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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the 'Final Report' and 'Conclusions and Recommendations' from the Review. National Report
Tuesday 15 April 2008 - 9.00 a.m. - 12.00 p.m.
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Compilation of UN information
Summary of Stakeholder information
Final Report
Accepted and rejected recommendations
2.3 Direct effect of international law, international treaties and resolutions of international institutions in the national legal order
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The Netherlands is party to the major human rights instruments adopted within the UN framework: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights (and its Optional Protocol), the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women (and its Optional Protocol), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child (and its Optional Protocol on the sale of children, child prostitution and child pornography).6
The Netherlands is regularly taken to task about a number of treaties (or protocols) that it has not yet signed or ratified. In the pledge for re-election to the Human Rights Council, the Netherlands stated that it would ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT) and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts (CRC OP AC). In both cases, the ratification process is ongoing. The same applies to the Convention on the Rights of Persons with Disabilities.7 The Netherlands has yet to sign the recent Convention for the Protection of All Persons from Enforced Disappearances, though it intends to do so.
3.1.1. Introduction
The Netherlands has a range of legislation applying the principles enshrined in article 1 of its Constitution. For example, the Equal Treatment Act, in effect since 1994, protects residents of the Netherlands from any form of discrimination on the grounds of religion, belief, political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status. At the same time as this Act entered into force in 1994, an Equal Treatment Commission was established to oversee its enforcement. Anyone who feels that he or she has been discriminated against can resort free of charge to the Commission, which decides whether the law has been broken. Only the courts have the power to make binding judgments, however. The Commission also makes solicited and unsolicited recommendations to legislators and can independently investigate alleged discrimination.
An evaluation of the Equal Treatment Act in 2007 revealed that the general public is not familiar enough with the Act, which undermines its effectiveness. This is in keeping with findings by treaty bodies and NGOs that, in general, knowledge of fundamental rights in the Netherlands is not what it should be. The government is trying to address this problem in several ways, for example through initiatives in the area of human rights and citizenship education and by making the Constitution more accessible. Details of these efforts are given elsewhere in this report. The Equal Treatment Commission provides public education and designs educational packages for schools, including Iedereen anders en gelijk (Everyone is different and equal), which aims to make 15 and 16-year-olds aware of Dutch norms for equal treatment and discrimination.
3.2.1. Introduction
In December 2007, a policy letter was published about tackling domestic violence, honour-related violence, female genital mutilation and trafficking in persons. These forms of violence all inflict great psychological and physical harm on their victims (mostly women but also men) and those around them. Together with the Association of Netherlands Municipalities, the Ministry for Health, Welfare and Sport has established an action programme to address this problem. The additional funding earmarked for the programme will rise to €32 million by 2012.
The government has set the target of providing immediate, safe shelter for victims of violence in dependent relationships. These shelters will include an additional 100 places a year for the men and women who are most at risk, such as victims of honour-related violence. In addition, victims and their children, and perpetrators as well, must receive effective, timely help so that they can lead lives free of violence. To this end, the quality of the shelters and care will be improved and the Domestic Violence Advice and Support Centres will be reinforced. The professionals concerned will also be expected to spot and prevent violence or the risk of violence at an earlier stage.
3.2.2. Domestic violence
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Domestic violence is no more common in the Netherlands than in other countries. Nevertheless, violence in the private domain is the most prevalent form of violence in our society and occurs in all socioeconomic strata and all cultures. Victims of domestic violence are usually women and children – men are the perpetrators and women the victims in about 80% of the cases – but victims also include men, parents and the elderly. Research has shown that 40% of the Dutch population have experienced domestic violence at least once.12 Almost a third of those affected have their lives drastically changed as a result.
Domestic violence is unacceptable; nothing can justify it. It is always an offence under Dutch criminal law, as is every form of violence, regardless of whether it takes place in the public or private domain. Restraining orders are also an option under private law.
There has been a major development in this regard in the area of administrative law. In situations that present an acute threat to victims and any children that may be involved, or in cases of grave suspicion of domestic violence, the police can by order of the mayor enforce a domestic exclusion order against the perpetrators or suspects for a period of ten days. This domestic exclusion order can be reviewed within three days by a court, which can revoke it, uphold it or extend it to a maximum of four weeks. Domestic exclusion orders can also be issued in cases of child abuse. In the ten-day period that domestic exclusion orders are in effect, a social work plan is developed for those concerned.
From 2002 to 2008, as part of the programme ‘Private Violence – a Public Matter’, a number of measures were taken to combat domestic violence. For example, an internet portal was opened13 and a public information campaign started up, including a national hotline to which domestic violence can be reported. In 2007 an Act was passed making the use of violence in childrearing a criminal offence, and a guide was published to help children who have witnessed domestic violence.
3.2.3. Trafficking in persons
Like other countries, the Netherlands faces the challenge of combating trafficking in persons. Human trafficking is a modern form of slavery. Adults and children are bought and sold across borders or in their own countries with the intent of exploiting them and are in fact exploited. This is a very serious infringement of human dignity and integrity. Human traffickers capitalise on and profit from their victims’ vulnerable economic position.
3.3. Refugees/asylum
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Aliens policy will focus particularly in the coming years on developing an innovative, contemporary migration policy, in which the needs of the Dutch economy and society and the economic and social contributions that migrants can make will have a central place. Policymaking will pay particular attention to simplifying the system of permits and improving and expediting admission procedures. Asylum policy will also be reviewed. The Netherlands faces the problem in aliens law of families that are not eligible for residence but may nonetheless resist their expulsion. In such cases the detention of aliens may be necessary in order to make expulsion possible. Aliens detention is limited by law to the period that is strictly necessary for the purpose of expulsion. The government would prefer never to detain children, but this is sometimes unavoidable, especially when there is a substantial likelihood that aliens will go underground immediately before their involuntary departure. This would not only prevent their expulsion but cause the authorities to lose sight of them altogether. In the past, minor children of failed asylum seekers were sometimes detained for prolonged periods. In part in response to interventions by UNICEF, NGOs for the rights of the child, and the Dutch Parliament, the government has decided to limit the detention of children to a maximum of two weeks. It has also earmarked €3 million to make detention centres more child-friendly and to organise activities for children.
4.2.2. Human rights education
The treaty bodies created under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination have in the past noted that human rights could be given more attention in Dutch education. Some participants at the consultative meetings with civil society organisations that preceded the drafting of this report also commented that there was little knowledge or discussion of human rights in the Netherlands. The government takes this criticism seriously and organised a conference on human rights education in March 2007 in conjunction with a number of human rights NGOs and others. The conference looked in particular at the place that human rights should be accorded in education, public information and the training of professionals.
One of the conclusions was that while there was a lot going on in the Netherlands in the area of human rights education, the implementation of these initiatives was not effective or permanent. The government therefore devised an action plan together with the relevant stakeholders to consolidate and more clearly define the place of human rights education in society. It should be noted that schools cannot be given explicit instructions on how they should teach pupils about human rights. Human rights are not taught as a subject in their own right, but are placed in a broader context.
On 1 February 2006, an act came into force that obliges schools primary and secondary schools to devote attention to active citizenship and social integration in their curricula. By coming into contact with pupils from different backgrounds at school, children learn about different customs and cultures and are prepared for participation in a diverse society.
4.2.4. Internet
The explosive increase in the use of the internet, and the opportunities it offers as a relatively anonymous forum for disseminating information, pose new challenges for governments in terms of the protection of human rights. Child pornography, racism and other forms of discrimination demand a specific and targeted approach. The Netherlands has already taken a number of steps in this direction with the establishment of the National Cybercrime Centre, a hotline for discrimination on the internet and the ratification of the Convention on Cybercrime of the Council of Europe.
The rapid developments and increase in the use of the internet demand additional efforts if everyone’s rights are to be protected properly. In this regard the government is also seeking to promote media literacy, i.e. the knowledge, skills and mentality that people should possess to be able to consciously and critically navigate a media landscape that pervades all areas of society. The Dutch approach will include the setting up of a centre for media education and expertise.
5.1. Integration
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The Dutch government feels the dissatisfaction on both sides, and is fully aware of the urgent need to put an end to polarisation. Opportunities to do so exist, considering that individuals share common interests. These are not only socioeconomic, associated with work, but are also connected with matters such as safety and security, education, childcare, homes and quality-of-life in the community. The government is therefore appealing to groups’ shared interests. Ideally, individuals should be aware of their own responsibilities, and those they share with others, so that they can not only assert their interests but also protect them.
5.2. Youth policy
According to an international comparative study, young people in the Netherlands are very happy with their lives.15 We want to keep it that way. But at the same time, we should not close our eyes to trends that give cause for concern: the rising incidence of child abuse, the increase in the number of children with behavioural problems and the unhealthy lifestyles of many young people, the number of young people that neither attend school nor have a job, and the number of – increasingly younger – young people that cause problems. The Jaarbericht Kinderrechten, 2008, the first annual report on children’s rights in the Netherlands, which was published recently by UNICEF and Defence for Children International, also identifies these trends.
The Dutch government wants to turn the tide, and to make sure that children in the Netherlands can grow up healthy and safe, can develop their talents and enjoy life, can contribute to society and are well prepared for the future. In order to achieve this ambition the Netherlands appointed a Minister for Youth and Families in early 2007. He is responsible for child-friendly and family-friendly policies, supported by parents, families, teachers, professional care works, and the municipal and provincial authorities. With the programme Every Opportunity for Every Child, the Netherlands has made a conscious choice for a new, interministerial approach which makes it possible for ministry departments to work together, take the lead and override other interests in the interests of young people and their families.
There are three strands to this approach. First, families are again to be given the important position they ought to have in the childrearing. Second, more attention will be devoted to prevention, by earlier detection of undesirable situations. And third, undesirable situations will not be allowed to continue. Instead, parents, professionals and government authorities will work towards effective solutions.
The programme also devotes attention to the influence of the various cultural backgrounds of children in the Netherlands. Youth policy must, after all, reach every child and parent equally well. It must be equally effective for everyone, and thus professional, and tailored to society's diversity. New measures include the introduction of an income-related child-specific budget; financial support for households with chronically ill or disabled children and only one breadwinner; extension of the statutory right to parental leave; and the establishment of Youth and Family Centres combining, wherever possible, medical, social and educational support for parents and their children.
An important development has taken place in relation to secure youth care. There are already numerous services for young people with behavioural problems, and most of their needs can be met. Unfortunately, however, some young people demonstrate such seriously problematic behaviour that the mainstream youth care services can no longer cope with them. These young people need to be treated in a secure setting. Up to 1 January 2008, they were placed in young offenders’ institutions, since there was no facility specifically for them, and they often shared the same problems as young offenders. However, this situation became untenable.
NGOs and Defence for Children International Nederland were critical of this state of affairs. Young people with no criminal record do not belong in young offenders' institutions. The government has therefore decided to create secure places in the youth care system, specifically for this group, so that they can receive the help they need.
It will of course take time to build the necessary capacity. For the next two years, therefore, the places already available in secure youth care institutions will be allocated to the most vulnerable young people.
5.3 Education
Parents in the Netherlands are free to send their children to any school they wish. Usually, they will choose a school in their own neighbourhood. However, there are neighbourhoods in Dutch towns and cities where a high percentage of the residents – or one or both of their parents – were born outside the Netherlands. This has an impact on the ethnic composition of the schools. In 2007, 70% of the pupils at 335 of the more than 7,000 primary schools in the Netherlands were from ethnic minorities. Despite freedom of choice, the government is very eager to promote multi-ethnic schools. It is keen to ensure that children attending segregated schools come into contact with each other. Since 2006, therefore, agreements have been reached at municipal level, and schools have to report on what they are doing to counter segregation. Both local authorities and schools can turn for help to the Expertise Centre on Multi-Ethnic Schools, which was set up in 2006. The Education Inspectorate also makes sure schools are making an adequate contribution. Pilot projects will be launched at municipal level in 2008 to explore the best way of tackling this problem.
The ethnic minorities are underrepresented in higher education. In the past ten years, however, the number of students of non-western origin has doubled. The drop-out rate among ethnic minority students is higher than among their Dutch peers – 5% more in higher professional education, and 2% more at universities, after two years. In 2006, therefore, the Ministry of Education, Culture and Science reached performance-related agreements with 21 higher education institutions on promoting the intake, throughput and graduation of ethnic minority students. The aim is that in 2008 ethnic minority students will perform as well as their Dutch peers, and drop out no more frequently. The Ministry earmarked €4.5 million (€1.5 million a year for three years) for this purpose, and education institutions can seek advice from the Diversity Policy Expertise Centre (ECHO), which conducted a baseline study in 2006, and will carry out a final study in 2009. The Ministry also plans to pay extra attention to the performance of ethnic minority students in the major cities. Most of them attend institutions in the Randstad, the urban conurbation in the west of the Netherlands, and an extra effort here will have a considerable impact.
1. The Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the ratification of the seven major international human rights instruments including OP-CEDAW.25 The Committee on Rights of the Child (CRC), the Committee on the Elimination of Racial Discrimination (CERD) and CEDAW recommended the State to respectively ratify the CRC-OP-AC26 and the ICRMW.27 Further, CRC recommended the State to withdraw its reservations to articles 26, 37 and 40 of the Convention.28 The Committee on Economic, Social and Cultural Rights (CESCR) regretted the reservation of Antilles in regard to art 8 para. 1(d) of ICESCR.29 In its Voluntary Pledge in support of its candidacy to membership of the Human Rights Council (HRC), the Netherlands committed to ratify the OP CAT and the CRC-OPAC.30
3. In 2007, CEDAW called upon the State to reconsider its position that not all the substantive provisions of the Convention are directly applicable within the domestic legal order.33 CRC recommended the State to ensure that its domestic legislation conforms fully with the Convention.34 In Antilles, in 2001, the Human Rights Committee (HR Committee) recommended the State to proceed with proposed revision of the Criminal Code at the earliest opportunity and to remove references to death penalty.35
4. The HR Committee and CERD welcomed the creation of bodies such as an independent National Ombudsman36, the Equal Treatment Commission37 and the Committee on the Employment of Women from Ethnic Minority Groups.38 While noting the establishment of institutions on youth in the European part of the Netherlands in 200439 and in Aruba in 200340, CRC was concerned about coordination between ministries and between the national and local authorities.41 It reiterated its previous concern about the absence of an independent mechanism with a mandate to, inter alia, regularly monitor and evaluate progress in the implementation of the CRC.42 It urged the State to establish an ombudsman for children in both the European part of the Netherlands and Aruba.43
4. In 2004, CERD noted with satisfaction the National Action Plan against Racism44 and CEDAW welcomed in 2007 the Dutch multi-year emancipation policy plan.45 CRC noted with appreciation the efforts to improve coordination of policy and the participation of youth in policy-making.46 However, CRC regretted the lack of a comprehensive national plan of action for children.47 In Aruba, CRC recommended the State to review its Youth Policy Programme 2001-2005 with a view to include all areas of the Convention.48
5. CRC, CEDAW, CESCR and the Committee against Torture (CAT) requested the State to submit comprehensive reports covering the European part of the Netherlands, Aruba and Netherlands Antilles.
10. CERD and CRC expressed concern at the situation of de facto school segregation between ethnically Dutch families and families of foreign origin in some parts of the country.80 CRC was also concerned that societal prejudices and discrimination persist in society.81
12. In 2007, CEDAW was particularly concerned that racism persists in the European part of the Netherlands, particularly against women and girls. It was further concerned about requirements for many immigrant, refugee and minority women to qualify for independent residence permits. CEDAW and the Special Rapporteur on violence against women expressed concern, as highlighted also by UNHCR87, that, with the exception of female genital mutilation (hereinafter, FGM), sexual and domestic violence are not recognized generally as grounds for asylum.88 Further, the HR Committee, while appreciating the new instructions issued by the Immigration and Naturalization Service, noted with concern, as also stressed by UNHCR89, that a well-founded fear of genital mutilation or other traditional practices in the country of origin does not always result in favourable asylum decisions.90 Among other recommendations, CEDAW urged the State to eliminate discrimination against immigrant, refugee and minority women; it encouraged it to increase its efforts to prevent acts of racism; to conduct impact assessments of the laws and policies which affect immigrant, refugee and minority women and to provide information on the number of women who were granted residence permits, as well as those who were granted refugee status on grounds of domestic violence.91
13. Regarding the Act concerning review procedures on the termination of life on request and assisted suicide92, the HR Committee was concerned in 2001 that the law may be circumvented. The State should re-examine its law on euthanasia and assisted suicide. The ex ante control mechanism should be strengthened.93 The Committee was further gravely concerned at reports that new-born handicapped infants have had their lives ended by medical personnel.94 CRC noted that euthanasia remained a crime under the Penal Code, but was not prosecuted if committed by a medical doctor who meets the law criteria.95 CRC recommended the State, inter alia, to frequently evaluate, and if necessary revise, the regulations and procedures with respect to the termination of life on request and to strengthen control of the practice of euthanasia.96 In its follow-up reports to the HR Committee, the Netherlands provided information on measures to be adopted to evaluate policy and legislation on euthanasia, such as the launch of a third study of the incidence of euthanasia, in the autumn of 2001. It also provided detailed analysis of the findings of this study.97
17. The HR Committee in 2001 and CRC in 2004 were concerned at the continuing high number of reported incidents of child abuse.107 CRC recommended that the State inter alia carry out public education campaigns about the negative consequences of ill-treatment of children.108 CRC noted with satisfaction that various concerns and recommendations made upon the consideration of the State’s initial report have been addressed. However, recommendations such as the establishment of an independent mechanism to monitor children’s rights had not been given sufficient follow-up.109
18. CAT was concerned that persons in police detention do not have access to legal assistance during the initial period of interrogation. CAT recommended the State to review its criminal procedures so that access to a lawyer is guaranteed to persons in police custody from the very outset of their deprivation of liberty.110 CRC was concerned that the State does not follow strictly the juvenile justice standards.111
19. The Special Rapporteur on violence against women noted in 2005 the entry into force of a new legislation that criminalizes all forms of trafficking recognized under the Palermo Protocol.112 CEDAW was concerned about the number of women and minor girls who are victims of trafficking and about the exclusion from protection under certain regulation of victims who do not cooperate in the investigation and prosecution of traffickers.113 CEDAW called upon the State to provide for the extension of temporary protection visas, reintegration and support services to all victims of trafficking.114 Two mandate holders sent a communication concerning the trafficking of foreign children in the Netherlands for the purpose of facilitating benefit fraud. 115 The Ministers are reported to have pledged to examine the matter more thoroughly.116 In June 2006, the Government sent a translation of the report to the Special Rapporteurs, after having conducted a thorough investigation. That report considered that smuggling from another State is entirely that State’s affair. CRC was also concerned that children are vulnerable to trafficking for the purposes of drug trafficking or sexual exploitation, including through tourism.117 It recommended the State inter alia to undertake an in-depth study of trafficking and sexual exploitation of children, including the possible existence of sex tourism.118 CRC was also concerned about requirements that hamper the prosecution of cases of child sexual abuse.119
20. The Special Rapporteur on the sale of children, child prostitution and child pornography expressed his concerns with regard to the decision by The Hague Court to legalize the "Brotherly Love Freedom and Diversity Party" (PNVD), which promotes, amongst other matters, the lowering of the age of consent for sexual relations from 16 to 12 years. The Government responded that, inter alia, that, given that it is a fundamental right to found a political party, the Government adopted a restrained attitude to the permissibility of political convictions. The court determined that a civil action can succeed only if the claimant has a very compelling and urgent direct interest in the court order being sought and it was not the case here. In keeping with the standards of the CRC and the CRC-OPSC , the Special Rapporteur stressed that by tolerating unacceptable behaviors invoked openly by the PNVD, it will undoubtedly impede the full realization of the protection of children, particularly with regards to sexual abuse, child prostitution and child pornography.120
22. A 2006 UNICEF report noted that cross-party alliances of women parliamentarians have successfully advanced the cause of women and children.123 However, CEDAW reiterated its concern regarding the low presence of women in high-ranking posts in all public sectors. It was concerned by the low presence of women in elected bodies at the provincial and local levels. Similarly, the Special Rapporteur on violence against women highlighted the fact that in the Netherlands women remain underrepresented in decision-making positions and the labour force in general.124 It called upon the State to use temporary special measures and encouraged it to ensure that the representation of women in political and public bodies reflects the full diversity of the population and to include immigrant, refugee and minority women.125
24. CRC was concerned at the lack of sufficient mental health services for adolescents in the Netherlands, and the prevalence of drug and alcohol abuse. The Committee was also concerned that teenage pregnancies and sexually transmitted infections are on the rise in the European part of the Netherlands127 and recommended the State to strengthen programmes on sex education and to take effective measures to prevent early pregnancy.128 CRC was also concerned that children with disabilities in the European part of the Netherlands spend a significant amount of time waiting to access health services and programmes.129 The HR Committee considered aspects of the Medical Research (Human Subjects) Act 1999 to be problematic. It was concerned that minors and other persons unable to give genuine consent may be subject to medical research under certain circumstances. The Netherlands should reconsider this Act.130
25. CAT expressed concern, as also highlighted by UNHCR131, at the difficulties faced by asylum-seekers in the European part of the Kingdom in substantiating their claims under the accelerated procedure of the 2000 Aliens Act, which could lead to a violation of the nonrefoulement principle and art. 3 of the Convention.132 CRC was concerned about the lack of formal asylum and protection procedures in Aruba.133 CERD and CRC were also concerned by the determination and rejection of a significant and increasing proportion of applications for refugee status through the 48-hour accelerated procedure.134 CAT was particularly concerned that inter alia: the 48-hour timeframe of the accelerated procedure may not allow asylum seekers to properly substantiate their claims; the accelerated procedure requires asylum-seekers to submit supporting documentation that they are “reasonably expected to possess,” leaving a wide margin of discretion in relation to the burden of proof. UNHCR also raised a number of concerns relating to this accelerated asylum procedure.135 CAT recommended that applications from all asylum-seekers be processed in such a way that those in need of international protection are not exposed to the risk of being subjected to torture; and that the appeal procedures entail an adequate review of rejected applications.136 Similarly CERD and CRC requested the State to review the Aliens Act of 2001 and to respect the principle of non-refoulement and the principles of family unity and appropriate treatment of minors.137 CAT noted with concern that medical reports are not taken into account on a regular basis in the asylum procedures.13
27. While taking into consideration the State’s clarification that unaccompanied children asylum-seekers in the European part of the Netherlands are placed in detention centres only when there is doubt about their age, CAT and CRC remained concerned at the situation of young asylum-seekers.142 CRC and CAT recommended the State to use detention only as a measure of last resort and ensure that children awaiting expulsion receive adequate housing and education.143 The Special Rapporteur on violence against women expressed grave concern, as highlighted also by UNHCR144, that a number of minors disappear from asylumseeker centres every year and their whereabouts cannot be traced.145
31. Aruba - CEDAW was concerned that there is not sufficient information in the report of Aruba, in particular on prostitution and trafficking. It was further concerned about the absence of specific measures to address violence against women in the penal code of Aruba.151 CAT expressed similar concerns about trafficking.152 CRC was also concerned that children are vulnerable to trafficking for the purposes of drug trafficking or sexual exploitation, including through tourism.153 CRC was concerned that there is no clearly defined policy on preventing child abuse and neglect and providing assistance to victims in Aruba and that there is no legal prohibition on corporal punishment in the family.154
32. In 2003, the Netherlands informed the HR Committee about a new Police Complaints Committee.155 In 2007, CAT welcomed the establishment of the Internal Investigations Bureau to receive and investigate complaints and reports of ill-treatment by police officers in Aruba.156 However, it was concerned that information related to sexual abuse or assault in the Aruban prison rarely reaches the prison board and that victims are not likely to lodge complaints for privacy concerns.157 Regarding juvenile justice, CRC was concerned that limited alternatives to detention were available in Aruba158
34. The Netherlands Antilles – In 2001, the HR Committee remained concerned about unlawful conduct on the part of the prison staff in Antilles, combined with their failure to
control adequately the behaviour of inmates.160 The State provided information in its followup report, notably on the training of police staff.161 In 2007, while CAT acknowledged improvement of prison conditions in the Antilles, it remained concerned however, at the lack of a separate unit for offenders aged between 16 and 18 who are currently held with either adult offenders or prisoners undergoing psychological observation and the reported lack of educational programmes for juveniles held in prison.162 The Committee was also concerned that in the Antilles, the presence of a lawyer during interrogation is only permitted with the prior authorization of a magistrate.163
35. CESCR welcomed the introduction of penalties in cases of domestic violence in the new Antilles penal code,164 the introduction of new protective measures under the labour legislation165 as well as the special measures to combat dropout in the schools.166
37. CESCR expressed concern regarding the lack of a system for registration of cases of sexual exploitation and other forms of child abuse, particularly boys, in Antilles.169
39. The Government adopted a zero-tolerance policy towards FGM172. In six regions, it is funding a project to introduce and implement a protocol on preventing FGM which requires health-care professionals to report detected cases to the Dutch Child Abuse Agency173.
43. In 2001, the HR Committee requested the State to provide information within one year on its response to the Committee’s recommendations related to euthanasia, the situation on post-natal infanticide, the investigation of events surrounding the fall of Srebrenica, the difficulties concerning the prison system in the Antilles, and the implementation of a functioning police complaints authority in Aruba.178 The State provided responses concerning the information requested.179 In its 2003 and 2004 Follow-up reports the State informed of the legislative and policy measures being considered or already adopted regarding the recommendations made in 2001. In particular, it provided very detailed information related to euthanasia and the situation on post-natal infanticide.
44. In 2007, CAT requested the State Party to provide information within one year on the way it has followed up on its recommendations related to imprisoned juveniles in Antilles and sexual abuse or assault in the Aruban prisons.180
Summary of stakeholders' information
1. Amnesty International (AI) recommended that the Netherlands ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; the Optional Protocol to the Convention on the Rights of the Child, on children in armed conflict, and the Convention on the Rights of Persons with Disabilities; and should sign and ratify the International Convention for Protection of All Persons from Enforced Disappearance and the International Convention on the Rights of All Migrant Workers and Members of their Families.2 With regard to the ratification and implementation of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, DNGOs (in a joint submission from 13 Dutch NGOs: Dutch section of the International Commission of Jurists, Art. 1, Netwerk VN-vrouwenverdrag / Dutch CEDAW-Network, Johannes Wier Stichting, Aim for Human Rights, E-Quality, MOVISIE, International Information Centre and Archives for the Women's Movement, Justice and Peace Netherlands, Defence for Children International Nederland, Stichting Buitenlandse Partner, Vereniging voor Vrouw en Recht Clara Wichmann, Stichting Landelijk Ongedocumenteerden Steunpunt / Stichting LOS joint submission) noted that so far the Dutch Government has only signed the Convention, not the Optional Protocol. Concrete steps to ratify the Convention have not been announced and it is doubtful if the Convention will be directly applicable. This weakens the status of the UN-conventions in Dutch law considerably and is a significant barrier to the implementation of human rights in the Netherlands and in the foreign policy of the Netherlands.3
10. AI noted with concern delays on the part of the Netherlands in submitting periodic reports to the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of All Forms of Racial Discrimination and the Committee on the Rights of the Child. AI also noted the commitment by the Government of the Netherlands, in correspondence with AI in October 2007, to submit overdue reports “as soon as possible”. AI considered that such delays hinder the monitoring of human rights obligations in the Netherlands, and recommends that the Government should submit all overdue reports without further delay, and should submit future reports in a timely manner. The Government of the Netherlands does not systematically include in its reports to Treaty Bodies information on the implementation of human rights conventions in the overseas territories of the Kingdom of the Netherlands, namely Aruba and the Netherlands Antilles. 12
17. DNGOs expressed deep concern that the Government did not take action on the issue of segregation in the field of education. DNGOs added that there still was an increase in the number of schools that enrol over 50% racial and ethnic minority pupils, so-called ‘black schools’, and referred to Committee of the Elimination of Racial Discrimination (CERD) General Recommendation 19 (1995). An important cause for the existence of ‘black’ and ‘white’ schools was the so-called ‘white flight’, caused by the Dutch school system, that allowed all parents to choose any school. Many parents of native Dutch background brought their children outside their neighbourhood to schools with a majority white population, thus increasing the ethnic segregation. Furthermore DNGOs noted that the Netherlands ignored for many years that children of ethnic minorities are under-represented at higher education level, referring to CERD Concluding observations 2004 para. 10.20
19. The Global Initiative to End All Corporal Punishment of Children (GIECP) reported that the Netherlands achieved full prohibition of corporal punishment, including in the home, in 2007.22
21. With respect to the ‘De Hartelborgt’ Youth Detention Centre, the CoE CPT recommended various improvements concerning care, treatment and the disciplinary regime. Amongst other things, an individualised pedagogical or treatment plan should be drawn up for each resident, collective sanctions should not be permitted and the use of so-called ‘time out’ should be regulated.24
28. DNGOs noted that in its concluding observations of November 2006, the Committee on Economic Social and Cultural Rights (CESCR), and in its conclusions and recommendations of August 2007 the Committee against Torture (CAT) asked for the attention of the Government concerning the right to an adequate standard of living for aliens. Several categories of aliens in the Netherlands are excluded from the right to an adequate standard of living, including food, clothing and housing from facilities. Many of them are forced to live in the streets without money for food or clothing. This also affects families with children. These categories include asylum seekers whose application for asylum has been rejected by court; aliens who have a regular (non-asylum) procedure running for a permit to stay in the Netherlands; and aliens rejected in the short 48 hour procedure as soon as their application for a permit to stay has been rejected for the first time, even when there is not yet a final decision by a court in their case.31
30. According to FIACAT and /ACAT Netherlands, minors are detained apart from adults in jails except if they are illegal immigrants waiting expulsion. In this case, minors between 16 and 18 are held in the same detention facilities as adults. 33
37. Aruba / Netherlands Antilles - GIECP reported that Aruba and Netherlands Antilles have yet to introduce prohibition in a number of settings, despite recommendations by the Committee on the Rights of the Child.40
On 28 February 2008, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of the Netherlands: Peru, Pakistan, Nigeria. The delegation of the Netherlands was headed by H.E. Ms. Nebahat Albayrak, State Secretary for Justice, Ministry of Justice.
(i) Summary of the State under Review
- The State Secretary for Justice noted that the appointment of a Minister for Youth and Family, among other measures, shows the importance paid to children’s rights by the Netherlands. In part as a result of the United Nations study on Violence against Children, the Netherlands developed the Action Plan on Child Abuse “Children Safe at Home”, with the objective to reduce the number of cases of child abuse. Activities are aimed at prevention, discovery, stopping and damage control.
- With regard to the United Kingdom’s concern about de facto segregation in the field of education, she confirmed that this is a serious problem and addressing it is one of the priorities of this Government. She noted that the establishment of a centre for mixed schools is one of the measures, but that there are others. In response to the question by Italy regarding human rights education, primary and secondary schools choose their own programmes and educational resources within the framework of the so-called attainment targets and examination requirements set by the Netherlands.
(ii) Interactive dialogue and responses by the State under Review
- The Holy See expressed its grave concern regarding reports that newborn handicapped infants have their lives ended by medical personnel. It raised the following questions: does the Netherlands recognise that the newborn child has rights under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC) and that the newborn needs special safeguards and care, including appropriate legal protection, before as well as after birth? The Holy See concluded that the best way to respect the human rights of the child starts with the rejection of any forcible termination of his/her life, and with the recognition that the right to life is inviolable.
- Brazil expressed concerns at policies to combat human trafficking. It recommended considering the ratification of the Optional Protocol to the CRC on the involvement of children in armed conflict.
- The Russian Federation noted with satisfaction information that the Netherlands is working on the ratification of the Optional Protocol to CAT and the Optional Protocol to CRC on the involvement of children in armed conflict and recommended that clear time frames be set in this regard and that the Human Rights Council be informed accordingly. It enquired about reservations with respect to CRC and recommended that the question of their withdrawal be considered.
- The State Secretary for Justice addressed questions regarding the issue of the end-of-life decisions for newborn handicapped infants whose suffering is unbearable. In recent State reports, the Netherlands has reported on developments on this issue, noting that hospital personnel can often face difficult decisions in this regard. Action to end the life of newborn handicapped infants is criminal even if the suffering is unbearable, and is considered homicide in the Netherlands. Nevertheless, extremely complex medical issues are raised when the infant has congenital abnormalities which cannot go away. In 2006, a Committee of Experts to advise on end-of-life decisions was established.
- The State Secretary for Justice stated that the Optional Protocol to CRC on the involvement of children in armed conflict is currently being reviewed by Parliament with a view to ratification.
- The Islamic Republic of Iran expressed concern, inter alia, about discrimination in society, the high incidence of child abuse and the high number of women and girls who are victims of trafficking.
- With reference to the national report noting that people of Dutch origin and migrants still live in separate worlds, Turkey wanted to hear the views of the Government on measures which may be taken to address the issue of de facto school segregation as reported also by the Committee on the Elimination of Racial Discrimination (CERD) and the Committee on the Rights of the Child.
- While welcoming the appointment of a Minister for Youth and Family in 2007, Slovenia expressed concern about the lack of sufficient mental health services for adolescents, the prevalence of drug and alcohol abuse, teenage pregnancies and sexually transmitted infections, and requested more information on programmes and measures to prevent or reduce drug and alcohol abuse.
- Indonesia sought clarification about governmental strategies to alleviate the continued discrimination in the field of education and employment faced by ethnic groups.
- Ghana wanted to know whether the Government was succeeding in its efforts to prevent the portrayal of girls and women as sex objects.
- Bangladesh referred to the concern expressed by CEDAW about the number of women and girls victims of trafficking, and stated that the Government should address the issue of demand in the destination country in order to be successful in the fight against trafficking in persons.
- Regarding questions about ethnic barriers in education, the Netherlands referred to its national report which states that it is keen to ensure that children attending segregated schools come into contact with each other. Since 2006, agreements have been reached at the municipal level and schools have to report on what they are doing to counter segregation. Both local authorities and schools can turn to the Expertise Centre on Multi-ethnic Schools, which was set up in 2006. The Education Inspectorate also ensures that schools are making an adequate contribution. Pilot projects will be launched in 2008 to see what is being done to tackle this problem. Segregation in school is also about segregation in housing, which is one of the major concerns of the moment.
- Mexico recommended that necessary measures be taken regarding discrimination against women refugees, migrants and women from ethnic groups, and to guarantee the integration of all female children.
- Algeria recommended to the Netherlands to undertake an in-depth study on trafficking and exploitation of children, particularly with regard to sexual abuse, child prostitution and child pornography, as a basis for urgent remedial action in this regard.
Accepted and Rejected Recommendations
The following recommendations were accepted:
78-1. Ratify as soon as possible the International Convention on the Protection of All Persons from
Enforced Disappearance (France);
- to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Brazil)
- to ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict (Brazil)
- to set clear time frames in this regard, and that the Human Rights Council be informed accordingly (Russian Federation);
- 20. Continue to promote awareness of diversity and multiculturalism at all levels of education
(Algeria, Republic of Korea);
- 26. Undertake an in-depth study on trafficking and exploitation of children, particularly with regard to sexual abuse, child prostitution and child pornography, as a basis for urgent remedial action in this regard (Algeria);
The following recommendations were rejected by Netherlands:
- 10. Consider withdrawal of reservations with respect to the Convention on the Rights of the Child
(Russian Federation)