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This chapter explains how kafāla-cases are handled in Belgium, including the respective migration case law and migration legal framework. This article emphasises that a kafāla should be characterised as a child protection measure under the 1996 Child Protection Convention but that the Convention does not solve all issues relating to kafāla. The Belgian general recognition rules offer a solution for kafālas outside the scope of the 1996 Child Protection Convention. It is suggested that the private international law framework should be considered when determining whether a makfūl (ward) can be regarded as an unaccompanied minor.

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Kafāla in Belgium: Private International Law as an Essential Tool to Establish Migration Law Consequences?

  • 章节

  • 出版模式：

    开放获取

  • 发表日期：

    2025年

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  • Leontine Bruijnen

摘要

This chapter explains how kafāla-cases are handled in Belgium, including the respective migration case law and migration legal framework. This article emphasises that a kafāla should be characterised as a child protection measure under the 1996 Child Protection Convention but that the Convention does not solve all issues relating to kafāla. The Belgian general recognition rules offer a solution for kafālas outside the scope of the 1996 Child Protection Convention. It is suggested that the private international law framework should be considered when determining whether a makfūl (ward) can be regarded as an unaccompanied minor.