A request to the Council of State against the ban on the movement of minors in Anderlecht was also submitted by Nordine Saidi, the father of a young person affected by the measure. “After sending two letters to the mayor of Anderlecht, Fabrice Cumps, and to the municipal council, which remained unanswered, as well as a formal notice sent by my lawyer, I filed a request for annulment and a request for extreme suspension. emergency to the Council of State”he explains in a press release. “This approach aims to challenge an order taken by the municipality, prohibiting unaccompanied minors from circulating in public spaces after 7:00 p.m. on New Year’s Eve.”
This measure, justified by the mayor as a security response to the supposed problems linked to the use of fireworks, “raises many questions about its proportionality, its legality and its impact on the fundamental rights of young people. Contrary to what is put forward to justify it, the New Year is a recurring and predictable event, and not an unforeseen situation or a sudden emergency. he adds.
If risks linked to the use of fireworks exist, a ban targeting them would have been a more coherent response, says Nordine Saïdi. “However, restricting the freedom of movement of an entire category of the population, in particular minors, seems disproportionate and ineffective. It is worrying to note that this measure stigmatizes young people who are already often confronted with police checks in their daily lives, particularly in working-class neighborhoods.”
“The ban seems to ignore the realities of family and daily life. At 7 p.m., it is normal for a young person under the age of 16 to go out alone, whether to go to friends’ houses, participate in festivities or even perform last minute shopping, as is done in many families. With such a ban, these young people risk unjustified administrative arrests. However, for a minor, even a temporary arrest can be traumatic and. have lasting psychological consequences”, he adds.
Nordine Saidi also emphasizes that communication around this measure is largely insufficient. “An order posted at municipal valves is not enough to effectively inform residents, particularly in neighborhoods where part of the population does not always have direct access to this information. This exposes many young people and their families to sanctions of which they will be unaware until the moment of an inspection or arrest.”
The case will be examined by the Council of State during a public hearing scheduled for December 30, 2024 at 11 a.m., in the courtroom located rue de la Science 35, 1040 Brussels.
