Children's Access to Justice for Environmental Rights | Belgium

This report looks at whether the laws and policies in Belgium make it possible for children to access their environmental rights. 

There are a number of provisions in the Belgian Constitution, including the explicit recognition of the ‘right to a healthy environment’. Children also benefit from additional and specific protections, including the right to have their moral, physical, mental and sexual integrity respected, and the right to benefit from measures and facilities that promote their development, and the right of children to express their views in all matters affecting them. This has particular relevance for children’s rights to protest, access to justice in environmental matters or information.

The upcoming appeal of VZW Klimaatzaak v Kingdom of Belgium, regarding targets for reducing greenhouse emissions, as well as a parliamentary initiative to include the crime of ‘ecocide’ in the Criminal Code are significant developments in Belgian law. 

Children have the right to access information, participate in peaceful assembly and form associations. However, the laws on compulsory education may limit these rights. Attending a protest, or being involved in human rights defending activity is not considered an acceptable “exceptional reason” to miss school, and penalties can be imposed at the discretion of each school. 

This report was published in November 2022 and developed with the support of our external reviewer. It was finalised based on any feedback from the State. If you would like to learn more, please read the full report below. If you would like to discuss the findings in the report further, or feel the information in the report will be useful in your own campaigning and practice then please contact us.