National Constitutional provisions – Belgium
The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.
The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.
The Constitution of Belgium 17 February 1994
EDUCATION
Title II. On Belgians and their rights.
Art. 24
§ 1. Education is free; any preventative measure is forbidden; the repression of offences is governed by law or decree only.
The community guarantees the freedom of choice of parents.
The community organises neutral education. Neutrality implies notably the respect of the philosophical, ideological or religious conceptions of parents and pupils.
The schools organised by the public authorities offer, until the end of obligatory scholarity, the choice between the teaching of one of the recognised religions and non-denominational moral teaching.
§ 2. If a community, in its capacity as an organising authority, wishes to delegate jurisdiction to one or several autonomous bodies, it can only do so by decree adopted by a two-third majority of the votes cast.
§ 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 educational institutions are equal before the law or decree. The law and decree take into account objective differences, notably the characteristics of each organising authority, that justify appropriate treatment.
§ 5. The organisation, the recognition and the subsidising of education by the community are regulated by law or decree.
EQUALITY
Title II. On Belgians and their rights.
There is no distinction according to class 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 can be made by law for special cases.
Equality between men and women is guaranteed.
Art. 11
Enjoyment of the rights and freedoms recognised for Belgians must be ensured without discrimination. To this end, laws and decrees guarantee notably the rights and freedoms of ideological and philosophical minorities.
Art. 11bis
The law, the decree or the rules referred to in Article 134 guarantee to women and men equal exercise of their rights and freedoms (..)
LANGUAGE
Title I. On Federal Belgium, its components and its territory.
Art. 4
Belgium has four linguistic regions: The French-speaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region.
Each commune of the Kingdom is part of one of these linguistic regions.
The borders of the four linguistic regions can only be changed or modified by a law adopted by majority vote in each linguistic group in each Chamber, on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two-thirds of the votes expressed.
Title II. On Belgians and their rights
Art. 30
The use of languages spoken in Belgium is free; only the law can rule on this matter, and only for acts of the public authorities and for legal matters.
RELIGION
Title II. On Belgians and their rights
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 punishment for 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.
CHILD’S RIGHTS
Title II. On Belgians and their rights
Every child has the right to respect of his moral, physical, mental and sexual integrity.
RIGHTS-BASED INDICATORS
We have 200+ indicators, all using a framework of core state obligations. The tree illutrates how they interlink, grow and are rooted in human rights law.
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