Belgian municipalities that ban or restrict begging are violating the European Social Charter, according to a decision published on Monday by the European Committee of Social Rights.
The Council of Europe body said municipal by-laws limiting or prohibiting begging breach the right to protection against poverty and social exclusion under Article 30 of the Charter, which Belgium ratified in 1990.
The body also criticised the lack of an effective legal remedy for those targeted by the rules.
In addition, it found indirect discrimination based on ethnic origin and socio-economic status, particularly affecting Roma communities and other disadvantaged groups, although that conclusion was not unanimous and passed by 10 votes to four.
The complaint was brought by the International Federation for Human Rights and ATD Fourth World. The two NGOs argued that the municipal rules disproportionately targeted people living in poverty and minorities, deepened exclusion, and hindered access to social and legal protection.
The committee said such restrictions “exacerbate vulnerability and stigmatise the people concerned”. It added that the complexity of municipal regulations makes it “practically impossible” for people living in poverty to challenge how the rules are applied or to seek justice.
Restrictions and exceptions
According to the NGOs, municipalities began introducing significant restrictions after begging was decriminalised in 1993.
Belgium has 581 municipalities, and 253 of them have introduced bans that go beyond acceptable limits and unduly restrict the human rights of people who beg, according to a 2023 study cited by the committee. The study was carried out by the Anti-Poverty Service and the Federal Institute for the Protection and Promotion of Human Rights.
The committee said some forms of begging may still be restricted, for example in cases involving human trafficking or where begging is not a means of subsistence but a professional activity.
It added that restrictions on aggressive or intrusive forms of begging could be considered proportionate if they are based on clear criteria. According to the committee, that is not the case in some municipal by-laws.
Protecting minors and tourism
On begging involving minors, the committee said municipal rules have only a “very limited” effect. It said the regulations tend to punish begging with or by minors rather than address the underlying socio-economic causes.
Instead, legislative and policy measures should focus on prevention, support and lasting solutions for the children concerned, while ensuring their rights are protected. The Charter already requires states to protect children from all forms of exploitation, including through begging.
The committee also stressed that economic arguments, such as protecting tourism or commercial activity, cannot justify restrictions on human rights. Nor, it said, does the mere discomfort of passers-by when confronted with poverty amount to a threat to public order.
In its final assessment, the committee said municipal bans and restrictions on begging only worsen the already precarious situation of people who beg and live in poverty. It concluded that the measures in question are not necessary in a democratic society.
