Experts of the Committee on the Rights of Persons with Disabilities Commend Belgium on Large Delegation, Raise Questions on Disability Advisory Councils and the Internment System
The Committee on the Rights of Persons with Disabilities today concluded its review of the combined second and third periodic report of Belgium, with Committee Experts commending the State party on the large delegation, while asking questions about Disability Advisory Councils and the country’s internment system.
Markus Schefer, Committee Expert and Member of the Taskforce for the report of Belgium, said he was pleased that the Belgian delegation had chosen to be present in large numbers for the dialogue.
Mr. Schefer said there were several Advisory Councils at the federal and regional levels. The composition of these councils contained service providers and organizations which could have different interests in mind than promoting the rights of persons with disability. How would the State party ensure that the Advisory Councils were not set up with members who did not meet the standards for representative organizations? Were there any additional measures underway aside from these advisory bodies?
Mr. Schefer also said internment was a thorny issue for Belgium, and there were now over 4,000 people in internment in the country. Was the State party planning to rethink the system of internment? The Committee had laid out why this system was wrong and not in line with the Convention in one of their individual communications. During internment, people were often given medical treatment against their will. Was the State party rethinking this approach?
The delegation said the Federal Advisory Council drafted its own advice for the Government about reforming its composition. Since 2023, the German Community had had an Advisory Council. The Flemish Government established an Advisory Council in 2022. These were not just associations, but persons with disabilities could participate within the Council, as well as parents of children with disabilities. Regulations within the Walloon Region stipulated how representation in the Advisory Council would take place. Eight of the 15 members of the Advisory Council in the French-speaking region were persons with disabilities. The Council was mandated to monitor the implementation of the provisions of the Convention.
The delegation said efforts were being made to increase psychiatric care to decrease waiting lists, including through the creation of psychiatric centres and wards. It was hoped these measures would reduce the length of stay in psychiatric annexes and increase the care of all interned persons. Internment was designed to address underlying mental health conditions which posed a threat to public safety. While the law did not set a maximum duration, it did ensure the individual’s situation was reviewed, at least annually. It was not possible to fully abolish restraints. Belgium was open to improvement but did not have concrete steps planned.
Joachim Lommelen, Advisor, Federal Social Security Public Service of Belgium, presenting the report, said in 2021, the Belgian Constitution was revised to insert a new article, which enshrined the right to full inclusion of each person with a disability in society, including the right to reasonable accommodations. At the federal level, a significant step was made in 2021 with the adoption of the Federal Disability Action Plan 2021-2024, which linked the coalition agreement to the rights enshrined in the Convention, international recommendations, and demands from civil society. This new approach had resulted in better implementation and fostered dialogue between the representative organizations of persons with disabilities and policy makers.
In concluding remarks, Mr. Lommelen, thanked the Committee for the enriching exchange. Belgium attached great importance to the implementation of the Convention and the discussion today highlighted where additional actions were necessary. This dialogue came at a timely point for Belgium, providing a valuable opportunity to incorporate the outcome of the discussion in the multi-annual political planning.
Saowalak Thongkuay, Committee Expert and Member of the Taskforce for the report of Belgium, thanked the delegation for the comprehensive dialogue. Both the delegation and the Committee could see weakness and strengths and opportunities to further enhance the implementation of the Convention.
The delegation of Belgium was comprised of representatives of the Federal Public Service and Social Security; the Federal Public Service of Home Affairs; the Federal Public Service of Justice; the Flemish Government; the Agency for Quality Life, Walloon Region; the French Community; the French Community and the Walloon Region in Geneva; the Brussels-Capital Region; the Brussels Joint Community Commission; and the Permanent Mission of Belgium to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-first session and other documents related to the session can be found here.
The Committee will next meet in public at 10 a.m. on Friday, 23 August, to review the combined second and third periodic report of Denmark (CRPD/C/DNK/2-3).
Report
The Committee has before it the combined second and third periodic report of Belgium (CRPD/C/BEL/2-3).
Presentation of Report
CHRISTOPHE PAYOT, Permanent Representative of Belgium to the United Nations Office at Geneva and head of the delegation, said Belgium remained committed to the Convention. As part of the unique federal structure, the Convention fell within the remit of several levels of Government and the replies to the list of issues were the result of close collaboration among the different entities. Mr. Payot then introduced the delegation.
JOACHIM LOMMELEN, Advisor, Federal Social Security Public Service of Belgium, said in 2021, the Belgian Constitution was revised to insert a new article, which enshrined the right to full inclusion of each person with a disability in society, including the right to reasonable accommodations. As a Federal State, key competences touching upon the lives of persons with disabilities were split among the different levels of power. Different entities had developed their own strategies and action plans for the implementation of the Convention.
At the federal level, a significant step was made in 2021 with the adoption of the Federal Disability Action Plan 2021-2024, which linked the coalition agreement to the rights enshrined in the Convention, international recommendations, and demands from civil society. This new approach had resulted in better implementation and fostered dialogue between the representative organizations of persons with disabilities and policy makers.
To strengthen the participation of persons with disabilities, new advisory councils of persons with disabilities were created over the last three years by the Flemish Government, the Walloon Region, the Brussels-Capital Region, the French-speaking community, and the German-speaking community. In 2022, the Walloon Region adopted the Accessibility Plan 2022-2024, which mainstreamed accessibility in all the competences of the Region. The plan also contained guidelines on the development of accessible public places, the construction and renovation of accessible hospital infrastructure, and support for professionals.
In the Brussels-Capital Region, both the building regulations and the Manual of Public Spaces were currently being reformed with particular attention to accessibility. To update the accessibility regulations in the Flemish Region, consultations with stakeholders, including persons with disabilities and their representative organizations, architects, and the construction sector, led to a revision of the ordonnance.
The legal protection of persons with disabilities was strengthened with the adoption of the law of 8 November 2023, which aimed to enhance the management and oversight of administrators of persons with disabilities to ensure the respect of obligations under international human rights law and the Convention. The law of 26 June 1990 on the protection of persons with mental disorders was also reformed in May 2024. These reforms promoted inclusive practices, reduced stigma, and ensured robust legal and medical standards, with the aim of reducing the number of involuntary admissions when possible.
The Flemish Government introduced a new decree in 2023 regarding learning support for pupils with special educational needs in the mainstream education system. Each mainstream school was affiliated with a learning support centre, with teams of experts that provided learning support to pupils, teachers, and school teams. In the Flemish Region, financial assistance was expanded as of July 2023 to all employers who employed a person with a temporary or permanent work-related disability.
The Brussels-Capital Region had introduced a new employment subsidy in July 2024 to encourage employers to recruit jobseekers with disabilities. In the Walloon Region, measures had been taken to promote socio-professional inclusion, including the areas of capacity building, sustainable employment, and activity creation. The Federal Government had also taken measures to remove barriers within social protection for access to work and facilitate professional reintegration, including new back-to-work pathways with an integrated follow-up within the social security branch of invalidity.
Mr. Lommelen concluded by stating that consultations with policy makers, representative organizations of persons with disabilities, and the independent mechanisms had already been planned to discuss the Committee’s concluding observations and to identify potential actions and initiatives for the next five years.
QUINTEN VERCRUYSSE, Representative of the Independent Monitoring Mechanism, said there had been progress during the last legislative term, and political will to change things for the better. Laws had been adopted and federal action plans on disability had been deployed. However, there had been too little progress on issues such as accessibility, employment, and education. Many persons with disabilities remained institutionalised, could not work, and lacked reasonable accommodations. In some instances, laws were adopted which were not compatible with the Convention, including the Pact for Excellence, adopted by the French community.
The existing action plans had their merits but overall remained ambiguous. The definition of the Convention was accepted in case law, but within politics, the medical definition remained present. There had been progress in some areas, but there was still a lot of work to be done. Today should be a starting point to make the rights of all persons with disabilities more effective.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Vice-Chair and Member of the Taskforce for the report of Belgium, welcomed the Belgian delegation. Belgium was a country close to her heart. The dialogue would explore the extent to which Belgium had been able to address the impact of ableism in the lives of people with disability. Ableism was at the heart of the denial and diminishment of human rights through law, policy and practice, which had denied personal autonomy in the lives of persons with disabilities and segregated them from the community. Ms. Kayess looked forward to an open, frank and productive dialogue with the delegation.
MARKUS SCHEFER, Committee Expert and Member of the Taskforce for the report of Belgium, said he was pleased that the Belgian delegation had chosen to be present in large numbers for the dialogue. Despite progress in some areas, new legislation raised serious questions regarding its conformity with the Convention. This included the law of 28 March 2023, which had made it easier for judges to declare persons with disabilities unable to exercise their political rights. There was also a recent law from February 2024 which could lead to the increased use of forced measures against persons with disabilities in institutions. Did the State party plan to review its legislation with respect to conformity with its ratification of the Convention? In recent years, a trend was being observed towards retrogressive measures. Were there mechanisms in place which would lead the political process to not take retrogressive measures and oblige by the obligations under the Convention?
There were several advisory councils, at the federal and regional levels. The composition of these councils contained service providers and organizations which could have different interests in mind than promoting the rights of persons with disability. How would the State party ensure that the advisory councils were not set up with members who did not meet the standards for representative organizations? Were there any additional measures underway aside from these advisory bodies?
There seemed to be a large variety of different concepts of disability throughout Belgium’s different entities, leading to a complicated system where a person with a disability needed to go through an assessment and fulfil different requirements. If administrative burdens were too high, laws would not work. Was the State party planning to do anything to alleviate these differences?
In the State party, there were many different understandings of segregation. What was the official understanding of the Belgium Government on the permissibility of segregation in living arrangements, education and work? Could segregation be permissible in Belgium?
The Committee on the Elimination of Discrimination against Women had noted with concern that women with disabilities often faced exclusion from the labour market and high rates of gender-based violence. Did the State party have action plans to collect data on the situation of women and girls with disabilities? Were there any measures in place to mainstream issues related to women and girls with disabilities? Were there any measures in place to improve the situation of women with disabilities in the job market, education and in penitentiary systems?
The Committee had been informed that the Belgian society still thought of persons with disabilities as recipients of society largess and not as rights holders of equal value. It did not seem there was a concerted effort in the State party to raise awareness to enable society to understand the basic principles that the Convention enshrined. Were there any new programmes underway in this respect?
Once a new building had been built or renovated, was there a final check that disability requirements were included? Was there a timeline to make rail, bus and air services accessible?
Responses by the Delegation
The delegation said there were no plans to review all existing legislation at the federal level. At the federal level, an overview of issues had been mapped with civil society and the Government decided on the Federal Disability Action Plan which identified solutions for some of those issues. Belgium had a system of regulatory impact assessments for laws regarding cross-cutting issues. Until recently, disability was not included, but this had been revised.
The Flemish decree on equal opportunities had been amended and entered into force in June 2024. A council provided advice to all policy entities in cases where legislative work had an impact on persons with disabilities. In the Walloon Region, there were several regulatory provisions taking into account the needs of persons with disabilities. Some aspects were outdated, so there was a lack of consistency in the implementation of the Convention. This code would be reviewed shortly. A mainstreaming test had also been implemented, which applied to all regulations, measuring the impact of the public policies geared towards inclusion.
Brussels had an equal opportunity mainstreaming tool which allowed the State to assess the impacts of legislation on different sections on the population. The French-speaking community parliament adopted a decree in 2023 which set up an Advisory Council to Persons with Disabilities to omit advisory opinions on legislation which affected persons with disabilities and ensure the Convention obligations were upheld.
The Federal Advisory Council drafted its own advice for the Government about reforming its composition. Since 2023, the German Community had an Advisory Council. These were not just associations, but people with disabilities could participate within the council, as well as parents of children with disabilities. Regulations within the Walloon Region stipulated how representation in the Advisory Council would take place. Eight of the 15 members of the Advisory Council in the French-speaking region were persons with disabilities. The Council was mandated to monitor the implementation of the provisions of the Convention.
The Constitution provided the framework for all policies. Article 22ter of the Constitution enshrined the right of inclusion. Steps in implementation were different from sector to sector and at the Government level. There was gender and disability mainstreaming at different levels of Government. At the Federal Government level, there was a specific law on gender mainstreaming. The Federal Government was looking into how the gender perspective could be further strengthened in the Federal Disability Action Plan. There were general measures in place to support women with disabilities, including extended care leave. Within the anti-discrimination law, there was a recent reform which allowed for the explicit recognition of multiple forms of discrimination. The Federal Plan on Gender Mainstreaming 2022-2024 included various aspects of gender mainstreaming in federal policies and policies pertaining particularly to disabilities. A hub had been developed to analyse data in a cross-cutting fashion regarding women and girls with disabilities. The National Plan of Action to Combat Gender-Based Violence drew on the Istanbul Convention.
The new anti-discrimination legislation from 2019 in the Walloon Region focused on gender and disabilities and indirect and direct forms of discrimination. A plan was in place to combat gender-based violence and various measures were envisaged. A project was planned to allow a screening tool and steps which could be taken involving gender and disabilities. In Brussels, a new code was created on employment and housing which clarified the system of intersectional discrimination. There was a clear system for penalty which had been established and clear prohibitions on discrimination.
The Convention had been translated in an easy read version in all national languages. Campaigns had been conducted to positively represent persons with disability.
In the Walloon Region, legislation did not contain advanced provisions for accessibility. The Expert Service of Accessibility provided support for any developer undertaking a project relating to accessibility. Since 2010, the Flemish Region had a regional ordinance on accessibility which imposed accessibility requirements. The ordinance was currently under revision. Mandatory advice had been introduced and initiatives were taken in the areas of training. In Brussels, accessibility had to be provided, taking into account the needs of persons with disabilities in all areas. Since 2023, an organization named Equal Access now had the duty of verifying whether new projects were in line with accessibility requirements. At the federal level, the Ministry of Mobility was responsible for the railway system, with accessibility being a point of emphasis.
Questions by Committee Experts
A Committee Expert said information had previously been received about 17,000 people who were on a waiting list to receive access to assistance. What steps had the State taken to rectify this situation and reduce the number of people with disabilities on waiting lists to receive support?
Another Expert asked what was planned to bring existing buildings into compliance regarding accessibility? This applied to new and future developments.
MARKUS SCHEFER, Committee Expert and Member of the Taskforce for the report of Belgium, asked if data gathering was based on the Washington set of questions? How was data collection at federal levels synchronised to ensure the right information was received?
A Committee Expert asked if the Federal Government had strategies for awareness raising on the importance of the implementation of the Convention?
An Expert asked what measures were in place to incentivise individuals in the development of information communication technologies to ensure they were available at a minimal cost? What percentage of the population of persons with disabilities had access to information communication technologies?
A Committee Expert asked if organizations of persons with disabilities were involved in Government training? What training was being given to the Advisory Councils on the Convention?
Another Expert asked whether Belgium had any plans to encourage the media to participate in awareness raising? Were there any clear regulations to ensure that person with disabilities could participate in issues concerning accessibility?
A Committee Expert asked how organizations of persons with disabilities were facilitated to participate in decisions, particularly those relating to the implementation of the Convention?
Another Expert asked about legislations, national action plans and strategies concerning children and youth which made explicit reference to children with disabilities?
Responses by the Delegation
The delegation said when persons applied for personal budgets in Flanders, they were put in a priority category. There were three different categories, depending on urgency. Those put in the first category received their budget quickly, whereas the other categories had to wait longer. The Brussels region paid close attention to renovating policies when it came to persons with disability. There was a new commitment which ensured new buildings were accessible for all. At the federal level, an agency was responsible for the maintenance of federal buildings. There was a digital diagnostic form which evaluated the accessibility of the buildings of the federal administration. The goal was to publish this information online. This meant persons with disabilities would know in advance if the building they were visiting was accessible.
Significant progress had been made in terms of data collection. A working group on statistics had been created, which developed a detailed report on data, and a roadmap for the coming year. The Flemish equal opportunities law was based on the Convention.
At the federal level, there was no coordinated plan to increase sensibilisation, but specific plans and policies were in place, including a campaign to promote the image of persons with disabilities. There had been specific measures to increase awareness and training in the areas of persons with disabilities. The State had been focusing mainly on the sensibilisation of professionals, rather than the broader public.
Work needed to be done on the area of digital inclusion. Initiatives had been launched, including the action plan “Everyone Digital” to support local authorities in stashing digital inclusion programmes. The Flemish Government had decided to create digi-banks which analysed local needs and accessibility.
In 2022, 1.7 per cent of people communicating on public television had a visible disability. The aim was to have more people presenting on radio and television with disabilities. The Equal Opportunities Decree included structural financing of organizations and aimed to actively influence positive portrayal and representation.
The 2023–2027 plan indicated that the public broadcasting channel in the French-speaking community was to reflect diversity in all kinds, including disability. There were multiple initiatives in specific sectors regarding training on the Convention.
There were 68,000 students with special educational needs in Flemish mainstream schools.
Questions by Committee Experts
MARKUS SCHEFER, Committee Expert and Member of the Taskforce for the report of Belgium, asked if there were any plans for Belgium to establish a monitoring system which acquired A status under the Global Alliance of National Human Rights Institutions? Information had been received that persons with disabilities in institutions had a lower life expectancy than persons outside of institutions. Was there information on any research or studies undertaken to confirm these reports? Had plans been implemented to ensure that persons with disabilities received the necessary quality health care in institutions? There were reports of persons with psychosocial disabilities who had died as a result of police interventions, including inappropriate restraint. Had the action plan in this regard been developed and had it been successful? What other strategies had been taken to address these kinds of deaths?
There was no coordinated protection framework in Belgium, and there had been a noted increase in the deaths of persons with disability due to COVID-19. What efforts had been made to implement coordinated response measures? Were there any measures taken to implement the Sendai framework for disaster risk reduction?
Belgium had undertaken guardianship law reform over 11 years ago, which was going in the right direction. However, the law reform continued to facilitate substituted decision making, and the number of persons under guardianship were increasing. Could information be provided on the State party’s intention to move from substituted decision-making to supported decision-making?
What measures had been taken to ensure that certified sign language interpreters were available in criminal, civil and administrative matters? How was it ensured that police and lawyers could apply gender and age-appropriate interviewing techniques?
Responses by the Delegation
The delegation said a report had been drafted which recommend that a ministry circular be created to give a clear framework defining training for police in the handling of persons with psychosocial disabilities. There was a working group on persons in a crisis situation which focused on a multi-disciplinary aspect. Frameworks had been drawn up on training of the police, enabling the police to respond in a uniformed, consistent manner. There was also a law on the wellbeing of workers. These services were trusted with analysing reported incidents.
In 2018, in 2022 and in 2024, a study was launched on the victims of gender-based violence with disabilities. In the Walloon Region, there was an opportunity to exchange best practice regarding aging for persons with disabilities, via an online platform. Within training services, there were a series of topics on aging.
The COVID-19 pandemic hit Belgium hard during the first wave, meaning there was less time to prepare compared to the following waves. A multi-annual plan aimed to increase the awareness of the Belgian population during an emergency, placing special emphasis on vulnerable targets. Actions were undertaken to ensure more inclusive situations in crisis situations. Persons who were deaf could contact the 112-emergency number through SMS. Access to chat for this emergency line would be facilitated in the future. The Crisis Centre was always in contact with civil society in emergency situations on this topic.
A plan was developed in the Brussels Region, drawing on learnings for the pandemic. The plan contained specificities relating to persons with disabilities. A plan was also developed in the Walloon Region pertaining to the health crisis, which took disability into account.
Belgium’s legal framework prioritised non-judicial measures, ensuring autonomy was respected. The current system favoured assistance over representation, involving the individual in decision-making processes and maintaining regular contact with them. A recent study evaluated the effectiveness of the 2013 law, which would provide data-driven recommendations to improve the current legislation and its recommendations.
The right to free interpretation in court hearings was guaranteed to persons with disabilities across all jurisdictions. A national register for translators and interpreters was available online and judicial authorities could look up sign language interpreters to assist people when needed.
Questions by Committee Experts
MARKUS SCHEFER, Committee Expert and Member of the Taskforce for the report of Belgium, said internment was a thorny issue for Belgium, and there were now over 4,000 people in internment in the country. Was the State party planning to rethink the system of internment? The Committee had laid out why this system was wrong and not in line with the Convention in one of their individual communications. During internment, people were often given medical treatment against their will. Was the State party rethinking this approach?
SAOWALAK THONGKUAY, Committee Expert and Member of the Taskforce for the report of Belgium, asked what mechanisms were in place to eliminate the use of isolation and restraints in prison? The system needed to change. What steps had been taken to establish a national preventive mechanism that had a mandate across the federal, community and regional areas?
It was understood that Belgium had high levels of gender-based violence, and the Committee acknowledged that the action plan to combat gender-based violence was in line with the Istanbul Convention. Were the unique experiences of women with disabilities, who had experienced gender-based violence, captured in the national action plan, particularly those living in institutions?
The Committee had heard disturbing information that forced sterilisation or contraception was widespread for women and girls with disabilities, particular in the context of those in institutions. Had the State party taken any steps to respond to these allegations? Had efforts been taken to develop disaggregated data collection? Had Belgium taken measures to preserve the bodily autonomy of intersex persons?
A Committee Expert said there were noted practices when it came to restraint and isolation. Belgium considered that it was not possible to end the use of restraints but would be open to future developments. Would the State consider reviewing legislation to prohibit forced sterilisation to bring it in line with the Convention?
Another Expert asked about how people with psychosocial and intellectual disabilities were viewed in society? How did they participate and how were their voices heard?
A Committee Expert asked if there were plans to implement the Committee’s general comments?
MARKUS SCHEFER, Committee Expert and Member of the Taskforce for the report of Belgium, asked if there were special measures regarding persons with disabilities applying for asylum?? What accommodations, such as sign language, were provided for in the asylum process?
Another Expert asked if it was legal in Belgium for women and girls with psychosocial and intellectual disabilities to testify in courts? How were court officials trained?
An Expert said the Belgian Government considered that persons who suffered from Down Syndrome were economically costly and that prenatal testing was a way to avoid these costs. Did the Government of Belgian think their economic perspective would lead to downgrading the lives of people with Down syndrome? How did the Government plan to change this perspective?
Response by the Delegation
The delegation said efforts were being made to increase psychiatric care and to decrease waiting lists, including through the creation of psychiatric centres and wards. It was hoped these measures would reduce the length of stay in psychiatric annexes and increase the care of all interned persons. Internment was designed to address underlying mental health conditions which posed a threat to public safety. While the law did not set a maximum duration, it did ensure that each individual’s situation was reviewed, at least annually. It was not possible to fully abolish restraints. Belgium was open to improvement but did not have concrete steps planned.
In Flanders, a decree adopting the legal status of minors had been adopted, which recommended the prevention of isolation and restraints. Steps had been developed to deal with isolation and restraint in potentially dangerous situations. A welfare programme had been in place in the Walloon Region since 2005. The current federal model took into account the role and expertise of other existing mechanisms. The political will was to include specific aspects related to handicap, but this was impossible for technical reasons. Discussions moving forward would need to take this into account.
There had been self-defence workshops funded by civil society, as a step towards combatting gender-based violence. A network of centres had been created across Belgium to prevent sexual violence. These centres had been specifically established to provide support to victims of sexual violence. The new act which covered these centres stipulated that the hospitals where the centres were located needed to be accessible to all victims. Therefore, the action plan did cover persons with disabilities.
A person must always give their authorisation for sterilisation on the basis of informed consent. A court-appointed administrator could not consent to sterilisation. A resolution had been adopted in February which called for the Federal Government to establish a legislative framework to provide protection to intersex persons. A plan also included a number of measures for intersex persons, notably training for healthcare professionals.
The State recognised the importance of the role of the general comments. The main tool to implement deinstitutionalisation was the system of personal budgets. This enabled people to take charge of their own budget and organise their own care and support. To guide and shape steps towards deinstitutionalisation, an academic workshop had been established, focusing on service providers and autonomy.
There were several measures taken by the asylum authorities to consider vulnerable asylum seekers within the asylum procedure. This allowed the person to fully participate in the asylum application procedure on the same footing as others.
Audiovisual recordings were undertaken, accompanied with trained psychologists to avoid secondary victimisation in certain circumstances in Belgium. This applied to vulnerable people, including those with disabilities.
The law on patients’ rights stated that the patients’ consent was necessary for sterilisation. If a person could not express consent, the procedure could not be carried out.
The right to life was essential and there was no State decision to lower the cost of healthcare by denying the right to life to persons with Down syndrome. Testing allowed the identification of persons with Down syndrome, and was reimbursed by the Government. Studies had shown that the number of children born with Down syndrome had decreased since the tests became reimbursed by the social security system. Efforts were made to ensure that no pressure was put on pregnant women to make decisions based on the results of the test.
The judicial protection system was designed with the primary objective of preserving the autonomy of individuals.
Questions by Committee Experts
SAOWALAK THONGKUAY, Committee Expert and Member of the Taskforce for the report of Belgium, asked what steps Belgium was taking to ensure parents who undertook chromosome tests were fully informed and free to make their own choices? Was Belgium taking any measures towards the deinstitutionalisation process across all levels of the country?
Reports had been received that older persons with disabilities were not entitled to mobility services after the age of 65. Did the State party prohibit inequal access to mobility services? What plans had been undertaken to increase the budget in this area? Did the State party plan to move away from a medical assessment model and replace it with a social model?
French sign language and German sign language were not officially recognised at the federal levels, according to information received by the Committee. Could data on accessible websites for the private sectors be provided? What was being done to adopt a legal provision on sign language at the federal level?
The Committee was concerned about the protection of privacy of the health records of persons with disabilities who were declared incompetent. How was it ensured these were securely maintained and stored? What support was available for parents of children with disabilities?
The Committee was also concerned about the lack of a concise strategy to eliminate special education, and that the segregated education environment persisted. What was the State doing to address this? What measures were being undertaken to promote the training of staff working in rehabilitation centres?
It was concerning that the employment rates of persons with disabilities was low compared to those without disabilities. What was being done to combat this?
Responses by the Delegation
The delegation said it was clear that some patients did not want to have chromosome tests, and this was accepted. There needed to be consent regarding the test.
In 2022, a strategy had been established in the Walloon Region for integrated living, which concerned persons with disabilities. There was a need to identify individuals who required independence and to train individuals, particularly on issues such as autism. Public policies needed to be in step with this approach to disability.
In Belgium, the parking card granted access to reserved parking spots. Studies had been carried out to see the financial impacts of extending assistance to those over 65. There was political will for this to be done, but it needed to be extended further. In Walloon Region, the age limit for material assistance had been amended. If the individual could prove their disability existed before 65, the Government would step in with support. The Walloon Region promoted a psycho-medical social approach to disability.
Sign language was officially recognised in the Walloon Region and mechanisms were available for sign language interpretations. Websites in different entities were being audited and an accessibility check tool had been created to realise accessibility requirements.
Health data was considered among the most sensitive groups of data and as such had a very high level of privacy protection.
Many pilot projects had been run in the Brussels-Capital Region for children with disabilities. A rest house had been developed for children up to the age of 15 with autism, and a mobile unit had been developed to enable parents to accompany their children.
Significant policy developments had taken place in Belgium in education in the past five years. For Flanders, there was a new decree on learning support, building further on measures such as reasonable accommodation and the right to enrolment. There was not yet a plan to evolve towards an inclusive education system, but the Flemish Government had developed an advisory commission to develop a plan. The plan had been developed and published, and outlined clear goals towards an inclusive education system. There was an increase in pupils being identified as having special educational needs in mainstream schools, and an increase of pupils in special schools. A major reform was underway to improve the quality of the teaching system in the French-speaking community. Major priorities had been established, including to increase the number of special needs pupils in mainstream education.
Many steps had been taken to reduce the employment gap in Belgium. At the federal level, efforts had been made to remove barriers and uncertainties, including by lowering the price of labour. In Flanders, tailored work support companies had the mission to have at least 55 per cent of workers with a disability working there. Following an evaluation of the need for support, they could be guided towards a position in the open labour market. There was some progress from workers in collective settings towards the open labour market. While this was small, it was still growing thanks to new support measures for all companies. As of 2024, the Walloon Region had strengthened employer support services. There was a provision of support for the jobs of all persons with disabilities in the region.
Questions by Committee Experts
A Committee Expert asked about the barriers faced by students with disabilities in the context of universities, colleges and vocational training. What mechanisms were being used to monitor the barriers experienced by post-secondary students with disabilities? What steps were being taken to ensure students with disabilities could obtain reasonable accommodations in their tertiary training?
An Expert asked if there were any cases where if both parents had disabilities, this would be perceived as not being in the best interests of the child?
Another Expert said the Government believed private education was better for children with disabilities. Could this be clarified?
A Committee Expert said reliable information had been received from personnel regarding women who had undergone pregnancy checks who were encouraged to abort babies if the child had a disability. Was the State aware of the Committee’s guidelines on deinstitutionalisation and would these be applied?
An Expert asked about the progress to further improve the access of blind people to general information? Women and girls with disabilities faced multiple forms of discrimination. What were the affirmative actions in place to reduce this, including employment, decision-making and education?
A Committee Expert asked at what level had persons with disabilities, through their representative organizations, participated in the implementation of inclusive education?
SAOWALAK THONGKUAY, Committee Expert and Member of the Taskforce for the report of Belgium, said the anti-poverty plan expired in 2019. Would this plan be extended? What measures had the State party taken to repeal articles in the Civil and Electoral Codes which provided suspensions in voting rights on the basis of disability?
Responses by the Delegation
The Walloon Region had individual support which provided a maximum of 450 hours per year of support to students, including those with disability. The Flemish community also had a support model in education, in which every university received funding to support students with special educational needs. The German-speaking community ensured that children with disabilities had access to all education. An inclusive school was part of a holistic approach which aimed to expand across the community. A roundtable had been organised in the French-speaking community in 2022 with a view to increasing the number of inclusive classes. In Flanders, there was equal financing for students with an intellectual disability, whether they went to a special school or a mainstream school. Specific support teachers with expertise on intellectual disability supported these pupils.
In Brussels and Wallonia, voters with disabilities could provide proxies for people to vote in their name. They could also be accompanied to the voting booth by the person of their choice. Every voting centre needed to be accessible to persons with reduced mobility and at last one voting booth needed to be accessible in every voting centre.
A new poverty plan had been developed which included disability measures. A legislative approach was introduced to ensure consistency in exercising voting rights. The new law required the justice of peace to rule on this fundamental issue. The State was aware of the concerns around this law and would bring these matters to the attention to the next Government for further consideration.
Belgium was not aware of cases of women being pressured to make a decision on their pregnancy following prenatal tests but would look further into the protocols for health care workers. The State was aware of the deinstitutionalisation guidelines.
Concluding Remarks
CAROLE VAN BASSELAERE, Representative of the Independent Monitoring Mechanism, said although the Convention had been applicable in Belgium for the last few years, there had been many initiatives launched in the past few months. Some of these measures could not be verified and others were taken without consulting persons with disabilities. There had not been a specific answer on how to put an end to segregation, or stereotypes, among other issues. It must be ensured that children with disabilities could live together with children without disabilities as early as possible. Ms. Van Basselaere warmly thanked the Committee and the delegation for the work accomplished to date, and called on Belgian authorities to use this dialogue to establish an ambitious plan which implemented all aspects of the Convention.
JOACHIM LOMMELEN, Advisor, Federal Social Security Public Service of Belgium, thanked the Committee for the enriching exchange. Belgium attached great importance to the implementation of the Convention and the discussion today highlighted where additional actions were necessary. This dialogue came at a timely point for Belgium, providing a valuable opportunity to incorporate the outcome of the discussion in the multi-annual political planning.
SAOWALAK THONGKUAY, Committee Expert and Taskforce Member, thanked the delegation for the comprehensive dialogue. Both the delegation and the Committee could see weakness and strengths and opportunities to further enhance the implementation of the Convention.
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CRPD24.016E