VZW De Huizen, NGO and Belgian RESCALED Office, is proud to announce the recent legal establishment of detention houses in Belgium. This marks a significant milestone in our years of advocacy for a sustainable, humane, and meaningful penal policy. Our vision of detention, centred on small-scale facilities, differentiation, and community-integration, now has a solid legal foundation. This is an important step in the paradigm shift that we are trying to achieve with VZW De Huizen.

The Role of VZW De Huizen

VZW De Huizen has been a pioneer in the field of small-scale detention in Belgium and has already come a long way. Since 2012, we have been advocating for small-scale, differentiated and community-integrated detention houses, working tirelessly to bring this concept to the forefront of the Belgian political agenda. Over the years, we have built a large and diverse network, both nationally and internationally, comprising political contacts, policy-level stakeholders, the prison administration, social organisations, colleges, universities, and experts from various disciplines. Strong relationships with the press and media have also played a crucial role in VZW De Huizen’s journey.

Years of lobbying at the political and policy level, along with collaborations with the aforementioned stakeholders, have brought VZW De Huizen to where it stands today. The power of collaboration is evident in our story. Through joint efforts, widespread recognition of the new penal paradigm has significantly grown. This recognition has led to concrete outcomes within Belgian penal policy, such as the opening of the first small-scale detention houses in Belgium, including transition houses for individuals nearing the end of their sentence and detention houses for short-term sentences (below three years), as well as the legal anchoring of these new forms of detention.

But how did VZW De Huizen manage to legally embed detention houses, and where did this idea originate from? Within our General Assembly, various working groups were formed to gather the knowledge prevailing within the organisation and apply it in practice. The Sustainable Public Policy working group sought the best strategies to create long-term political support. They concluded that a legal framework was essential to realize a sustainable policy for detention houses. The group members then worked on developing this idea, exploring how and where detention houses could be incorporated into the Basic Law [1] and drafting a proposal. This proposal was subsequently forwarded to the appropriate political contacts. Throughout the process, VZW De Huizen continued to offer support and provide advice. The rest is history.

The Legal Foundation

The recent legal establishment of detention houses marks a significant milestone for VZW De Huizen and for penal reform in Belgium. The Basic Law of January 12, 2005, concerning the prison system and the legal position of detained persons now includes a clear definition of a detention house. The definition is as follows: “A prison specifically designated by the King, consisting of an autonomous small-scale facility embedded in the social environment and maintaining close contacts with it.”

Additionally, the amendment provides for the subsidisation of cities and municipalities with a detention house within their territory to cover the costs associated with promoting the integration of the detention house into the community and ensuring the accessibility of their services for residents residing there.

This legal foundation means that detention houses are now officially recognised within the Belgian criminal justice system and are no longer merely pilot projects that could be terminated at any time. By legally anchoring this policy, it ensures that the rules and guidelines cannot easily be altered by successive governments, providing continuity and stability. This is crucial for the long-term planning and implementation of sustainable practices in detention houses. The legal establishment not only provides a solid basis for the further development of detention houses but also ensures better protection of the rights of incarcerated persons in these facilities. The fact that cities and municipalities with a detention house on their territory are now entitled to subsidies may also offer additional encouragement to those who are hesitant.

Challenges and Future Perspectives

Although the legal establishment of detention houses is a positive step forward, significant challenges remain. While there is widespread recognition of the value of detention houses, further development of the concept is essential. The current detention houses are still too large, and the group of short-term offenders (sentences under three years) is too diverse. For example, the current detention houses in Belgium accommodate 57 individuals ranging in age from 18 to 90 years, convicted of various types of offences. It is crucial to focus on developing detention houses for different target groups, tailored to their needs and requirements. The maximum number of residents should also be determined by the needs of the target group.

Furthermore, there is an ongoing need to recruit suitable staff, and provide the necessary training and support for staff. It is also vital to increase public awareness and acceptance of this small-scale form of detention. The greatest challenge, however, remains the replacement of all traditional prisons with detention houses, rather than merely supplementing the existing prison system. Achieving a more humane, just and effective penal system requires this shift. The further rollout and development of detention houses will demand significant political courage. It is now up to the (re)elected politicians to prioritise this issue in the upcoming legislative term.