Organization for Youth Education & Development (OYED)
Laws Concerning Youth in Belgium
Laws Concerning Youth in Belgium
Belgium is a federal state, consisting of 3 Communities (the Flemish Community, the French Community and the German-Speaking Community) and 3 Regions (the Flemish Region, the Walloon Region and the Brussels Capital Region). There is no hierarchy between the federal, the Community and the Regional levels. The competencies on youth and children’s rights have been transferred from the federal government to the three communities. The federal ‘Belgian’ level of government only has limited competence in youth matters, for example in some aspects of judicial youth protection. The Communities have a minister responsible for Youth, a parliamentary commission, a number of administrative departments with ‘youth’ in their title and a large number of specific youth-related budget items. In order to understand the youth policy in Belgium, a brief analysis of the situation in the three Communities is necessary.
Starting with the Flemish Community, the key instrument in the implementation of its youth policy is the Flemish Youth Policy Plan. It describes the aims of the Flemish government within these areas of competence and embeds them in a general vision on youth, youth policy and children’s rights. Another interisting aspect concerning youth in the Flemish Community is that any draft act submitted to the Flemish Parliament has to be accompanied by a report regarding its impact on children and youth, whenever the proposal directlyaffects people under the age of 25.
As for the French Community, the Youth Department is in charge of the implementation of the youth policy of the French Community of Belgium, whose main aim is to promote the individual and collective participation of young people by learning to be an active, critical and responsible citizen. Furthermore, the French Community’s Youth Council (Conseil de la Jeunesse de la Communauté française– CJCF) is the official advisory board of the young people of the French Community of Belgium. Its main mission is to bring the youth’s voice to the national and international level. The aim of the Youth Council is also to promote the image and the engagement of the young people, to encourage their development and their emancipation as well as to promotetheir expression.
Finally, the current developments and youth policy design in the German-Speaking Community are based on the structured youth consultations which took place in 2005/2006, as well as on the concept for regional development for 2009-2025, which were incorporated in the policy statements of the government in September 2007 and 2009. The main priority is the development of instruments and methods to come to a comprehensive and high quality youth policy based on knowledge and information.
Below you will find a list of the most important acts concerning youth in Belgium.
FEDERAL LEGISLATION
2006
- The Law of Volunteering
It defines the statute of the voluntter and entered into force in August 2006. This legal framework for volunteering was set out by the Federal Parliament and implemented by the Federal Government, administrative bodies, etc. The Law on Volunteering is wide-ranging and applies to volunteering throughout Belgium.[1]
FLEMISH COMMUNITY
2012
- Flemish Parliament Act of January 20, 2012 on youth and children's rights policy [2]
2008
- FlemishParliamentAct of 18 July 2008 on “conducting a Flemish policy on youth and children’s rights” [3].
This act on one hand describes the basic instruments to implement youth policy, and on the other hand it specifies the conditions for accreditation and funding of a large number of private organisation, youth-related associations and young people. In this new Act the youth and children’s rights policy isdefinedasfollows: “the integrated and integral vision and systematic and planned measures based on that vision implemented by a public authority, which expressly aim to have an impact on youth, while paying special attention to the International Convention on the Rights of the Child, adopted in New York on 20 November 1989 and approved by Act on 15 May 1991, as an ethical and legalframework”.
This Act mentions five instruments to implement this policy: Flemish youth policy plan, the annual report on youth and children’srights, the Child and Young people Impact Report, the contactpointsasregards policy on the rights of youth and children and a youth monitor.
2003
- FlemishParliamentAct of 14 February 2003 on “supporting and stimulating the municipal, inter-municipal and provincial youth policy and youth work policy” [4]
It determines the funding conditions applicable to local authorities, provincial authorities and the Flemish Community Commission (in Brussels) with respect to designing and implementing a youth policy plan.
FRENCH COMMUNITY
2009
- Décret du 26 mars 2009 fixant les conditions d'agrément et d'octroi de subventions aux organisations de jeunesse [5].
It establishes the rules for the recognition and subsidisation of youth organisations.
2008
- Décret du 14 novembre 2008 instaurant le Conseil de la Jeunesse en CommunautéFrançaise [6].
It establishes the Youth Council of French Community. The Youth Council promotes young citizen participation in the civil society and contributes to the development of a collectiveyouth society in the French Community.
2002
- Décretdu 20 juin 2002 instituant un délégué général de la Communauté française Aux droits de l’enfant [7].
It establishes a childrights Commissionner for the French Community of Belgium. The Commissioner promotes rights and interests of children and young people.
2000
- Décretdu 20 juillet 2000 déterminant les conditions d'agrément et de subventionnement des maisons de jeunes, centres de rencontres et d'hébergementet centres d'information desjeunes et de leursfédérations [8].
It establishes the rules for the recognition and subsidisation of youth centres and facilities.
1991
- Décret du 4 mars 1991relatif à l'Aide à la Jeunesse [9].
It provides assistance to young people and their families, striving to offer a non-judicial response to those who are in difficulty or danger. It also offers assistance to parents who are experiencing serious difficulties in fulfilling their parental obligation.
GERMAN SPEAKING COMMUNITY
2012
- Beschluss zur Genehmigung des Strategieplans Jugend der Deutschsprachigen Gemeinschaft 2013-2015 - "Zukunft für alle jungen Menschen - Benachteiligte junge Menschen in den Fokus"
Decision of approving the strategic plan of the German-speaking Community Youth 2013-2015 - "Future for all young people – focus on Young people".
[1] Source: http://europa.eu/youth/be/article/law-volunteering-belgium_en (Accessed 03/04/2014 12:00)
[2] Source: http://youth-partnership-eu.coe.int/youth-partnership/documents/Questionnaires/Understanding/2013/BetterKnowledge_Flanders2013.pdf(Accessed 01/04/14 21:00)
[3]Source: http://youth-partnership-eu.coe.int/youth-partnership/documents/Questionnaires/Country/Country_sheet_2011/Country_sheet_Belgium_Flanders_2010.pdf (Accessed 01/04/14 21:00)
[4] Ibidem
[5] Source: http://www.projeunes.be/pjs_PDF/PJS_decrets/decret_oj.pdf(Accessed 01/04/14 21:00)
[6] Source: http://www.conseildelajeunesse.be/wp-content/uploads/2012/11/Decret_Coordonn%C3%A9_Conseil_Jeunesse-2013.pdf(Accessed 01/04/14 21:00)
[7] Source: http://www.dgde.cfwb.be/index.php?eID=tx_nawsecuredl&u=0&file=fileadmin/sites/dgde/upload/dgde_super_editor/dgde_editor/documents/decret_dgde.pdf&t=1396394130&hash=1a52159c91190321b96d39ac2a0e2dbfaea2e3b0 (Accessed 01/04/14 21:00)
[8] Source: http://www.relie-f.be/IMG/pdf/000720-decret_cj.pdf(Accessed 01/04/14 21:00)
[9] Source: http://www.gallilex.cfwb.be/document/pdf/20284_004.pdf (Accessed 01/04/14 21:00)
