Education International Barometer of Human & Trade Union Rights in Education
Belgium
Kingdom of Belgium
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  Pre-primary Primary Secondary Tertiary Spending % of
Belgium Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009 424853 48.71 201690 112.8 99.56 731603 48.87 336095 103.41 98.7 11.14 810411 48.24 254012 107.54 425219 54.8 66.32
2008 416891 48.67 197904 121.66 99.56 733052 48.92 336602 103.04 98.41 11.18 817258 48.15 255805 108.34 401652 55.03 62.97 6.46
2007 411951 48.73 195664 120.93 99.47 732411 48.9 334976 102.34 97.75 11.2 825293 48.03 261213 109.53 393687 54.95 62.1 6.02
2006 411712 48.8 194885 120.99 99.56 732808 48.81 333973 101.86 97.13 11.28 821996 48.05 260289 109.41 86.9 394427 54.71 62.64 5.99
2005 412041 48.83 120.51 99.5 738580 48.81 335666 102.2 97.4 11.49 814539 48.02 259412 108.96 86.14 389547 54.41 62.33 5.93
2004 399437 48.82 53.51 116.3 99.98 747111 48.81 54.66 103.95 98.77 11.57 805778 48.03 67.77 108.89 97.05 10.04 386110 53.81 55.39 62.54
2003 401975 48.71 53.41 116 99.76 761730 48.66 54.18 104.9 98.62 11.88 1181327 51.26 57.25 160.15 96.86 10.03 374532 53.35 60.67 6.22 11.85
2002 401034 48.87 53.69 114.6 99.71 767787 48.67 54.31 104.87 98.71 11.94 1149329 51.64 57.41 156.39 94.94 10.57 366982 53.09 59.37 6.29
2001 400805 48.78 54.1 113.35 98.7 771889 48.65 54.41 104.9 98.73 12.13 1125256 51.43 57.84 153.66 10.35 359265 52.83 57.95 6.12 12.36
2000 400421 48.65 54.51 112.01 96.44 773742 48.64 54.45 104.98 99.67 11.98 1057536 51.23 59.38 144.86 10.06 355907 52.27 57.1
1999 399443 48.51 55.56 110.5 96.13 762734 48.55 55.05 103.62 98.73 1033484 50.63 141.94 351788 52.68 56.08
Last updated: 11 September 2012

Introduction

Belgium is a parliamentary democracy with a symbolic constitutional monarch. The Council of Ministers (Cabinet), headed by the Prime Minister, holds office as long as it retains the confidence of the lower house of the bicameral Parliament. Federal parliamentary elections were free and fair and resulted in a coalition government. In addition to the federal government there exist regional (Flanders, Wallonia and Brussels), community (Flemish, Francophone and German), provincial and local governments or councils.

Citizens aged 18 and older exercise their right to choose a government through periodic elections held on the basis of universal suffrage. Voting in all elections is compulsory; failure to vote results in a fine.

Most major institutions, including political parties, are divided along linguistic lines. With 3 official languages, the country has language requirements for various elected and appointed positions.

The Ghent Appellate Court ruled that the non-profit organisations that constituted the Vlaams Blok violated the country's anti-racism and anti-discrimination legislation. Vlaams Blok changed its name to the Vlaams Belang to avoid legal action, but it continues to receive public funds under its new name.

There are 52 women in the 150-seat Chamber of Representatives, 26 women in the 71-seat Senate and 5 women in the 21-member Cabinet. Parliament has adopted legislation that requires an equal number of male and female candidates on party slates for all future regional and federal elections. There is 1 minority member of the Cabinet member and 6 minority members of the Senate. 4 minorities are represented in the Chamber and 2 in the regional governments.

Citizens and non-citizens have the right to free government information, except for material involving national security. The judiciary is independent, and the law prohibits the incitement of discrimination, hate or violence based on race, ethnicity or nationality. It also prohibits discrimination based on race, gender, disability, language or social status. These laws are enforced.

This highly industrialised country provides a high standard of living for most citizens.
Racist and xenophobic violence against Jews and Muslims occurs.

Belgium is a destination and transit country for trafficked persons, the majority of whom are young women from Sub-Saharan Africa, Central Europe and Asia trafficked for the purpose of sexual exploitation. Male victims are trafficked for exploitative labour in restaurants and sweatshops. The government complies with minimum standards for the elimination of trafficking and has co-sponsored awareness-raising campaigns to educate Belgian travellers about child sex tourism. Severe penalties are imposed on persons with child pornography or paedophilic materials.

Criminal gangs traffic their victims from city to city within the country but also use the European Union's open borders to move them from country to country. Corruption is not a problem. A parliamentary committee noted an increase in the reported use of force, racism and verbal abuse by police.

Freedom of speech and of the press are guaranteed. The law accords "recognised" status, and gives government subsidies, to Roman Catholic, Protestant, Anglican and Orthodox Christianity, to Judaism and Islam, as well as to the Central Council of Non-Religious, Philosophical Communities.

0.3% of the population are reported as being HIV-positive. Belgium recognises homosexual marriages and provides benefits accordingly.

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?Education Rights

A compulsory, public education system is free of charge for ages 6 to 18. No school fees of a direct or indirect nature may be charged to pupils who are subject to compulsory school attendance. Increasingly, however, some costs are being charged to parents for activities not required to attain the final diploma.

Whereas the state legislates regarding education, responsibility for schools lies with the language communities: Dutch in Flanders, French in Wallonia and both of them in Brussels and in some surrounding communes. As well as state schools there are subsidised "free" and independent schools, often run on religious lines, though their curricula and certification are recognised equally within the system. Religion plays a part in state education, and students can opt for Catholic, Protestant or Jewish studies, or for a more general secular approach. Each recognised religion has the right to provide teachers at government expense for religious instruction in public and private schools. Political leaders have avoided parliamentary debate over the use of religious symbols in public schools by making individual schools responsible for such matters.

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?Early Childhood
Education (ECE)

A 3-year ECE programme begins at age 2. The Net Enrolment Rate (NER) is 100% (49% female). 53% of ECE programmes are private. At this level there are 28,051 teachers (99% female). The pupil/teacher ratio (PTR) is 14 : 1.

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?Primary Education

Primary education begins at age 6 and lasts until age 11. The NER is 99% (98% female). At this level 54% of education is private. There are 64,125 primary teachers (78% female). The PTR is 12 : 1.

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?Secondary Education,
Vocational Education and Training

Secondary education begins at age 12 and lasts for 6 years. The NER is 98%. 57% of secondary schools are private. 59% of students study in technical vocational programmes (38% in lower secondary and 70% in upper secondary). There are 36,425 secondary teachers (58% female). The PTR is 12 : 1.

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?Tertiary/Higher Education

There are 386,110 tertiary level students (54% female). At this level 55% of education is private. There are 25, 602 tertiary academics (40% female). There are 37,103 foreign students studying in Belgium, mainly from North America and Western Europe (22,381), Sub-Saharan Africa (4,521), the Arab States (3,398), Central and Eastern Europe (2,209), Latin America (981) and Asia (887). At the same time 10,729 Belgian students study abroad, mainly in France (2,841), the UK (2,418), the Netherlands (1,967), Germany (1,021) and the USA (823).

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?Children with Special Needs

Disabled persons are protected from discrimination in education and other state services. Financial assistance is provided to persons with disabilities, and special allowances are paid to parents of children with disabilities. Persons with disabilities are eligible to receive services in any of the country's 3 regions. Specialised schools for disabled children exist in the different language communities. Special education is governed by legislation. Some 3% of all students attend special schools. Teachers who work in special schools follow courses for skill upgrading and retraining. Class sizes are low in special schools.

Government and private groups provide shelters for runaways and counselling for children who have been physically or sexually abused. A government-sponsored centre for missing and exploited children reported a 30% increase in reported cases.

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?Refugee Children

The law includes provisions for the granting of asylum or refugee status in accordance with the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol, and the government has established a system for providing protection to refugees. 5 detention centres house those who enter the country illegally. The detention of minors in these facilities remains controversial, and the government is exploring changes to the handling of underage asylum-seekers.

Belgium provides special care for asylum-seeking, refugee and migrant children who have been involved in or affected by armed conflict. Efforts are made to identify such children at the earliest possible stage and to provide them with assistance for their physical and psychological recovery and social reintegration. Special training is provided to those working with asylum-seeking and migrant children.

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?Minorities and Indigenous Peoples

Individual differences, particularly linguistic preference, are respected. Approximately 60% of citizens are Dutch-speakers, 40% are French-speakers and fewer than 1% are German-speakers. These linguistic groupings include immigrant communities, who complain of ethnic discrimination in the job market. Members of the Moroccan and Turkish communities claim discrimination notably in education and employment. Only 30% of working-age, non-EU immigrants are employed.

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?Academic Freedom

Reports do not indicate violations of academic freedom.

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?Gender Equality

Discrimination in hiring, working conditions, promotions, wages and contract termination is illegal. Equal treatment of men and women is required, and a comprehensive approach has been introduced for the integration of women at all levels of decision-making. However, the gross average salary for a woman is 85% of the national gross average salary. Almost 51% of women aged 15 to 60 are employed; 36.8% of these are part-time.

The law defines and criminalises domestic violence, which nevertheless remains a problem. A national plan to prevent domestic violence attempts to increase awareness. The law requires that a database of statistics on domestic violence be established. Sexual harassment is illegal, and victims have the right to sue.

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?Child Labour

The minimum age of employment for children is 15. Youth aged 15 to 18 can participate in part-time work/study programmes and can work full-time during school vacations. Compliance with national laws and standards is effectively monitored.

An amendment to the Criminal Code defines as war crimes the recruitment of children under age 15 into the armed forces or armed groups, or making children take an active part in hostilities. To prevent children from participating in armed conflict is a priority in Belgian development cooperation. Children under age 15 who were used as participants in hostilities can obtain direct access to Belgian courts if there is a link between Belgium and the crime.

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?Trade Union Rights

Workers have the right to organise and join trade unions. Approximately 60% of employed and unemployed workers are members of unions. Each judicial district has a labour court responsible for litigation between employers and employees regarding wages, notice, competition clauses and social security benefits. The right to organise and bargain collectively and the right to strike are protected and exercised. The International Labour Organisation has indicated that the absence of specific criteria for the selection of employer and trade union representatives to the National Labour Council leaves broad discretionary power to the government.

Forced and compulsory labour is prohibited but occurs among trafficked persons. The monthly national minimum wage for workers over 21 is US$1,678 (1,243 Euros). The minimum wage and the extensive social benefits are reported to provide a decent standard of living for a worker and family. The standard work week cannot exceed 38 hours, and many collective bargaining agreements set work weeks of fewer hours.

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Country/Territory name Kingdom of Belgium
Population 10379067 (2005)
ILO Conventions ILO 29 (1944)
ILO 87 (1951)
ILO 98 (1953)
ILO 100 (1952)
ILO 105 (1961)
ILO 111 (1977)
ILO 138 (1988)
ILO 182 (2002)
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