee status. In the absence of a rule, the competent services are adapting their procedures so as to deal with such cases in the most adequate manner possible. The will exists, however, to close this gap.
Lastly, it should be put on record that no specific measure or procedure for the acquisition of nationality (cf. Act of 28 June 1984) by unaccompanied minors exists in Belgian law. No reform to that end is envisaged at present.
Question 24
Does the Government have any recent scientific studies available on juvenile delinquency which would provide an indication of its scale and causes?
No such scientific study exists in the
German-language Community
because, given the smallness of the unit (68 000 inhabitants), a study of this kind would run the risk of being unrepresentative. In any event, as the German-language Community is a rural region, juvenile delinquency there is far less widespread than in other regions of Belgium, and particularly in the urban centres.
In the
Flemish Community
, an extensive documentation and the most recent works concerning juvenile delinquency are available in the library of the Social Assistance section of the Family and Social Assistance administration (see annex XI). We can also draw upon the libraries of the universities of Louvain (criminology section, see annex XII) and Ghent (education and research unit, social, cultural and leisure aspects).
Question 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?
Belgian legislation is already in conformity with the Convention on the Rights of the Child in this respect, since, by virtue of article 77, paragraph 1 of the Criminal Code,
"The death penalty shall not be pronounced in respect of any individual aged less than 18 years at the time the crime was committed".
Speaking more generally, a bill abolishing the death penalty in times of both peace and war was recently debated in Parliament. Political agreement has been reached on the bill and the only problem now remaining to be settled is that of a new classification of penalties.
Question 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.
A.
At the federal level
Interpreting the term "juvenile justice" employed by the Committee on the Rights of the Child in its broad sense, we should mention here the recent reform of the procedure for divorce in so far as it relates to the rights of the child.
The document in question is the Act of 30 June 1994 modifying article 931 of the Judicial Code and the provisions relating to the procedure for divorce (Moniteur Belge dated 31 July 1994).
Strictly speaking, this Act does not modify legal assistance to minors inasmuch as the minor is not a party in the procedure of his or her parents' divorce and does not even influence the measures adopted in respect of his or her person and property by the president of the court of first instance sitting in chambers. However, some provisions introduced into the civil procedure are designed to improve the protection of children's rights affected by the parents' divorce or by divorce proceedings in which the parents have opposing interests.
I.
The hearing of the child
The addition introduced in article 931 of the Judicial Code has, in a sense, made it possible to bring the Belgian procedure into line with the United Nations Convention on the Rights of the Child.
Article 931 forms part of the section of the Judicial Code relating to investigation, although in actual fact not very much of an investigation takes place.
Article 931 is coordinated as follows:
"Article 931. A minor less than 15 years of age may not be heard under oath. His or her declarations may be noted by way of simple of information.
Descendants may not be heard in cases where their ascendants have opposing interests.
Nevertheless, in any procedure concerning him or her, a minor capable of discernment may, at his or her request or on the judge's decision, without prejudice to the legal provisions governing his or her voluntary intervention and consent, be heard, outside the presence of the parties, by the judge or the person designated by the latter for that purpose, the costs being shared, where necessary, between the parties. The decision of the judge is without appeal.
Where the minor addresses a request for a hearing either to the judge in charge of the case or to the King's Procurator, the request can be set aside only by a decision, which must be accompanied by a detailed explanation, on the grounds of the minor's lack of discernment. This decision is without appeal.
Where a hearing has been decided upon by the judge, the minor may refuse to be heard.
The minor shall be heard alone, subject to the judge's right to order in the minor's interest that he or she be assisted.
The hearing of the minor does not confer upon him or her the status of a party to the proceedings. The hearing shall take place in any place deemed appropriate by the judge. A record thereof shall be drawn up and appended to the file of the proceedings, no copy of this record being delivered to the parties."
The assistance given to a minor heard by the judge is psychological rather than legal in nature. The costs of assistance are shared between the parties. Where assistance is provided by a lawyer, and in the event of the parties' insolvency, articles 455 and 455
bis
of the Judicial Code may logically be invoked, so that the assistance will be fully or partially free of charge depending on the incomes of the said parties. In future the lawyer is to receive an allowance from the State if he is a member of the bar (the Act is currently being amended).
The applicability of the new provisions also requires some comment.
The place which these provisions occupy in article 931 -after paragraph 2 which states that descendants may not be heard in cases where their ascendants have opposing interests - and the word "Nevertheless" indicate that the new provisions are applicable only to cases in that category.
Accordingly, the provisions are not applicable in the absence of opposing interests of the parties to the proceedings. Neither are they applicable where opposing interests do exist but do not concern the child. Lastly, they are not applicable where all the conditions under paragraphs 2 to 7 of article 931 are met but where the proceedings concern only the child's property.
In other words, the provisions relating to the hearing of the child are applicable where:
- the ascendants have the status of parties to the proceedings;
- the ascendants have opposing interests;
- the child is concerned;
- and where it is concerned in its status as a person.
II.
Other modifications of benefit to the child introduced in the new divorce legislation
A.
Divorce for a specified reason
1.
Article 1258 of the Judicial Code
So far as the basic dispute - the divorce - is concerned, the procedure calls for an investigation in accordance with general law by the court of first instance (summons, introductory hearing, brief debate or referral to the rolls, expiry of time-limit for conclusions, etc.).
Provisional measures may be ordered either by the court or by the president of the court sitting in chambers.
The court is authorised to order such measures only where the spouses submit a full or partial agreement at the introductory hearing mentioned above.
In other words, at the introductory hearing the spouses have the right to ask the court to confirm the parties, full or partial agreement with regard to provisional measures relating to the person, maintenance and property of their children.
If the court considers the agreement satisfactory, it will confirm it. The terms of the agreement are set out in a record which becomes enforceable.
An enforceable document can therefore be produced very quickly if the spouses are not in disagreement on the subject of the children.
2.
Arts. 1279 and 1280 of the Judicial Code
Where an agreement has been submitted at the introductory, hearing but has not been confirmed, the court refers the dispute concerning provisional measures to the next hearing of the court sitting in chambers (art. 1258). This is a rapid procedure because no summons is required.
Where no agreement is submitted at the introductory hearing, the provisional administration of the person and property of the children remains with the father and mother or, in the cases provided for by law, with one of them, subject to any decisions that may be taken by the president of the court sitting in chambers at the request of one of the parties or of the King's Procurator.
This Procedure is introduced in conformity with the rules governing proceedings in chambers, namely by summons or, in cases of absolute necessity, by unilateral request, as before.
The novelty consists in the fact that, once the president of the court has taken cognizance of the case, he remains seized of it. If one of the parties files conclusions with the registrar, the president of the court must examine the case within the next 15 days. In the past, a summons - with all the costs it entails - was required at each stage. The new provision makes it easier for the parents to request the judge to adapt the measures to the circumstances.
B.
Divorce by mutual consent
1.
Art. 1288 of the Judicial Code
Under the provisions of this article the spouses are required to set down in writing their agreement with regard to the administration of the person and property of the children and to visiting rights both during the proceedings and after the divorce, as well as to the contribution of each spouse to the said children's maintenance and education.
What is wholly new is that these provisions may be reviewed by the judge in charge of the case after the divorce if a change in the children's situation occurs as a result of new and unforeseeable circumstances (new article 1288, paragraph 2).
2.
Arts. 1288 bis and 1288 ter of the Judicial Code
The proceedings as to substance are introduced by request. The points of agreement referred to above must be set out in the request. The Registrar addresses a copy of the request to the King's Procurator.
The new legislation strengthens the position of that official in the procedure for divorce by mutual consent as regards the rights of the children. The parents no longer enjoy full contractual freedom. The Procurator, together with the president of the court, has the custody of the children.
3.
Art. 1289 ter of the Judicial Code
The effect of this provision is that the King's Procurator issues an opinion to the president of the court on the agreements entered into between the spouses on the subject of their minor children.
4.
Art. 1290 of the Judicial Code
The president may propose to the parents that they should modify the provisions of agreements relating to their minor children if these appear to him to be contrary to the children's interests.
Article 931 may be applied, which means that the children may be heard in conformity with the provisions of that article.
If the parents cannot produce agreed provisions that are in conformity with the interests of the children, the president may annul or modify the provisions.
5.
Art. 1293 of the Judicial Code
During the proceedings the parents may, together, submit to the judge a proposal for modification of the provisions. In order to do this one or both of them must report new and unforeseeable circumstances which seriously modify their children's situation, and must produce due evidence thereof. The subsequent procedure is more or less as described above: opinion of the Procurator, possibly a hearing of the children, possibly a proposal by the judge to modify the provisions, etc.
B.
At the community level
In the
French Community
, both the decree of 4 March 1991 relating to assistance to young people (article 11 and article 12, paragraph 2) and the Act of 2 February 1994 amending the Act of a April 1965 relating to the protection of young people (new article 52
ter
) provide for the principle of assistance by a lawyer and for the possibility of contact between the young person and the lawyer. All young persons living in an institution are informed of this right.
In practice, so-called "Young People's Rights Services", subsidised by the French Community, receive funds for the specific purpose of enabling young persons to have access to a lawyer.
Question 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?
In the
French Community
, the decree of 4 March 1991 on assistance to young persons devotes a whole chapter (articles 12 to 19) to guarantees as to respect of the rights of young persons placed in custody (see annex XIII) . In particular, it is specified that young people have the right to communicate with any person of their choice.
In the event of violation of his or her rights, the young person placed in custody can appeal to the Delegate General for children's rights.
Moreover, it should be noted that the French Community authorities responsible for public institutions for the protection of young persons in which delinquent minors are placed have already been visited by the committee set up under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, signed at Strasbourg on 26 November 1987.
There are no closed institutions in the
German-language Community
. In exceptional cases, the law provides for the possibility of a young person being placed in such an institution for a limited period, and if this becomes necessary, a young person can be placed in an institution of the French Community. Contact with the family must remain possible and must be furthered by those in charge of the institution, provided that such contact does not harm the young person's well-being.
In the
Flemish Community
, in accordance with article 24 of the decrees relating to special assistance to young persons coordinated on 4 April 1990, the juvenile court may, when adopting a measure designed for a young person's protection, associate that measure with additional conditions in respect of the minor himself as well as obligations in respect of the parents. These additional conditions and obligations may, for example, relate to visits and correspondence. Where necessary, the juvenile court must take into account the rules adopted by the Flemish Government concerning the recognition of certain organizations in connection with visits and correspondence.
Unless the juvenile court decides otherwise, the minor placed in custody may maintain contacts with his or her family.
Article 23, paragraph 2 of the decrees relating to special assistance to young people coordinated on 4 April 1990 stipulates explicitly that when the juvenile court adopts a measure involving placement, that measure must be capable of functioning in a family-based manner, particularly as regards a limited distance between the institution and the minor's domicile.
So far as assistance organized by the committee for special protection of young people is concerned, the same principle is enshrined in article 72
quinquies
of the decision of the Flemish Government of 17 July 1991 regulating the organization and functioning of committees for special protection of young people (... ).
The plan of action which must be drawn up for each minor placed in an institution defines the modalities relating, in particular, to visits and correspondence. Within this framework, account is taken of decisions taken on this subject by the instance of referral (article 11 E.9 of the decision of the Flemish Government of 13 July 1994 relating to conditions for approval of, and standards for granting of subsidies to, institutions of special assistance to young people).
By virtue of article 11 D.5 of the above-mentioned decision of the Flemish Government of 13 July 1994, recognized institutions are required to respect the fundamental rights of the minor. These rights include, in particular, those set forth in the directly relevant provisions of the Convention on the Rights of the Child.
Where an institution fails to respect the fundamental rights of the child, it may forfeit its recognition on grounds of non-observance of one of the conditions for approval.
Question 28
Please indicate the actual frequency of recourse to the procedure of relinquishment of jurisdiction mentioned in paragraph 63 of the report.
Inasmuch as no specific statistics on the frequency of recourse to article 38 of the Act of 8 April 1965 exist, it is difficult to give precise figures without consulting every public prosecutor's office in Belgium. According to data available to the Ministry of Justice it appears, however, that the number of instances of such recourse is not great (for example, no such instances occurred in 1993 in the administrative districts of Courtrai, Nivelles, Ypres, Tongres and Turnhout; four instances occurred in the administrative district of Termonde and 70 in that of Brussels).
Question 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.
A.
At the federal level
On 3 February last, the Federal Government adopted a programme of action against drugs. This programme will enable the various Departments competent in this field to conduct coherent actions based on a common policy and philosophy.
The Government's plan envisages actions in the areas of reduction of demand, curtailment of supply, and supervision and care of addicts. Certain measures have a positive impact on all three aspects at once.
Reduction of demand
Prevention policies will be given still greater emphasis,
inter alia
through specific information campaigns. The development of dissuasive checks on drug consumption by vehicle drivers is also envisaged. Scientific research in this area will be intensified with a view to developing a reliable method of detection.
Curtailment of supply
The struggle against trafficking will also be intensified. The Government proposes to promote closer collaboration between the authorities and the police with a view to still more effective joint action.
The general police support services will be strengthened,
inter alia
through the incorporation of customs personnel in certain units forming part of these services.
The possibilities of closing down establishments will be extended in the interests of greater strictness.
The Government has decided to establish a special fund financed through the seizure of moneys derived from drug trafficking. This fund will serve
inter alia
to finance the treatment of addicts.
Supervision of addicts
Incarcerated addicts will be looked after by prison staff better trained and informed in drug addiction matters. In addition, actions will be developed in connection with the supervision and care of drug addicts. The number of reception centres will be increased and the centres will be authorised to offer alternative treatment (prescription of products such as methadone).
Programmes of a sanitary type (exchange of needles, etc.) will also be initiated.
On 21 March 1995, the Interministerial Commission on drug policy adopted a plan for the coordination of activities relating to prevention, enforcement, supervision, treatment and care conducted by the Federal State and by the federated entities or under their auspices. This decision will strengthen the global and coordinated character of Belgian policy in the sphere of drugs.
B.
At the Community level
In the
German-language Community
there exists, within the Cabinet of the minister of Social Affairs, a national unit for the coordination of activities in the sphere of prevention, enforcement, supervision, treatment and care conducted by the State and by the federated entities or under their auspices within the framework of the legal and illegal drugs problem.
As regards alternative treatment possibilities using methadone, the
German--language Community
attaches great importance to the coherence of the measures it offers to young people trying to reorganize their lives and to develop their prospects (health, social and professional reintegration, supervision, etc.). Several social and professional reintegration projects in the field are concerned with the reintegration of young addicts and are being subsidised by the Ministry of Labour. All of the bodies in question attach great importance to collaboration among themselves.
In harmony with the federal policy and within the budget of its general social assistance policy, the
Flemish Community
has developed a plan of struggle against drugs aimed at providing both first-rank assistance (general social assistance centres known as "multi-purpose centres") and second-rank assistance (mental health centres) to persons with drug addiction problems as defined in the new Decision of the Flemish Government bringing into force the decree of 24 July 1991 on social assistance in general.
C.
At the regional level
The Ministry for Social Action, Housing and Health of the Walloon Region, which is responsible for the French-language part of the country, recognizing that the social exclusion of drug addicts is a reality that must be fought at all levels of intervention and authority, has adopted a number of initiatives in this matter.
Within this general perspective, a first series of measures on behalf of drug addicts and their families has been taken in connection with, on the one hand, the reception, counselling and supervision of addicts and their orientation towards the structures best suited to their problems and, on the other hand, with their treatment and reintegration.
Other steps have been taken to equip "general" personnel within the socio--sanitary sector with the skills needed in order to perform their duties towards drug addicts in the same way as towards all other citizens, and also to upgrade the competence of "specialist" staff for dealing with drug addicts (specialized training, support, etc.).
Moreover, some of the 74 mental health services subsidised by the Walloon Region whose principal task consists in dealing with children in difficulties have developed special competences with regard to children and drug addicts, offering them therapeutic assistance which carries no stigma as it is open to everyone.
Lastly, the Ministry of Social Action, Housing and Health has, since 1994, supported in the Walloon Region a pilot initiative of "education for parenthood" for young drug addicts who are parents-to-be. In so far as a postnatal follow--up service is provided in order to guarantee the safety of infants while leaving them in the family environment, the policy envisages offering some supervision to these young addicts in their role as parents and also enhancing the awareness of other persons actively involved (gynaecologists, general practitioners, social workers, etc.) . A similar experiment is due to start shortly at Charleroi.
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1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland