Belgium

Interpretative declarations:

       1. With regard to article 2, paragraph 1, according to the interpretation of the Belgian Government non-discrimination on grounds of national origin does not necessarily imply the obligation for States automatically to guarantee foreigners the same rights as their nationals.  This concept should be understood as designed to rule out all arbitrary conduct but not differences in treatment based on objective and reasonable considerations, in accordance with the principles prevailing in democratic societies.

       2. Articles 13 and 15 shall be applied by the Belgian Government within the context of the provisions and limitations set forth or authorized by said Convention in articles 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.

       3. The Belgian Government declares that it interprets article 14, paragraph 1, as meaning that, in accordance with the relevant provisions of article 18 of the International Covenant on Civil and Political Rights of 19 December 1966 and article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, the right of the child to freedom of thought, conscience and religion implies also the freedom to choose his or her religion or belief.

       4. With regard to article 40, paragraph 2 (b) (v), the Belgian Government considers that the expression "according to law" at the end of that provision means that:

       (a) This provision shall not apply to minors who, under Belgian law, are declared guilty and are sentenced in a higher court following an appeal against their acquittal in a court of the first instance;

       (b) This provision shall not apply to minors who, under Belgian law, are referred directly to a higher court such as the Court of Assize.

Belgium

26 September 1996

       With regard to the reservations made by Singapore upon ratification:

       The Government considers that paragraph 2 of the declarations, concerning articles 19 and 37 of the Convention and paragraph 3 of the reservations, concerning the constitutional limits upon the acceptance of the obligations contained in the Convention, are contrary to the purposes of the Convention and are consequently without effect under international law.

9 May 2016

With regard to the reservations made by the Federal Republic of Somalia upon ratification:

       The Kingdom of Belgium has carefully examined the reservations made by the Federal Republic of Somalia upon ratification on 1 October 2015 of the Convention on the Rights of the Child.

       The Kingdom of Belgium considers that the reservations concerning in particular articles 14, 20 and 21 of the Convention on the Rights of the Child are incompatible with the object and purpose of that Convention.

       These reservations effectively subordinate the application of all the provisions of the Convention to their compatibility with Islamic Sharia. The Kingdom of Belgium considers that such reservations seek to limit the responsibilities of the Federal Republic of Somalia under the Convention through a general reference to Islamic Sharia.

       The result is some uncertainty about the extent of the commitment of the Federal Republic of Somalia to the object and purpose of the Convention.

       The Kingdom of Belgium notes that, under article 51, paragraph 2, of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.  Consequently, the Kingdom of Belgium registers an objection to the reservations made by the Federal Republic of Somalia concerning articles 14, 20 and 21 of the Convention on the Rights of the Child and concerning any other provision of the Convention contrary to the general principles of Islamic Sharia.

       Belgium specifies that this objection does not constitute an impediment to the entry into force of the Convention between the Kingdom of Belgium and the Federal Republic of Somalia.