Decision of the Constitutional Court on the action for annulment brought by a coalition of associations on the legality of article 74/9 of the law of 15 December 1980. The Court confirmed the legality of this article and clarified its scope, finding that the detention did not violate the child’s fundamental rights, including the right to family life and to protection from all forms of inhuman or degrading treatment.
Countries Archives: Belgium
Final decision of the Council of State on the action for suspension and annulment brought by a coalition of associations after the publication of the Royal Decree of 22 July 2018 establishing the modalities of detention of families in migration. The Council of State decides to maintain the provision that allows the deprivation of liberty of families for a maximum period of 4 weeks and declares itself not competent to pronounce on the concrete measures for the functioning of the family homes.