The Council of Europe (CoE) – an international organisation upholding human rights and the rule of law – ruled on Wednesday that Belgium has violated the right to housing. It specifically criticised Flanders' housing policy.
Despite being organised on a more local level – housing is a regional competence in Belgium – most of the country is facing a housing crisis marked by rising rents, long wait lists for social housing and growing homelessness. In Flanders, the situation spurred two organisations advocating for housing rights to register a complaint with the CoE's European Committee of Social Rights (ECSR) in December 2021.
In it, the European Federation of National Organisations working with the Homeless (FEANTSA) and Woonzaak (a broad coalition of over 70 NGOs) alleged that the Flemish housing policy violates the European Social Charter, ratified by Belgium. On Wednesday 19 March, the ECSR published its ruling, confirming serious violations of the Charter, particularly concerning the right to housing in Flanders.
"This damning verdict is a wake-up call," said FEANTSA Director Freek Spinnewijn. "Housing is a fundamental human right, yet thousands of people in the Flemish Region continue to face unaffordable rents, homelessness and discrimination."
Discrimination and homelessness
The Committee found that Flanders has failed to ensure access to affordable housing for low-income households. It also noted that people who are tenants in the private sector are not sufficiently protected.
The decision also pointed to the failure to practically prohibit discrimination in the housing market. A recent study in Leuven, for example, found that men with names that do not sound Belgian consistently receive fewer invitations to view rental properties.
Social housing in Flanders. Credit: Belga / Dirk Waem
This bias is also present in the social housing market. Certain eligibility conditions exist, such as local connection rules, which unfairly disadvantage certain groups, including migrants and vulnerable families.
Finally, the CoE found that Flanders has inadequately responded to homelessness. It criticised the lack of a comprehensive homelessness policy. The Committee also flagged the fact that Flanders has insufficient data on evictions and homelessness, which FEANTSA and Woonzaak argue prevents effective action.
Action needed
The complaint was targeted at Flanders specifically but was filed against Belgium because CoE 46 Member States – not regions – sign the European Social Charter. "We had to launch the complaint against Belgium because it ratified the charter," FEANTSA's María José Aldanas told The Brussels Times. "But most of the decision can also be applied to the rest of Belgium."
In light of this ruling, FEANTSA and Woonzaak urged Belgian authorities to take immediate measures. These include creating a housing strategy that prioritises the needs of low-income households, expanding the social housing supply, eliminating discriminatory barriers in social housing allocation, better protecting tenants in the private rental market and improving data collection on homelessness.
Flemish Housing Minister Melissa Depraetere (Vooruit) acknowledged that Flanders has been heading towards a housing crisis for years. "There is a major shortage of affordable housing, especially on the rental market. Rents have doubled in 20 years. This cannot go on," she said in a statement to The Brussels Times. "That is why I am going to intervene."
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The Region will invest €6 billion in the construction and renovation of affordable social housing in the coming years. "In this way, we will help many more people find social housing and reduce the pressure on the private rental market." Municipalities that do not build their share will be fined. "We will then use that money to give rent subsidies to those waiting for social housing who are forced to rely on the private market."
Landlords of poorly insulated homes will no longer be allowed to index their prices from 2028. Finally, Flanders will expand the system of renting out properties below market price. "In this way, we can protect the purchasing power of those who rent and increase the supply of affordable housing."
