Belgium: The convention of the rights of the child in belgian case law

Abstract

Since the entry into force in Belgium of the Convention on the Rights of the Child (CRC), its provisions have been invoked by tribunals and courts in about 250–300 judicial decisions. A major obstacle in Belgian doctrine is the denial of direct effect to a number of CRC provisions. The CRC has played a gap–filling role in the absence of domestic legislation, particularly in regard to the right of children to express their views and have access to court. In the area of migration, it has performed a strong corrective role towards the legislator and a legitimising one towards the judicial bodies. The CRC often plays a subsidiary role in the absence of domestic legislation or relevant provisions in the European Convention on Human Rights. The CRC is certainly not the only legal reference text on children’s rights; nonetheless, the full potential of the CRC and the interpretative work of the CRC Committee has not yet been fully capitalised upon by Belgian judicial bodies.