prohibit foreigners from living in certain communes. While foreigners were
not eligible to vote or to stand for election, it was intended to amend the
Constitution to enable European Community citizens residing in Belgium to vote
in local and European elections. A Eoyal Commission on Immigration Policy had
been established in 1989 to investigate the problems of migrant workers, to
identify appropriate measures to promote mutual acceptance between immigrants
and indigenous communities and to create a harmonious multicultural society.
In its first two reports the Royal Commission had proposed a wide range of
measures, inducting granting Belgian nationality, by applying the principle of
jus soli, to second-generation immigrants whose parents had been legal
residents in Belgium for more than 10 years.
406. Regarding minorities and intercommunal cooperation, the representative
said there were legal and constitutional mechanisms to foster cooperation
between communities and regions, as well as to protect minority languages in
various regions. In order to ensure linguistic equality among judges, the
language in which they earned their diplomas determined the linguistic group
to which they belonged*
407. Since the Covenant expressly prohibited discrimination on specific
grounds, a prohibition that was implicit in Belgian law, there was no need to
amend the Constitution/ which addressed the guestion of the equality of all
citizens only in general terms. The Constitution allowed the three
communities to conclude treaties independently in areas of their own
competence, such as cultural exchange or education, but the question of
whether economic and social regions had such competence was currently under
debate within the European Community. Prostitution was considered a
legitimate occupation when it was practised by women who were properly
innoculated and were of age. However, it was felt that the State should
discourage the practice, and special measures would be taken to deal with the
problem of trafficking in women and prostitution, to which immigrant women
were particularly vulnerable.
Right; to life,, liberty and security of the person and treatment of prisoners
and other detainees
408. In connection with those issues, members wished to be informed about the
current situation in respect of the death penalty and the ratification of the
Second Optional Protocol; rules anct regulations governing the use of firearms
by the police and security forces; details concerning the Protection of Young
Persons Act 1965; detention in institutions other than prisons and for reasons
other than crimes; the maximum length of pretrial detention; remedies
available to persons claiming wrongful detention and their effectiveness;
measures to prevent cruel, inhuman or degrading treatment of prisoners and
detainees; procedures for the review of prison conditions; and compliance with
United Nations Standard Minimum Rules for the Treatment of Prisoners and the
availability of relevant regulations and directives to prisoners in all
official languages. In addition, members wished to know whether the
Government was addressing the affirmative aspects of the right to life, such
as the right to health, the elimination of epidemics and pollution-related
issues; what was Belgium's position regarding organ transplants from aborted
foetuses; whether detainees had the right to ask for a lawyer as soon as they
were arrested; whether medical examinations were carried out by independent
doctors; how solitary confinement was practised; and whether those held in
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