associations to the National Labour Council; whether legislation existed to
protect such right of access and what action had been taken to implement ILO
recommendations in that regard; and whether the provision of the Belgian
Constitution restricting outdoor meetings was compatible with article 21 of
the Covenant.
416. In his reply, the representative said that, as a general principle,
preventive action to restrict freedom of expression was not permissible under
Belgian law. However, a posteriori judicial proceedings could be taken under
the civil or criminal codes to redress damage to a person's reputation. While
censorship of the press and other media was prohibited by the Constitution,
there had been petitions to prevent the publication or broadcasting of
damaging materials. In such cases magistrates had sought to strike a balance
between all interested parties without impeding the freedom of expression, and
granted petitions only where the rights of a third party had been manifestly
violated. Public television channels in both Flemish and French were Stateowned and operated but several French and Flemish private channels were also
in operation,
417. Concerning the dismissal of trade-union representatives, the
representative said that "serious reasons" were defined by law as any serious
transgression that immediately and definitely rendered future collaboration
between the employer and employee impossible. Trade-union representatives
were protected against dismissal for reasons related to their official status
and the "serious reasons" could not be linked to the existence or discharge of
official duties as trade-union representatives.
Protection of the family and child, right to participate in the conduct of
public affairs
418. In relation to those issues, members asked for information on legislation
regarding divorce and custody of children and concerning the law and practice
relating to the employment of minors. Members also wished to know what the
differences were between the status of legitimate and natural children and
whether the existence of the taortarchy impeded the application of the principle
of equal access to public office by providing privileged treatment for the
aristocracy.
419. In his reply, the representative said that the custody of children in the
event of a divorce or separation was determined either by agreement or by
court order, which was subject to review. In determining custody, the best
interests of the child were the paramount factor. Where custody was awarded
to one parent, the other retained the right to maintain personal relations
with the child. All such rights were subject to judicial control if the
child's physical or mental health was considered to be in jeopardy. Children
who had not completed their compulsory schooling were prohibited from taking
up employment except in areas related to their education and training. Work
in the mining industry and activities that might jeopardize or threaten the
health or morals of minors under 19 were also prohibited. The fact that a few
public functions were reserved for the royal family did not interfere with
full access by all citizens to public employment.
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