Belgian Compulsory Education: Parental Responsibilities, Police Authority, and Limits

2023-12-20 06:17:11

Philippe Lebel of Infor Jeunes Laeken, reacts: “The state is supposed to be able to verify that compulsory education is being implemented. Even if the parents are responsible, the police have the right to check that a child is complying with the school obligation.

For its part, the Belgian federal police reiterate its skills in a written response: “The Federal Police are competent to, if necessary, issue a fine for school absenteeism once morest a minor if there are well-founded suspicions. Schooling is compulsory in Belgium until the age of 18 and the police are authorized to report offenses to this effect.. It has become a bad habit for some parents to let their children travel before the start of the school holidays.

Overzealous ?

However, with these answers, we still do not know whether police officers have the right to prohibit children from traveling.

Jancy Nounckele, lawyer at the Brussels Bar, specialist in family law and youth law, emphasizes above all the responsibility of parents and the importance of proportional responses: “This is an offense under the Education Code, not the Penal Code. Forbidding the child to travel might amount to overzealousness: we are not going to send the child and his parents to detention, it is not a retaliatory measure. On the other hand, the police can make example cases and draw up a report to make parents aware of their responsibility relating to compulsory education.

The spokesperson for the federal police confirms: “If the officers see a minor in front of them, they will certainly ask different questions. Leave depending on the region, written agreement from parents or the school, sick students, funerals abroad… the reasons can be multiple. If the police officer has doubts regarding the veracity of the arguments used, it is most likely that he will make parents aware of compulsory schooling and the consequences of absenteeism. He can also contact the school, draw up a report, etc. It all depends on the circumstances.

What is compulsory education?

We are talking regarding compulsory education, but what does it consist of? The very first law on the subject dates back to 1914. At the time, the government wanted to protect children by prohibiting them from working.

In our country, compulsory education lasts 13 years: from 5 to 18 years old. More precisely: it begins with the school year which begins in the calendar year during which the child reaches the age of 5 and ends at the end of the school year in the calendar year during which he reached the age of 18. For example: if the child’s birthday is between September 1 and December 31, compulsory schooling begins before he or she is 5 years old.

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