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21 November 2012 Welsh Parliament – Implementing the UNCRC: the Welsh approach in an international context. Implementing the CRC in Belgium. Ellen Desmet Ghent University – University of Antwerp [email protected] Belgian state structure State structure Federal state

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Ellen Desmet Ghent University – University of Antwerp

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Ellen desmet ghent university university of antwerp e desmet@ugent be

21 November 2012

Welsh Parliament – Implementing the UNCRC: the Welsh approach in an international context

Implementing the CRC

in Belgium

Ellen Desmet

Ghent University – University of Antwerp

[email protected]


Ellen desmet ghent university university of antwerp

Belgian state structure

  • State structure

    • Federal state

    • Three Communities

    • Three Regions

  • Sixth state reform

    -> Communities will be responsible for family policy

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

Belgian state structure

  • Challenges

    • Different legislative developments (+ different pace)

    • Policy coherence

    • Data (dis)aggregation

    • International reporting obligations

      -> coordination by the National Commission on the Rights of the Child

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

The CRC in Belgium

  • Monistic legal system

    • But direct effect?

  • Constitution

    • Art. 11: prohibition of discrimination (cf. Art. 2 CRC)

    • Art. 22bis:

      • Right to respect for his or her "moral, physical, mental and sexual integrity“

      • Right to be heard (cf. Art. 12 CRC)

      • Development (cf. Art. 6 CRC)

      • Best interests of the child (cf. Art. 3 CRC)

  • References in legislation

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

1997 Decree on Child Impact Report

2002 Decree on FlemishYouth Policy

Flanders

Legislation

2008 Decree on conducting a Flemishpolicy on youth and children’srights

2012 Decree on a renewedyouth and children’srightspolicy

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

Flanders

Policy

  • Coordinating minister on children’ s rights (also minister of Youth)

  • Instruments of youth and children’s rights policy

    • Policy plans

      • Flemish Action Plans on Children’s Rights (2004 and 2011-2014)

      • Next: youth and children’s rights action plan

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

Flanders

Policy

  • Focal points for youth and children’s rights policy

  • Child and youth impact report (JoKER)

    • Ex ante impact assessment

    • For all legislative proposals based on initiative from the Flemish government

    • That have a direct impact on the interest of persons under the age of 25

      -> publicly accessible

  • Reflection group on youth and children’s rights policy

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

Role of parliamentarians

Federal Parliament

  • No separate commission on human rights

    Flemish Parliament

  • Flemish Children’s Rights Commissioner

    • Presentation of annual report

    • Advisory work for parliamentary commissions

    • Information of new evolutions

Implementing the CRC in Flanders – 21 November 2012


Ellen desmet ghent university university of antwerp

Thank you

www.keki.be

www.kekidatabank.be

Implementing the CRC in Flanders – 21 November 2012


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