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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Reports: ______________________________________________________________________________ Special Rapporteur on Toxic Waste Okechukwu Ibeanu (A/HRC/12/26/Add.2 ) Report published: 3 September 2009 Healthcare: With regard to health care, the Special Rapporteur has taken note of information received from the Government that free medical treatment was provided in approximately 50 access points, including public and private health institutions, and in mobile units. During his visit, the Special Rapporteur was informed that the access points often lacked proper equipment and medication to treat patients. In addition, many people, especially those living near the dumping sites, still experience health problems. Adverse effects on childbirth and child health, including miscarriages and stillbirth, have also been reported. The monitoring of the long-term effects on human health and care for the most vulnerable therefore remains necessary. (Paragraph 60) ______________________________________________________________________________ Special Rapporteur on Violence Against Women Yakin Ertürk (A/HRC/4/34/Add.4 ) Report published: 7 February 2007 Population Statistics: The Netherlands has become a multi-ethnic society: 1.7 million inhabitants (10 per cent of the total population) are first- and second-generation immigrants of non-Western origin. Every third resident of Amsterdam, Rotterdam and The Hague (and more than half of all children younger than 14 years) has a non-Western ethnic background. (Paragraph 4) Domestic Violence: Domestic violence committed by a current or former male intimate partner remains the most prevalent form of VAW in the Netherlands: 57,000 cases of domestic violence, domestic harassment and stalking in the domestic sphere were reported to the police in the course of 2005.13 Most domestic violence cases (41.1 per cent) concerned physical assault. Women were the primary victims of the violence reported. Three out of every four victims of all reported cases (76.1 per cent) are women. In comparison, male victims are most likely to be found in age groups with inherent vulnerabilities: boys, teenagers and the elderly. (Paragraph 29) It is also estimated that 100,000 children in the Netherlands witness domestic violence each year. According to professionals, children witnessing violence between parents may suffer a post-traumatic stress disorder that can seriously affect their cognitive and emotional development. Children who grow up in a violent environment are more likely to become victims of child abuse themselves and are also more likely to continue the cycle of domestic violence (as perpetrators or victims) when they grow up.16 (Paragraph 31) Furthermore, legislation is pending in parliament which would authorize mayors to impose temporary restraining orders against persons who threaten their partners, children or others in the domicile with violence. The restraining order can be extended to a maximum period of four weeks. Since it is a preventive safety measure and not a criminal sanction, the restraining order is to be based on a future-oriented risk assessment. Persons subject to a restraining order are not allowed to enter into contact with the person they have threatened and they are barred from entering the joint domicile. The police are tasked with monitoring compliance with the restraining orders issued and the courts may sanction breaches with up to two years of imprisonment or a community service order. (Paragraph 38) This approach fails to acknowledge that the vast majority of domestic violence cases concern violence committed by men against their current or former female partners. Such violence is treated within the same framework as violence against inherently vulnerable groups (children and the elderly) and the odd case of violence committed by an adult woman against her adult partner that may also occur. The strategic framework thereby misses the specificity of violence of men against women, which is a manifestation of historically unequal power relations between men and women and constitutes one of the social mechanisms by which women are forced into a subordinate position. As a result, the Dutch domestic violence policy tends to focus on individualized interventions to support victims and treat or punish perpetrators, but largely neglects the root causes of violence suffered by women: lack of socio-economic empowerment, the perpetuation of stereotypical gender roles, and the unequal gender power relations interlinked with both factors. (Paragraph 40) The justifications underlying the gender-neutral approach to domestic violence are less than convincing. The then Minister of Justice emphasized in our discussions that everyone is equal before the law, which is why all forms of domestic violence ought to be treated alike. Law enforcement agencies and judicial organs should indeed pursue all individual perpetrators of violence, whether they are men or women, with equal dedication. Yet, this does not prevent the adoption of a policy framework, which, firstly, acknowledges the fact that three distinct categories (men’s violence against women, violence against children, violence against the elderly) constitute the vast majority of domestic violence cases and, secondly, takes a differentiated approach towards each category, bearing in mind its specificities. (Paragraph 41) Honour-Related Violence: According to a working definition used by the Ministry of Justice, the term HRV denotes “any form of mental or physical violence committed in response to a (threatened) violation of the honour of a man or woman and therefore that of his and her family, of which the outside world is aware or may become aware of”. This definition disregards both the gendered nature of HRV as well as its intersections with other systems of inequality. No comprehensive, sex-disaggregated statistics on HRV have been compiled in the Netherlands. Most of the known cases involve situations where the regulation of the conduct of young women or girls seems to have failed, which prompts the family to take severe action, including - in the most extreme cases – murder. (Paragraph 46) Although boys and men may also become targets,22 HRV serves to ensure women’s conformity with group norms and sustain control over their sexuality, as honour is seen to reside in the bodies of women. The family’s attempt to force a woman into a marriage or to cause her to end an unacceptable relationship is often a central theme leading to HRV. Sometimes the mere perception of dishonourable behaviour within the community can lead to HRV. (Paragraph 47) Public attention has strongly focused on several murders that are said to be honour related. At the same time, the continuum of related acts of violence has probably remained invisible, because HRV tends to be incremental. It typically begins with emotional pressure, restriction of movement, systematic social isolation and veiled threats of violence before achieving its distinct form if the victim continues to be “defiant”. The immense emotional pressure often exercised on victims can affect their mental health and even lead to suicide. Dutch law enforcement officials informed me about cases in which immigrant girls had been driven to suicide in order to cleanse a supposed stain on the family’s honour. (Paragraph 48) Female Genital Mutilation: Female genital mutilation (FGM) has become another priority concern for the Government. According to Pharos, a national expertise centre on FGM, an estimated 16,000-20,000 girls and young women with roots in countries where the practice is prevalent are considered to be at risk. Due to the nature of the practice, it is difficult to ascertain how many FGMs are actually carried out in or organized from the Netherlands. In 2005, a commission of the Dutch Council for Public Health and Health Care estimated that at least 50 girls living in the Netherlands are subjected to FGM annually. (Paragraph 51) The Government has adopted a zero-tolerance policy towards FGM. It is considered to be a form of violence against women and children and a protocol has been introduced requiring health-care professionals to report detected cases to the Dutch Child Abuse Agency. Even though there is no specific criminal provision on FGM, perpetrators can be prosecuted for assault or aggravated assault under the Criminal Code. Dutch nationals can also be prosecuted if they perpetrate FGM in another country regardless of whether that country has criminalized the practice. So far there have not been any prosecutions. In addition to repressive measures, the Government and municipalities support a range of preventive measures that aim to reach out to immigrant communities in which FGM is assumed to be prevalent. In six regions, the Government is funding a project to introduce and implement a protocol on preventing FGM. (Paragraph 52) Trafficking: Minor girls are also among the victims of trafficking into sexual exploitation. The National Rapporteur on Trafficking in Persons, an independent monitoring institution established by the Government, has reported that some of these girls are trafficked into the Netherlands by being made to pose as unaccompanied underage asylum-seekers.28 There are also strong indications that pimps deliberately seek to recruit minor girls (and sometimes also boys) at asylum-seeker centres.29 In this context, it is a subject of grave concern that a number of minors disappear from asylum-seeker centres every year and their whereabouts cannot be traced. (Paragraph 68) Trafficking and sexual exploitation of women or girls within the Netherlands is also an issue of concern. In this context, the issue of so-called “lover boys” has attracted much attention. The term, an unfortunate euphemism, refers to criminal pimps who deliberately seek out vulnerable girls and women and pose as their boyfriends before pushing them into prostitution through manipulation and/or violence. The victims are typically minors when they are first forced into prostitution. Using available victim data, the Rotterdam Health Authority has calculated that the victims’ average age of recruitment is only 15.5 years. It is estimated that “lover boys” are involved in almost half of all cases of youth prostitution. (Paragraph 69) The Dutch approach to prostitution rests on three interlinked and interdependent tenets. First, a distinction is drawn between legalized prostitution involving consenting adults on the one hand and involuntary prostitution, prostitution of minors (regardless of their consent) and human trafficking on the other hand. With regard to the latter issues the Government pursues a zero tolerance strategy. Second, the Dutch municipalities have been mandated to regulate and monitor the sex sector on the basis of a licence system. Third, the Government is committed to protecting and improving the social position of women in prostitution. These issues are discussed in greater detail in the following paragraphs. (Paragraph 72) In implementing its zero-tolerance strategy, the Government has stepped up efforts to combat human trafficking. In 2005, new legislation entered into force that criminalizes all forms of trafficking recognized under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention on Transnational Organized Crime. The same year, an Expertise Centre on Human Trafficking and People Smuggling, to serve as a national focal point for the collection and analysis of information on trafficking, was set up. Efforts are also being made to make investigations more victim-sensitive by requiring that police officers complete a special training programme before interviewing potentially traumatized victims of trafficking, forced labour or sexual exploitation. Law enforcement agents are also encouraged to pursue investigation strategies that make prosecutions less dependant on evidence based on the testimonies of victims, who are usually traumatized and frightened. (Paragraph 73) Improvements must still be made with regard to the protective framework available to victims of human trafficking and sexual exploitation. Women’s shelters are often hesitant to take in victims of trafficking, not least due to increased security risks. I was told about cases in which women had to shuttle from shelter to shelter in order to avoid detection by the trafficking network they escaped from. The authorities are also confronted with the dilemma of former victims who often return to “lover boys” due to a continued emotional dependency. In these cases, courts can order the girls placed in an institution for their protection. In practice, this often means that the girls are placed in penal institutions alongside girls with criminal convictions because there are not enough specialized institutions for exploited minors. The Government plans to create by 2008 closed facilities for up to 400 young people who need care and treatment in a secure environment. (Paragraph 74) Concerning the role of the municipalities, they are responsible for licensing and regulating the sex industry within their boundaries, but are not allowed to outlaw prostitution altogether. In the absence of a national law on prostitution, almost all municipalities adopted regulations that more or less follow a model General Municipal By-Law drawn up by the Association of Dutch Municipalities. The municipalities can appoint officials to monitor the operation of brothels or street prostitution who have full access to sex establishments. Officials can demand that women in prostitution identify themselves (allowing, for example, the identification of minors), but they are not permitted to permanently register data on women in prostitution. (Paragraph 77) Due to the semi-illegality of the grey sector and the absence of regulation and monitoring, women in the grey sex sector face a higher risk of violence. The exploitation of minor girls and trafficked women also appears to take place mainly in grey sector sex establishments. In 2002, an official evaluation of the lifting of the brothel ban found “a lack of supervision and poor accessibility for social and health workers [in the grey sector], as the result of which these prostitutes are extra vulnerable to exploitation and their position has worsened rather than improved.”34 Four years later, the government authorities are still struggling to get control of the grey sex sector, especially the escort agencies. The authorities now require newspapers to record the names and addresses of persons placing advertisements for prostitution. The law enforcement authorities also launch sting operations against suspicious escort services by posing as potential buyers. Amsterdam plans to introduce a licensing system for escort agencies which is expected to enter into force in 2007. However, other municipalities still fail to assume their legal responsibility to regulate the entire sex sector operating within their boundaries. (Paragraph 83) Asylum-Seekers: Enhancing measures to detect and prevent trafficking and sexual exploitation of asylum-seekers, especially minors. The Government should also ensure inter-agency cooperation on the basis of a shared protocol to meticulously follow up each case of a disappearance of a minor asylum-seeker (Paragraph 92d) ______________________________________________________________________________ Special Rapporteur on Toxic Waste Fatma-Zohra Ouhachi-Vesely (E/CN.4/2000/50/Add.1 ) Report published: 20 March 2000 Haiti case: The Special Rapporteur met with the Prosecutor handling the case of the Haitian children who died after ingesting an antipyretic syrup made from glycerine unsuitable for medical use which had been exported to Haiti by a Netherlands-based company (full details may be found in the previous report, E/CN.4/1999/46, paras. 50-64). To recapitulate the salient points of the case: in 1996 and 1997 at least 48 children in Haiti allegedly died of acute kidney failure after taking contaminated liquid acetaminophen (trade name: Afebril) made by Pharval, a pharmaceutical company in Haiti. The Haitian acetaminophen was contaminated with an automobile antifreeze ingredient called diethylene glycol. (Paragraph 27) It is alleged that the Netherlands company Vos BV knew that the medication delivered to Haiti in 1995 and which caused the death of the Haitian children was not pure. An investigation revealed that the company had sent a sample of the glycerine to a laboratory for analysis prior to delivery. Although the results showed that the glycerine was unsuitable for medical use, it was still sold, through a German company, with a “pharmaceutical quality” certificate. (Paragraph 28) The affair came to light in July 1997 after dozens of children had died in Haiti after taking paracetamol syrup for fever, sore throat and headache. The syrup, in which the glycerine delivered by Vos was an important ingredient, had been produced by the Haitian pharmaceutical company Pharval. In 1997, the Haitian Government requested help from the FDA to carry out an investigation to discover the origin of the glycerine. FDA investigators visited different countries, including the Netherlands, and their subsequent report revealed that the glycerine had been mixed with the antifreeze diethylene glycol. In high doses, this product is fatal for children. (Paragraph 30)
Please note that the language may have been edited in places for the purpose of clarity.
Country visit: 4 to 8 August 2008 (Côte d’Ivoire) and 26 to 28 November 2008 (the Netherlands)
Country visit: 2 to 12 July 2006
Country visit: 18 to 29 October 1999