Faculty of Law, Masaryk Univesity
Pavel Molek, Martin Bobák, Michal Hájek, Miroslav Knob
Belgium
Kingdom of Belgium - Europe
Regional
| Treaty | Signed | Ratified* | Protocols | Reservations | Notes |
|---|---|---|---|---|---|
| African Charter (1981) | – | – | – | – | – |
| Am. Declaration (1948) | – | – | – | – | – |
| Am. Convention (1969) | – | – | – | – | – |
| Arab Charter (2004) | – | – | – | – | – |
| ECHR (1950) | 4-Nov-1950 | 14-Jun-1955 | 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 13; 14 | – | – |
| EU Charter [2000 (2009)] | 13-Dec-2007 | 11-Jul-2008 | – | – | – |
Universal
| Treaty | Signed | Ratified* | Protocols | Reservations | Notes |
|---|---|---|---|---|---|
| ICERD (1966) | 17-Aug-1967 | 7-Aug-1975 | – | – | – |
| ICESCR (1966) | 10-Dec-1968 | 21-Apr-1983 | 1 | – | – |
| ICCPR (1966) | 10-Dec-1968 | 21-Apr-1983 | 1; 2 | 2. The Belgian Government considers that the provision of article 10, paragraph 2 (a), under which accused persons shall, save in exceptional circumstances, be segregated from convicted persons is to be interpreted in conformity with the principle, already embodied in the standard minimum rules for the treatment of prisoners [resolution (73) 5 of the Committee of Ministers of the Council of Europe of 19 January 1973], that untried prisoners shall not be put in contact with convicted prisoners against their will [rules 7 (b) and 85 (1)]. If they so request, accused persons may be allowed to take part with convicted persons in certain communal activities. 3. The Belgian Government considers that the provisions of article 10, paragraph 3, under which juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status refers exclusively to the judicial measures provided for under the régime for the protection of minors established by the Belgian Act relating to the protection of young persons. As regards other juvenile ordinary-law of- fenders, the Belgian Government intends to reserve the option to adopt measures that may be more flexible and be designed precisely in the interest of the persons concerned. 4. With respect to article 14, the Belgian Government considers that the last part of paragraph 1 of the article appears to give States the option of providing or not providing for certain derogations from the principle that judgements shall be made public. Accordingly, the Belgian constitutional principle that there shall be no exceptions to the public pronouncements of judgements is in conformity with that provision. Paragraph 5 of the article shall not apply to persons who, under Belgian law, are convicted and sentenced at second instance following an appeal against their acquittal of first instance or who, under Belgian law, are brought directly before a higher tribunal sch as the Court of Cassation, the Appeals Court or the Assize Court. 5. Articles 19, 21 and 22 shall be applied by the Belgian Government in the context of the provisions and restrictions set forth or authorized in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, by the said Convention. |
– |
| CEDAW (1979) | 10-Dec-1999 | 17-Jul-2004 | 1 | – | – |
| CAT (1984) | 4-Feb-1985 | 25-Jul-1999 | – | – | – |
| CRC (1989) | 26-Jan-1990 | 16-Dec-1991 | 1; 2; 3 | Interpretative declarations: 1. With regard to article 2, paragraph 1, according to the interpretation of the Belgian Government non-discrimination on grounds of national origin does not necessarily imply the obligation for States automatically to guarantee foreigners the same rights as their nationals. This concept should be understood as designed to rule out all arbitrary conduct but not differences in treatment based on objective and reasonable considerations, in accordance with the principles prevailing in democratic societies. 2. Articles 13 and 15 shall be applied by the Belgian Government within the context of the provisions and limitations set forth or authorized by said Convention in articles 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950. 3. The Belgian Government declares that it interprets article 14, paragraph 1, as meaning that, in accordance with the relevant provisions of article 18 of the International Covenant on Civil and Political Rights of 19 December 1966 and article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, the right of the child to freedom of thought, conscience and religion implies also the freedom to choose his or her religion or belief. 4. With regard to article 40, paragraph 2 (b) (v), the Belgian Government considers that the expression "according to law" at the end of that provision means that: (a) This provision shall not apply to minors who, under Belgian law, are declared guilty and are sentenced in a higher court following an appeal against their acquittal in a court of the first instance; (b) This provision shall not apply to minors who, under Belgian law, are referred directly to a higher court such as the Court of Assize. |
– |
| CPRMW (1990) | – | – | – | – | – |
| CRPD (2006) | 30-Mar-2007 | 2-Jul-2009 | 1 | – | – |
| ICCPED (2006) | 6-Feb-2007 | 2-Jun-2011 | – | – | – |
* or accession/succession
KÚPP, Faculty of Law, Masaryk Univesity |
Back to Homepage, accessibility |
| Service Center for E-learning
| Faculty of Informatics, Masaryk University, 2014–2015
Centrum interaktivních a multimediálních studijních opor pro inovaci výuky a efektivní učení | CZ.1.07/2.2.00/28.0041
