Women are sometimes “forgotten” by the prison system, often enjoying less access to work, leisure and other activities. They are also denied certain custody arrangements that are available to men, such as day parole (spending nights in prison and days on the outside).

Berkendael, Lantin and Bruges prisons have specially designed cells for mothers and their infants. When hese cells are not available, the mother and child are placed in a normal cell that is temporarily equipped for them, sometimes sharing it with another mother and child. This happens frequently at Berkendael prison, where there are only two nurseries, equipped for two children. As of 2017, it housed five infants. Lantin has four bedrooms/nurseries, which are rarely all occupied.

Registering children born in detention is complex, requiring administrative procedures that are almost impossible to carry out without the help of a social worker. Social rights such as child benefits are not clearly established for women who give birth in prison. Information is difficult to access, and the division of responsibilities between the federal government and federated entities is a source of confusion.

Incarcerated minors can be divided into several categories:

• minors who are tried as adults (mineurs dessaisis in French)
• minors who fall under child protection
• unaccompanied foreign minors

Unaccompanied foreign minors who are suspected of having committed a crime undergo a bone test to determine their age. The reliability and interpretation of these tests have been disputed.
Mineurs dessaisis are minors aged 16 or over who, according to the juvenile judge, should be tried as adults. The United Nations Committee on the Rights of the Child believes that this measure is a breach of these minors’ rights.

Minors can be held in an open or closed regime, but the courts must opt for an open regime where possible.

There are six IPPJs in Wallonia and four in Flanders (where they are known as gemeenschapinstellingen, or GI). There are also support services to assist minors after they have been released.

The IPPJs organise 11 types of detention, divided into 19 educational projects. The different regimes in closed sections are as follows: observation and evaluation; observation and guidance; observation and emotional and interpersonal development; individualisation; education in a closed regime. Measures of reform are currently underway, with the aim of harmonizing the different educational projects and ensuring continuity.

The GIs offer five educational and therapeutic modules (in open or closed regimes): time out, observation, support, treatment and a personalised residential course.

Establishments for non-incarcerated children are known as public youth protection institutes (institution publique pour la protection de la jeunesse, IPPJ).

Since June 2010, mineurs dessaisis have been held in special sections of the closed centers at Saint-Hubert (13 places) and Tongres (16 places).

Psychiatric establishments have beds for minors in intensive treatment units (116 in 2015).

Places of detention for minors are monitored by the Délégué général aux droits de l’enfant (General Delegate for the Rights of the Child, DGDE) and the Kinderrechtencommisaris (KRC), ombudsmen for children’s rights. A “Commisie Van Toezicht” (Monitoring Commission) headed by the KRC was established in Flanders in January 2017, and began work in September. It has jurisdiction over the GIs and over the closed prison of Tongres. A similar monitoring commission was set to begin work in Wallonia in January 2019.

Belgian prisons house inmates from 130 countries. 9.7% of inmates are Moroccan, 5.3% are Algerian, 3.3% are Romanian, 3.1% are Dutch, 2.1% are French, 1.8% are Albanian, 1.4% are Italian, 1.2% are Turkish, 1.1% are Tunisian, and 2.2% are from the countries of former Yugoslavia.

Illegal residence is punishable by three months’ imprisonment, going up to six months in the case of repeat offences. However, the Court of Cassation forbids prison sentences based solely on illegal residence.

As authorised under the 2017 law, the Immigration Office obtains a list of all inmates with legal resident status, and reevaluates each inmate’s situation. Such action may lead to the revocation of their right of residence, and there are fears that this will occur on a large scale.

Parole can only be granted after at least 15 years of the sentence have been served. For repeat offences, this minimum can be increased to 23 years. Requests for parole by life-sentence inmates are examined by the Court for the Enforcement of Sentences.

The Saint-Hubert prison has a dedicated wing for 30 prisoners aged over 60 who are nearing the end of their sentence. The premises are adapted: everything is on one level and wheelchair accessible. Specific activities are offered to them. The Merksplas prison in Antwerp also has a pavilion for elderly inmates. The construction of three new pavilions is planned for late 2022, early 2023. Approximately one hundred people will be able to be accommodated there.
There are no areas solely reserved for elderly prisoners in other facilities, such as Saint-Gilles, Forest and Berkendael. Spaces are not designed to facilitate access to beds, showers or the exercise yard, or the passage of wheelchairs. Food is not adapted for people with no teeth. Prison directors must take measures on a case-by-case basis, depending on the individual needs of elderly inmates. The medical staff, who are generally overloaded, cannot respond adequately to these needs. Measures are taken when the prisoner’s condition deteriorates. Rapid and comprehensive treatment is rare.

Elderly prisoners may be granted early release for health reasons. Parole is subject to criteria that are difficult to fulfill for inmates who have served a long sentence, requiring that they find a job, accommodation and means of subsistence. In practice, some prisoners can never be released from prison.