VIVAT International Belgium urges the Belgian Government and Parliament to protect Article 23, which guarantees human dignity and essential social rights. Following the Constitutional Court’s ruling, it emphasizes that migration reforms must respect the rule of law and never disproportionately harm vulnerable people or families.
VIVAT International Belgium has called upon the Belgian Government and Parliament to safeguard Article 23 of the Belgian Constitution, a fundamental provision protecting human dignity and essential economic, social and cultural rights.
Article 23 affirms that everyone has the right to live in accordance with human dignity. It guarantees several basic rights, including the right to work and fair working conditions, social security and healthcare, decent housing, a healthy environment, cultural and social development, and family benefits. These protections are particularly important for people experiencing poverty, displacement, homelessness and social exclusion.
VIVAT International Belgium expressed concern following political criticism of Article 23 and legislative efforts to restrict assistance for certain categories of asylum seekers. In July 2025, the Federal Parliament amended Belgium’s Reception Act, limiting access to material assistance, including accommodation, for some applicants seeking international protection. Those affected included people who had already received protection in another European Union country and families submitting a new asylum application on behalf of a child.
On 21 May 2026, the Belgian Constitutional Court annulled important provisions of this legislation. The Court emphasized that, for certain asylum seekers, assistance provided through the Public Social Welfare Centres may be their only means of living in conditions consistent with human dignity. This is especially true when reception centres are full or when family or medical circumstances make accommodation in such centres unsuitable.
The Court found that denying financial assistance to these vulnerable groups could seriously violate their right to human dignity. It also determined that the contested measures represented a significant and unjustified reduction in the protection of social assistance and decent housing. Furthermore, the Court reaffirmed that respect for the rule of law is binding upon everyone, including the Government and Parliament.
At the heart of the ruling is the “standstill” principle contained in Article 23. This principle prevents legislators from substantially reducing existing social protections without a reasonable justification connected to the public interest. However, as VIVAT International Belgium points out, this obligation is not absolute. The Government retains the authority to introduce necessary reforms when they genuinely serve the public interest and do not have a disproportionate impact on vulnerable groups.
Therefore, protecting Article 23 does not prevent responsible governance or meaningful reform. Rather, it ensures that political decisions remain grounded in justice, proportionality and respect for human dignity.
VIVAT International Belgium firmly urges ministers and parliamentarians not to weaken or call into question the foundations of Article 23. Migration challenges and concerns about public resources must be addressed through fair and effective policies, but never by diminishing fundamental rights or placing the heaviest burden on those already living in vulnerable situations.
For VIVAT International Belgium, human dignity cannot be treated as an obstacle to reform. It must remain the guiding principle of every law, policy and political decision.
This post is also available in:
Spanish
