| BELGIUM Kingdom of Belgium Royaume de Belgique/Koninkrijk Belgie Joined United Nations: 27 December 1945 Human Rights as assured by their constitution Updated 05 February 2013 |
TITLE II
On Belgians and their Rights
Art. 8
The title of Belgian is acquired, preserved and lost according to rules determined by civil law.
The Constitution and the other laws relative to political rights, determine which are, apart from this title, the necessary conditions for the
exercise of these rights.
Art. 9
Naturalization is accorded by the federal legislative power.
Art. 10
There are no class distinctions in the State.
Belgians are equal before the law; they are the only ones eligible for civil and military service, but for the exceptions that could be made by
law for special cases.
Art. 11
Enjoyment of the rights and freedoms recognized for Belgians should be ensured without discrimination. To this end, laws and decrees
guarantee notably the rights and freedoms of ideological and philosophical minorities.
Art. 12
Individual freedom is guaranteed.
No one can be prosecuted except in the cases provided for by law, and in the form prescribed by law.
Except in the case of flagrante delicto, no one can be arrested except by a justifiable judge’s order, that must be served at the moment of
arrest, or at the latest within twenty-four hours.
Art. 13
No one can be separated, unwillingly, from the judge that the law has assigned to him.
Art. 14
No punishment can be made or given except in pursuance of the law.
Art. 15
The domicile is inviolable; no visit to the individual’s residence can take place except in the cases provided for by law and in the form
prescribed by law.
Art. 16
No one can be deprived of his property except in the case of expropriation for a public purpose, in the cases and manner established by
law, and in return for a fair indemnity paid beforehand.
Art. 17
Punishment by confiscation of assets cannot be made
Art. 18
Civil death is abolished; it cannot be brought back into force.
Art. 19
Freedom of worship, public practice of the latter, as well as freedom to demonstrate one’s opinions on all matters, are guaranteed, except
for the repression of offences committed when using this freedom.
Art. 20
No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest.
Art. 21
The State does not have the right to intervene either in the nomination or in the installation of ministers of any religion whatsoever, nor to
forbid these ministers from corresponding with their superiors, from publishing their acts, except, in the latter case, taking into
consideration normal responsibilities in matters of press and publication.
A civil wedding should always precede nuptial benediction except in cases established by law, should this be necessary.
Art. 22
Everyone has the right to the respect of his private and family life, except in the cases and conditions determined by law.
The laws, decrees and rulings alluded to in Article 134 guarantee the protection of this right.
Art. 23
Everyone has the right to lead a life in conformity with human dignity. To this end, the laws, decrees and rulings alluded to in Article 134
guarantee, taking into account corresponding obligations, economic, social and cultural rights, and determine the conditions for exercising
them.
These rights include notably:
1° the right to employment and to the free choice of a professional activity in the framework of a general employment policy, aimed
among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair
remuneration, as well as the right to information, consultation and collective negotiation;
2° the right to social security, to health care and to social, medical and legal aid;
3° the right to have decent accommodation;
4° the right to enjoy the protection of a healthy environment;
5° the right to enjoy cultural and social fulfilment.
Art. 24
§ 1. Education is free; any preventative measure is forbidden; the repression of offences is only governed by law or decree.
The community offers free choice to parents.
The community organizes neutral education. Neutrality implies notably the respect of the philosophical, ideological or religious
conceptions of parents and pupils.
The schools organized by the public authorities offer, until the end of obligatory scholarity, the choice between the teaching of one of the
recognized religions and non-denominational moral teaching.
§ 2. If a community, in its capacity as an organizing authority, wishes to delegate competency to one or several autonomous bodies, it can
only do so by decree adopted by a two-third majority vote.
§ 3. Everyone has the right to education with the respect of fundamental rights and freedoms. Access to education is free until the end of
obligatory scholarity.
All pupils of school age have the right to moral or religious education at the community’s expense.
§ 4. All pupils or students, parents, teaching staff or institutions are equal before the law or decree. The law and decree take into account
objective differences, notably the characteristics of each organizing authority, that justify appropriate treatment.
§ 5. The organization, the recognition and the subsidizing of education by the community are regulated by law or decree.
Art. 25
The press is free; censorship can never be established; security from authors, publishers or printers cannot be demanded.
When the author is known and resident in Belgium, neither the publisher, nor the printer, nor the distributor can be prosecuted.
Art. 26
Belgians have the right to gather peaceably and without arms, in conformity with the laws that regulate the exercise of this right, without
submitting it to prior authorization.
This provision does not apply to open air meetings, which are entirely subject to police regulations.
Art. 27
Belgians have the right to enter into association or partnership; this right cannot be liable to any preventative measures.
Art. 28
Everyone has the right to address petitions signed by one or more persons to the public authorities. Constituted bodies are alone able to
address petitions in a collective name.
Art. 29
The confidentiality of letters is inviolable.
The law determines which nominated representatives can violate the confidentiality of letters entrusted to the postal service.
Art. 30
The use of languages current in Belgium is optional; only the law can rule on this matter, and only for acts of the public authorities and for
legal matters.
Art. 31
No prior authorization is necessary to take legal action against civil servants because of their public office, except with regard to what has
been ruled on concerning ministers and members of the community and regional governments.
Art. 32
Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by
the laws, decrees or rulings referred to in Article 134.
On Belgians and their Rights
Art. 8
The title of Belgian is acquired, preserved and lost according to rules determined by civil law.
The Constitution and the other laws relative to political rights, determine which are, apart from this title, the necessary conditions for the
exercise of these rights.
Art. 9
Naturalization is accorded by the federal legislative power.
Art. 10
There are no class distinctions in the State.
Belgians are equal before the law; they are the only ones eligible for civil and military service, but for the exceptions that could be made by
law for special cases.
Art. 11
Enjoyment of the rights and freedoms recognized for Belgians should be ensured without discrimination. To this end, laws and decrees
guarantee notably the rights and freedoms of ideological and philosophical minorities.
Art. 12
Individual freedom is guaranteed.
No one can be prosecuted except in the cases provided for by law, and in the form prescribed by law.
Except in the case of flagrante delicto, no one can be arrested except by a justifiable judge’s order, that must be served at the moment of
arrest, or at the latest within twenty-four hours.
Art. 13
No one can be separated, unwillingly, from the judge that the law has assigned to him.
Art. 14
No punishment can be made or given except in pursuance of the law.
Art. 15
The domicile is inviolable; no visit to the individual’s residence can take place except in the cases provided for by law and in the form
prescribed by law.
Art. 16
No one can be deprived of his property except in the case of expropriation for a public purpose, in the cases and manner established by
law, and in return for a fair indemnity paid beforehand.
Art. 17
Punishment by confiscation of assets cannot be made
Art. 18
Civil death is abolished; it cannot be brought back into force.
Art. 19
Freedom of worship, public practice of the latter, as well as freedom to demonstrate one’s opinions on all matters, are guaranteed, except
for the repression of offences committed when using this freedom.
Art. 20
No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest.
Art. 21
The State does not have the right to intervene either in the nomination or in the installation of ministers of any religion whatsoever, nor to
forbid these ministers from corresponding with their superiors, from publishing their acts, except, in the latter case, taking into
consideration normal responsibilities in matters of press and publication.
A civil wedding should always precede nuptial benediction except in cases established by law, should this be necessary.
Art. 22
Everyone has the right to the respect of his private and family life, except in the cases and conditions determined by law.
The laws, decrees and rulings alluded to in Article 134 guarantee the protection of this right.
Art. 23
Everyone has the right to lead a life in conformity with human dignity. To this end, the laws, decrees and rulings alluded to in Article 134
guarantee, taking into account corresponding obligations, economic, social and cultural rights, and determine the conditions for exercising
them.
These rights include notably:
1° the right to employment and to the free choice of a professional activity in the framework of a general employment policy, aimed
among others at ensuring a level of employment that is as stable and high as possible, the right to fair terms of employment and to fair
remuneration, as well as the right to information, consultation and collective negotiation;
2° the right to social security, to health care and to social, medical and legal aid;
3° the right to have decent accommodation;
4° the right to enjoy the protection of a healthy environment;
5° the right to enjoy cultural and social fulfilment.
Art. 24
§ 1. Education is free; any preventative measure is forbidden; the repression of offences is only governed by law or decree.
The community offers free choice to parents.
The community organizes neutral education. Neutrality implies notably the respect of the philosophical, ideological or religious
conceptions of parents and pupils.
The schools organized by the public authorities offer, until the end of obligatory scholarity, the choice between the teaching of one of the
recognized religions and non-denominational moral teaching.
§ 2. If a community, in its capacity as an organizing authority, wishes to delegate competency to one or several autonomous bodies, it can
only do so by decree adopted by a two-third majority vote.
§ 3. Everyone has the right to education with the respect of fundamental rights and freedoms. Access to education is free until the end of
obligatory scholarity.
All pupils of school age have the right to moral or religious education at the community’s expense.
§ 4. All pupils or students, parents, teaching staff or institutions are equal before the law or decree. The law and decree take into account
objective differences, notably the characteristics of each organizing authority, that justify appropriate treatment.
§ 5. The organization, the recognition and the subsidizing of education by the community are regulated by law or decree.
Art. 25
The press is free; censorship can never be established; security from authors, publishers or printers cannot be demanded.
When the author is known and resident in Belgium, neither the publisher, nor the printer, nor the distributor can be prosecuted.
Art. 26
Belgians have the right to gather peaceably and without arms, in conformity with the laws that regulate the exercise of this right, without
submitting it to prior authorization.
This provision does not apply to open air meetings, which are entirely subject to police regulations.
Art. 27
Belgians have the right to enter into association or partnership; this right cannot be liable to any preventative measures.
Art. 28
Everyone has the right to address petitions signed by one or more persons to the public authorities. Constituted bodies are alone able to
address petitions in a collective name.
Art. 29
The confidentiality of letters is inviolable.
The law determines which nominated representatives can violate the confidentiality of letters entrusted to the postal service.
Art. 30
The use of languages current in Belgium is optional; only the law can rule on this matter, and only for acts of the public authorities and for
legal matters.
Art. 31
No prior authorization is necessary to take legal action against civil servants because of their public office, except with regard to what has
been ruled on concerning ministers and members of the community and regional governments.
Art. 32
Everyone has the right to consult any administrative document and to have a copy made, except in the cases and conditions stipulated by
the laws, decrees or rulings referred to in Article 134.
Evidence of Neanderthal habitation dates back to 800,00 to 400,000 BCE. The first humans
arrived around 30,000 BCE with the Celts arriving about 500 BCE. Roman Legions under
Julius Caesar invaded in 54 CE and conquered Belgae Gauls. With the 5th Century collapse
of Rome, Germanic Tribes invaded establishing the Merovingian Dynasty followed by the
Carolingian Dynasty under Charlemagne who co-opted the region into the Holy Roman
Empire in 800. In 891 the country was divided between the Holy Roman Empire and France
dividing further into feudal states in the 11th and 12 centuries. In 1433 it was absorbed into
Burgundy and part of the Seventeen Provinces of Spanish Netherlands in 1549. Uprisings
by the northern Netherlands opposing Protestant abolition led to the 80 Years War which
ended in 1585 and the primary formation of present day Belgium which remained under
Habsburg rule from 1519-1713. In 1794 it was annexed into the first French Republic,
included into the United Kingdom of the Netherlands in 1815 and achieved independence
with the establishment of a Constitutional Monarchy and the present constitution on 7
February 1831. It has been amended many times and revised on 14 July 1993 to create a
federal state. Human rights are enumerated beginning with Title II (On Belgians and their
Rights), conforms with the 1948 Universal Declaration of Human Rights of which Belgium is
a signatory and are detailed below. For a full English translation of Belgium's Constitution,
click here.
arrived around 30,000 BCE with the Celts arriving about 500 BCE. Roman Legions under
Julius Caesar invaded in 54 CE and conquered Belgae Gauls. With the 5th Century collapse
of Rome, Germanic Tribes invaded establishing the Merovingian Dynasty followed by the
Carolingian Dynasty under Charlemagne who co-opted the region into the Holy Roman
Empire in 800. In 891 the country was divided between the Holy Roman Empire and France
dividing further into feudal states in the 11th and 12 centuries. In 1433 it was absorbed into
Burgundy and part of the Seventeen Provinces of Spanish Netherlands in 1549. Uprisings
by the northern Netherlands opposing Protestant abolition led to the 80 Years War which
ended in 1585 and the primary formation of present day Belgium which remained under
Habsburg rule from 1519-1713. In 1794 it was annexed into the first French Republic,
included into the United Kingdom of the Netherlands in 1815 and achieved independence
with the establishment of a Constitutional Monarchy and the present constitution on 7
February 1831. It has been amended many times and revised on 14 July 1993 to create a
federal state. Human rights are enumerated beginning with Title II (On Belgians and their
Rights), conforms with the 1948 Universal Declaration of Human Rights of which Belgium is
a signatory and are detailed below. For a full English translation of Belgium's Constitution,
click here.