Proof of irreproachable conduct in dealing with minors now required?
All those working with children or young people in Flanders will in the future be required to provide an extract from the criminal record. That preliminary draft decree was approved in the last Flemish council of ministers in 2021.
A criminal record extract would confirm the good and moral behavior of new employees -which implies impeccable conduct in dealing with minors. This is a new step in the combating sexual violence against minors.
Our criminal law specialists studied this preliminary draft decree in detail.
What specifically does the preliminary draft decree aim to introduce?
Each adult employee shall, upon appointment one-time a specific extract from the criminal record have to submit to the organization in which he wants to be active.
The organizations to which the decree will apply are those that offer an activity that falls under education, psycho-medical-social counseling, youth assistance, child protection, entertainment or guidance to minors. Thus, the obligation will apply in sports clubs, choirs, youth associations, etc., among others.
Upon the appointment of each new adult employee, the aforementioned organizations will provide the good and moral conduct of the person concerned must be too check if:
- the activity that the person will perform for the organization falls under education, psycho-medical-social counseling, youth assistance, child protection, entertainment or guidance to minors;
- the individual will work with minors on a structural basis as part of the activity;
- the individual is appointed by contract, by unilateral appointment or as a volunteer.
The excerpt from the criminal record must be no more than one month old at the time of submission. A blank criminal record is not required under the preliminary draft decree. Indeed, the Flemish government considers that not every person with a criminal record is a danger to minors. By way of example, they cite the conviction for petty theft during the person's youthful years.
Still, the question arises whether seeing convictions other than sex offenses, and thus convictions irrelevant to operation with minors, by a responsible person does not in any event Threshold will work in the individual's job search.
Receipt of the preliminary draft decree from the organizations
The Flemish government has asked several organizations for a advice on the draft decree. All but two associations consulted opposed the introduction of the obligation to submit an extract from the criminal record.
The main criticism raised is the false sense of security that the measure will cause, the threshold that it would create for volunteerism and the difficult reconcilability with the right to privacy of the person concerned.
The opinions, as well as the preliminary draft decree, can be consulted on the site of the Flemish government. Before the decree will come into force, the Council of State must formulate an opinion after which it will be sent to the Flemish Parliament.
Do you have questions about submitting an extract from your criminal record? You can always call on our specialists via this link.
