The Right to housing is constitutionally guaranteed in Art. 23§3 which ensures that “everyone has the right to enjoy a life in conformity with human dignity”. The right to decent accommodation is understood as part of this right to dignity. Indeed, Art. 23§3 continues by stating that “towards this end, the law, the decree or rules established under Art. 134 guarantees, taking into account the corresponding obligations, economic, social, and cultural rights of which they determine the conditions for their implementation”.
In terms of International treaties and obligations, Belgium has ratified the Revised European Social Charter on 02/03/2004, accepting 87 of the Revised Charter’s 98 paragraphs, but excluding Article 31 on the right to housing.
Belgium has ratified, however, Article 16 of the Revised Social Charter, which partly overlaps with Article 31’s provisions to the right to housing. In 2009, the Council of Europe found in its annual report that Belgium was in conformity with Article 16.
Collective Complaints
Several civil society organisations describe the current situation as a ‘housing crisis’. There is a not only a shortage in social housing, but there is also a general shortage of qualitative and affordable housing for vulnerable groups.
This is the reason why in 2021, several organisations including FEANTSA, united in a coalition called the “Woonzaak” that advocates for a fair and just housing policy in Flanders[1], started a procedure before the European Committee of Social Rights against the Flemish housing policy, FEANTSA vs Belgium. [2] This procedure can lead to a condemnation, which can have a positive impact on national legislation, as was the case in France. The complaint was declared admissible on 13 July 2022. A decision is expected in 2024.
[1] De Woonzaak: https://www.woonzaak.be/.
[2] No. 203/2021 European Federation of National Organizations Working with the Homeless (FEANTSA) v. Belgium
Subject:
Human rights
Right to dignity
Right to housing
Country:
