A/HRC/32/8
7.
The Minister stated that human rights were effectively promoted and protected in
Belgium, through the existing legislative framework and through its strict implementation.
Belgium attached great importance to these universal international standards and made a
determined effort to implement them. That also explained why Belgium was among the
limited group of countries that were never late in submitting their periodic reports to United
Nations treaty bodies.
8.
Belgium had acceded to most of the international human rights conventions. Since
the last universal periodic review, Belgium had acceded to the International Convention for
the Protection of All Persons from Enforced Disappearance in 2011 and in 2014 to the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
and the Optional Protocol to the Convention on the Rights of the Child on a
communications procedure. The ratification procedures for the Council of Europe
Convention on Preventing and Combating Violence against Women and Domestic
Violence had been completed and Belgium would shortly be formally depositing its
instrument of ratification with the Council of Europe.
9.
The Minister continued his statement by stressing that the fight against all forms of
discrimination was a central concern of Belgium. The Government therefore took its
commitments to gender equality very seriously. The issue was the focus of special attention
at all levels of government. Various laws had been adopted with the aim of improving the
representation of women in professional and political life. Progress made in that regard had
been encouraging. Particular attention had also been paid to combating sexism and
promoting equality through education. Belgium had also adopted a new ambitious and
comprehensive national plan to combat gender-based violence for the period of 2015-2019.
10.
Regarding the combat against racism and xenophobia, legislative and legal
instruments had been amended so as to better detect and punish discrimination and violence
based on racial hatred. The training component — whether for the police or for teachers —
had not been forgotten. Combating specific discrimination against lesbian, gay, bisexual
and transgender (LGBT) persons had also received particular attention, with a focus on
both prevention and protection. In line with the Convention on the Rights of Persons with
Disabilities, Belgium had established a new legal protection status based on the autonomy
of persons with disabilities. The new law on legal capacity, which had entered into force on
1 September 2014, provided that a person shall be considered capable, unless expressly
deemed incapable of certain acts by the justice of the peace. The new system was based on
the individual needs of the person requiring protection. Measures had also been taken to
prevent the placement in prison of persons who required psychiatric confinement. The
opening of a new centre of forensic psychiatry and establishment of long-term residence
units for detainees in psychiatric institutions had led to a substantial reduction in the
number of persons requiring psychiatric confinement that were held in prisons. Projects
aimed at optimal social integration were ongoing.
11.
In the area of justice, Belgium had launched a series of initiatives aimed at reducing
prison overcrowding. It had thus invested in new institutions and had renovated existing
structures. It had also taken measures to strengthen alternative penalties to imprisonment.
The results of these measures had been encouraging and had helped to reduce prison
overcrowding from 25 per cent to 8 per cent.
12.
The Minister also referred to the adoption in 2011 of the Act amending the Code of
Criminal Procedure (the “Salduz” Act), which set forth several important new rights,
including the right to consult privately with a lawyer before being questioned and the right
of persons deprived of their liberty to be assisted by a lawyer during hearings and
interrogations. Significant efforts had been made to ensure that judicial proceedings were of
a reasonable length. Moreover, a compensation procedure was available in the event of
excessively long criminal proceedings.
4
GE.16-05884
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