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Belgium - Universal Periodic Review

UPR 38, May 5, 2021
Recommendations by Canada

Background

Belgium is a democratic country where freedoms of speech, assembly and association are guaranteed in law and in practice. It has a vibrant civil society and an independent and plural media. Belgium is a reliable international and multilateral actor that is active in the promotion and protection of human rights and democracy. Several independent national institutions are responsible for the promotion and protection of fundamental rights. In 2011, Belgium made a commitment to the United Nations Human Rights Council to create a national human rights institution (NHRI) covering all fundamental rights in the country in compliance with the Paris Principles (A status). Such an institution was created through legislation in 2019, and the government officially re-committed to implementing it in 2020.

Despite regional awareness campaigns, reports from the UN, Unia and civil society organizations have noted a marked increase in acts of racism. In particular, these reports have documented an increase in online hate speech and highlighted that law enforcement continues to engage in ethnic profiling.

In the past few years, Belgian authorities have demonstrated their commitment to making fighting child and family poverty a priority. However, UNICEF Belgium and several civil society organizations (such as La Coordination des ONG pour les droits de l’enfant [La CODE] and Defence for Children International - Belgium [DCI-Belgium]) have noted an increase in the rate of child poverty and an associated worsening of discrimination relating to access to healthcare, education, housing and recreation.

Although it has been observed that psychiatric inmates are receiving better care in specialized institutions, which was praised by the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in 2018, the Belgian section of the Observatoire international des prisons, reports that there are still psychiatric annexes in prisons, and that the May 4, 2016, legislation relating to incarceration and various judicial provisions still allow psychiatric patients to be sent to psychiatric annexes.

Recommendations

Thank you, Madam President.

Canada welcomes Belgium’s progress on the gender wage-gap and evidence-based research to support decisions.

Canada recommends that Belgium:

1. Accelerate the implementation of a national human rights institution (NHRI) (A status).
2. Adopt and implement a national anti-racism plan, including measures to prevent ethnic profiling by law enforcement and on-line hate speech;
3. Develop a national plan to combat child poverty, which specifically targets families at risk of poverty, and includes structural, sustainable and multidimensional responses aligned with the United Nations Guiding Principles on Extreme Poverty and Human Rights;
4. Avoid the incarceration of psychiatric inmates in prisons and simultaneously increase the number of beds available in specialized care facilities. 

We congratulate Belgium on the steps taken to prevent gender-based violence.

Canada also notes that Belgium has renewed its action plan on the prevention of discrimination and violence against LGBTI people.