Belgium’s Humanitarian Visas for Palestinian Families in Gaza: Legal Precedent and Procedural Flexibility

2024-02-03 16:07:32

The Belgian state must encourage the possibility of applying for humanitarian visas virtually, a judge has decided in summary proceedings cited by the lawyer of a Palestinian couple. The judgment, which could create a precedent, is accompanied by a penalty of 1,000 euros per day.

Me Hélène Crokart, from the Aradia firm, denounced at the end of January the fact that Palestinians whose relatives were recognized as refugees in Belgium still had to physically present themselves at a consular or diplomatic post in order to submit a humanitarian visa application, and thus being able to leave Gaza. An impossible approach in the current context, no longer any Belgian consular or diplomatic post being open in the Gaza Strip.

The court considers that Belgium must offer more flexibility, while respecting fundamental rights. “By not allowing an exception, the State hinders the right of people to respect their private and family life, enshrined in Article 8 of the European Convention on Human Rights,” underlines Me Crokart.

If Belgium neglects a request filed in any form by one of the three Palestinian families represented by the Aradia firm, it faces penalties of 1,000 euros per day, with a maximum of 50,000 euros.

Gaza, Israel, Palestine
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