ECSR Decision focusing on foreign children's rights in Belgium was published today

The European Committee of Social Rights (ECSR) judgement dated from 23 October 2012, highlighting some deficiencies in foreign children's rights in Belgium, was published today.

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On 21 June 2011, the organization Defence for Children International (DCI) lodged a complaint to The European Committee of Social Rights (ECSR) of the Council of Europe in which they stated that foreign children living accompanied or not, either as irregular residents or asylum seekers in Belgium, had been excluded from social assistance in breach of Articles 7 (Special protection against physical and moral dangers), 11 (right to health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter.

On 23 October 2012, the ECSR decided on the merits on the claim, concluding that the situation in Belgium of illegally staying or asylum seeking unaccompanied foreign minors as well as illegally staying accompanied foreign minors was in contravention of articles 7, 11,13, 16, 17, 30 taken alone or in combination with Article E of the Charter (FR decision).

On 21 March 2013, the decision was published. Following the conclusion, the children’s rights organisations Defence for Children Belgium, Service droit des jeunes and Plate-forme Mineurs en exil now demand that Belgium implements the above-mentioned decision by adopting a protocol with structural solutions to guarantee the rights of foreign children in the country. 

Publication Date: Thu 21 Mar 2013
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