Auditor finds New Year's curfew in Anderlecht illegal, but does not request suspension
The decision by the mayor of Anderlecht to ban unaccompanied minors under 16 from the streets of the Kuregem district on New Year's Eve is illegal and violates the Convention on the Rights of the Child but cannot be suspended, according to the auditor at the Council of State. The auditor determined that the family requesting the suspension does not face sufficient harm to justify urgent action. The Council of State is expected to issue a ruling later today/Monday.
Recurring incidents
In recent years, Kuregem has seen repeated incidents on New Year's Eve, including emergency services being targeted with fireworks. This year, Mayor Cumps implemented a measure requiring minors under 16 to stay indoors from 19:00 unless accompanied by a parent or guardian.
"This decision was made following a police report dated 12 December, which pointed out the various incidents of the past few years," the municipality of Anderlecht explained. "Incidents in which the police, fire brigade and emergency services were attacked and in which people were injured. The police highlighted the need for measures to protect young people from becoming victims of such violence and prevent them from committing it."
Suspension request
Human rights activist Nordine Saïdi filed an urgent suspension request against the measure, arguing it unfairly affects his family. Saïdi lives in the neighbourhood with his wife and two sons, aged 17 and 15.
"My clients celebrate New Year's Eve with friends, while their sons celebrate elsewhere in the early evening," the family’s lawyer, Mr Lannoy, stated. "Later in the evening, the sons join their parents. Because of this decision, only the eldest would be able to do so, and the youngest risks being arrested immediately."
The family claims the measure violates both the Municipal Act and the Convention on the Rights of the Child, calling it “a curfew affecting all minors under 16, regardless of their behaviour.” They also described the measure as discriminatory. "Not only is no justification provided for the age limit, but the measure also targets a neighbourhood with a clear ethnic and socio-economic background, further stigmatising its residents," they argued. "This is especially harmful to young people already dealing with systemic racism."
"Mayor did not have the authority to take that decision alone"
Auditor Benoit Cuvelier sided with the plaintiffs, noting, "The mayor did not have the authority to take that decision alone. The incidents cited occurred on New Year's Eve in 2022 and 2023, making New Year's Eve 2024 a foreseeable event. It was, therefore, up to the municipal council to take action."
The auditor further stated that the decision breaches the Convention on the Rights of the Child, which permits the arrest of minors only as a last resort when no alternatives exist. “The mayor’s decision allows for the immediate arrest of any minor under 16 unaccompanied by a parent or guardian, leaving no discretion for the police,” Cuvelier said.
However, the auditor concluded that the suspension could not proceed as the family would not suffer significant harm. "There is nothing to prevent them from accompanying their 15-year-old son that evening," he remarked.
© BELGA PHOTO DANIEL TECHY
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