Country profile BEL
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 8/6/1867 | C182 | Criminal Code - Article 433quinquies. 5. and Article 433septies. 1. | [{"link_name":"Criminal Code","source_link":"https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1867060801#LNK0117"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 433quinquies of the Criminal Code addresses the prohibition of using, procuring, or offering children for illicit activities. It states that, the offence of human trafficking consists of recruiting, transporting, transferring, harbouring or receiving a person, or taking or transferring control over that person, for the purpose of compelling that person to commit a crime or offence against their will. For its part, Article 433septies. 1. considers as an aggravating circumstance, the committing of such offence on a child. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1967-06-09 | C182 | Criminal Code - Article 417/33 and 417/52 | [{"link_name":"Criminal Code","source_link":"https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1867060801#LNK0117"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 417/33 of the Belgian Criminal Code criminalize the incitement of a minor to debauchery or prostitution. Besides, although Article 417/52 prohibits the production or dissemination of content of an extremely pornographic or violent nature addressed to a minor or a person in a vulnerable situation, there seems to be no clear prohibition of the use of children for the production of child pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | N/A | C182 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | There are no conscription requirements or mandatory military service for Belgian citizens. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1867-06-08 | C182 | Criminal Code - Articles 433quinquies and 433septies | [{"link_name":"Criminal Code","source_link":"https://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1867060801#LNK0117"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The Belgian Penal Code, particularly Article 433quinquies accompanied by 433septies, prohibit the sale and trafficking of children for sexual and labour exploitation. |
| List of hazardous activities prohibited for children | 2024-05-12 | C138 & C182 | Code on Well-being at Work (book X, title 3) - Art. X.3-8; Annex X.3-1 | [{"link_name":"Code on Well-being at Work","source_link":"https://emploi.belgique.be/sites/default/files/content/documents/Bien-%C3%AAtre%20au%20travail/R%C3%A9glementation/Code%20livre%20X%20titre%203%20Jeunes%20au%20travail.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Belgium has a detailed list of hazardous activities prohibited for children under 18, specified in the Code on Well-being at Work (book X, title 3). Art. X. 3-8 specify these activities, include the occupations listed in Annex X.3-1 of that same Text. |
| Minimum age for hazardous work | 1999-05-03 | C138 & C182 | Code on Well-being at Work (book X, title 3) - Art. X.3-2. | [{"link_name":"Code on Well-being at Work","source_link":"https://emploi.belgique.be/sites/default/files/content/documents/Bien-%C3%AAtre%20au%20travail/R%C3%A9glementation/Code%20livre%20X%20titre%203%20Jeunes%20au%20travail.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | The minimum age for hazardous work in Belgium is 18 years, as stipulated in the Code on Well-being at Work (book X, title 3). The Text allows exceptions for 15 to 17-year-olds if their health and safety are fully protected and they receive adequate training (Art. X.3-2. that defines the age of young worker from 15 to 18). |
| Minimum age for admission to apprenticeship | 2008-10-24 ; 2016-06-10 ; 1991-09-14 ; 2024-05-12 | C138 | Framework cooperation agreement on apprenticeship, concluded in Brussels on 24 October 2008, between the French Community, the Walloon Region and the French Community Commission (as amended on 30 July 2014) - Article 2. a) ; Decree on the apprenticeship and work system in the Flemish Community of 10 July 2008 - Article 39 ; Ordinance on the organisation of work-linked education and training, published in Moniteur Belge on 14 Septembre 1991 ; Code on Well-being at Work (book X, title 3) - Art. X.3-2. b) | [{"link_name":"-Framework cooperation agreement on apprenticeship","source_link":"https://wallex.wallonie.be/files/pdfs/19/6983_Accord_de_coop%C3%A9ration-cadre_relatif_%C3%A0_la_formation_en_alternance%2C_conclu_%C3%A0_Bruxelles%2C_le_24_octobre_2008%2C_entre_la_Communaut%C3%A9_fran%C3%A7aise%2C_la_R%C3%A9gion_wallonne_et_de_la_Commission_communautaire_fran%C3%A7_01-09-2015-.pdf"},{"link_name":"-Code on Well-being at Work (book X, title 3)","source_link":"https://emploi.belgique.be/sites/default/files/content/documents/Bien-%C3%AAtre%20au%20travail/R%C3%A9glementation/Code%20livre%20X%20titre%203%20Jeunes%20au%20travail.pdf"},{"link_name":"-Ordinance on the organisation of work-linked education and training","source_link":"https://gallilex.cfwb.be/sites/default/files/imports/16421_004.pdf"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | The apprenticeship system is regional competence in Belgium which implies that the minimum age for apprenticeship is set at regional level level. Article 2. a) of the Framework cooperation agreement on apprenticeship, concluded between the French Community, the Walloon Region and the French Community Commission and the Ordinance on the organisation of work-linked education and training, published in Moniteur Belge set the minimum age for apprenticeship to 15 years while Article 39 of the Decree on the apprenticeship and work system in the Flemish Community specifies that learners become eligible for apprenticeships once they have completed the age of completion of compulsory schooling, which coincides with reaching the age of 15. Furthermore, it is worth noting that Art. X.3-2. b) of the Code on Well-being at Work (book X, title 3) defines as a young employee any person who is no longer subject to full-time compulsory education and who is employed under an apprenticeship contract. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1971-03-16; 1983-06-29 | C138 | Code on Well-being at Work (book X, title 3) - Art.X.3-2.1.a) ; Compulsory Education Law - Article 1 | [{"link_name":"-Compulsory Education Law","source_link":"https://gallilex.cfwb.be/sites/default/files/imports/09547_005.pdf"},{"link_name":"-Code on Well-being at Work","source_link":"https://emploi.belgique.be/sites/default/files/content/documents/Bien-%C3%AAtre%20au%20travail/R%C3%A9glementation/Code%20livre%20X%20titre%203%20Jeunes%20au%20travail.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | In Belgium, compulsory education ends at 18 years old, as stipulated in Article 1 of the Compulsory Education Law. For its part, Art.X.3-2.1. a) of the Code on Well-being at work states that, a young worker is defined as any person aged 15 to 18 who is no longer subject to full-time compulsory schooling and who is employed under an employment contract or who, other than under an employment contract, performs work under the authority of another person. This ensures that the age of completion of compulsory education is effectively linked with the minimum age for admission to work. |
| Light work - Determination of types and conditions of activities | 1971-03-30 | C138 | Labour Law - Article 7.2 | [{"link_name":"Labour Law","source_link":"https://www.ejustice.just.fgov.be/eli/loi/1971/03/16/1971031602/justel"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Labour Law of 16 March 1971 does not specifiy a precise minimum age for light work neither does it determine the types of activities that are considered light work. |
| Minimum age for light work | 1971-03-30 | C138 | Labour Law - Article 7.2 | [{"link_name":"Labour Law","source_link":"https://www.ejustice.just.fgov.be/eli/loi/1971/03/16/1971031602/justel"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The Labour Law of 16 March 1971 does not specify a precise minimum age for light work, nor does it provide a list of light work activities that children may perform. |
| Minimum age for admission to work | 2024-05-12 | C138 | Code on Well-being at Work (book X, title 3) - Art. X.3-2. 1. a) | [{"link_name":"Code on Well-being at Work","source_link":"https://emploi.belgique.be/sites/default/files/content/documents/Bien-%C3%AAtre%20au%20travail/R%C3%A9glementation/Code%20livre%20X%20titre%203%20Jeunes%20au%20travail.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | In Belgium, the minimum age for admission to work is 15 years, provided that the child has completed compulsory education. This is in accordance with the Code on Well-being at Work (book X, title 3). Specifically, Art. X.3-2. 1. a) defines a young person at work as any person aged 15 to 18 who is no longer subject to full-time compulsory schooling and who is employed under an employment contract or who, other than under an employment contract, performs work under the authority of another person. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 08-MAY-2002 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 19-APR-1988 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Research did not yield a specific action plan to combat child labour in Belgium. The issue of child trafficking received specific attention under the 2012-2014 National Action Plan to combat Trafficking in Human Beings. The multidisciplinary circular of 26 September 2008 which underlined the need to systematically take account of the best interests of the child during the procedures regarding victims of trafficking has been revised with the view to better addressing the situation of Belgian and EU nationals. The third National Action Plan pays particular attention to the prevention of child trafficking through educational actions for children and young adults. The regional authorities consider organising, in consultation with the Bureau of the Inter-departmental Unit, public awareness initiatives in the education sector. Such initiatives will aim in particular at increasing awareness among girls about the phenomenon of “loverboys”. Further, it is planned to provide teachers with information on child trafficking. In particular, in francophone schools it is envisaged to supplement the Guide for prevention and management of violence in schools by information on the referral and assistance of victims of trafficking. | [{"link_name":"Source","source_link":"https://www.dsb-spc.be/doc/pdf/NAP_TIP_2021_2025_ENG.pdf"}] | 2021-2025 | National Action Plan to combat Trafficking of Human Beings | Inter-departmental Unit |