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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/NLD/CO/4
Last reported: 14 / 15 July 2009
Concluding Observations issued: 27 July 2009
Issues raised:
Medical testing on children: The Committee notes that medical experimentation involving minors is currently permissible in the State party in two cases: either where it would be of direct benefit to the child concerned or, instead, where the participation of children is a necessary component of the research and the experimentation is deemed to have a “negligible” effect. Nevertheless, the Committee remains concerned that the law does not contain adequate safeguards in relation to medical experimentation requiring the involvement of children. (arts. 7 and 24) . (Paragraph 8).
The Committee reiterates its recommendation that the State party should ensure that minors are not subjected to any medical experiments which do not directly benefit the individual concerned (non-therapeutic research) and that safeguards in general are fully consistent with the rights of the child, including with regard to matters of consent.
Child abuse: The Committee is concerned at the problem of child sexual abuse in the State party. Even with the “Children Safe at Home” Action Plan, the Committee is concerned that the efforts deployed to protect children are inadequate and that many cases of abuse are not reported. (arts. 7 and 24) . (Paragraph 17).
The State party should strengthen its efforts to combat child abuse by improving mechanisms for its early detection, encouraging reporting of suspected and actual abuse, and by requiring authorities to take legal action against those involved in child abuse.
THE NETHERLANDS ANTILLES
Children born out of wedlock: The Committee commends the State party on the amendment to the law allowing for the judicial declaration of paternity in respect of children born out of wedlock. However, it is concerned that children born out of wedlock continue to suffer discrimination through the loss or limitation of their right of inheritance.(arts. 2 and 26) (Paragraph 21).
The State party should amend its legislation with a view to removing all provisions which discriminate against children born out of wedlock in matters of inheritance.
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UN Committee on Economic, Social and Cultural Rights
E/C.12/NLD/CO/6
Last reported: 20 May 2016
Concluding observations issued: 6 July 2017
Issues raised:
Domestic violence and child abuse:
The Committee is concerned that domestic violence and child abuse, despite the measures taken, remains pervasive in all of its constituent parts. The Committee is further concerned that the devolution of responsibility for preventing domestic violence to municipalities in the Netherlands has not been accompanied by commensurate increase in capacity. As a result there is an unreasonable delay in many municipalities for victims of domestic violence to get access to the services provided by Safe at Home centres. The Committee is further concerned that the criteria for access to shelter are restrictive, limiting victims access thereto. . While the Committee notes the intention of the State party to conclude an agreement with the authorities in Aruba, Curaçao and St. Maarten to strengthen policies on combating domestic violence, it remains concerned at the continued absence of reliable data for Aruba, Curaçao and St. Maarten in this field (art. 10) (para. 33).
The Committee recommends that the State party redouble its efforts to combat domestic violence and child abuse. In that regard, it calls upon the State party to put in place mechanisms to monitor the capacity of municipalities, adjust eligibility critera to the needs of the victims and ensure victims access to quality services in all part of the Netherlands; Take immediate measures, together with local authorities, to strengthen efforts to combat domestic violence and child abuse in Aruba, Curaçao and St. Maarten and to ensure adequate funding, resources and staffing for that purpose; To submit up-to-date disaggregated data in its next periodic report, with information from all constituent parts of the State party on the number and nature of reported cases of domestic violence, on convictions and sanctions imposed on perpetrators, as well as on any assistance and rehabilitation measures provided to victims, in accordance with the Committee’s previous recommendation, E/C.12/NDL/CO/4-5 para. 21 (para. 34).
Intersex children:
The Committee is concerned that the State party’s practice of early surgeries and medical interventions on intersex children, which are not necessary for physical health and alters their sex characteristics, do not respect their right to free, prior and informed consent (art. 12) (para. 48).
The Committee recommends that the State party review the practice of early surgeries and medical intervention on intersex children in order to make sure that they are mature enough to be consulted on preferred treatments on the basis of their informed choices and consent (para. 49).
Education:
The Committee is concerned about the segregation in a large number of schools and the consequent inequalities in educational attainment, especially for children belonging to ethnicminorities (art. 13) (para. 50).
The Committee recommends that the State party take all necessary measures to reduce the segregation and attainment gaps by investing more resources in education for children from ethnic minorities including increasing the number of qualified teachers and adequate education facilities for those groups (para. 51).
Inclusive education for children with disabilities:
While the Committee takes note of the adoption of the Appropriate Education Act in 2014 and the agreement between municipalities and the regional cooperation boards in June 2016 to reduce school dropout for children with disabilities, it regrets that the Act does not provide these children with a right to be included in mainstream education, nor a right to quality education. This result in many children with disabilities being almost automatically referred to schools for special education, and both mainstream and special schools are often unable to provide tailored educational support. The Committee is further concerned that a considerable number of children with disabilities are officially exempted from school attendance. (arts. 13 and 14) (para. 52).
The Committee recommends that the State party closely monitor the effects of the legislative and administrative changes with regards to ensuring the right to education for children with disabilities and decrease school dropout rate. It also requests that the State party provide statistical data on educational enrolment and school dropout rates for children with disabilities, including the type of school and, length of education, as well as the age, sex and ethnic background of children with disabilities, in its next periodic report (para. 53).
Cultural rights:
While noting the ongoing measures to adopt educational curricula to reflect the local history and cultures of Aruba, Curaçao and St. Maarten and of using native languages for instruction in schools, the Committee remains concerned that the measures have not been effective and that opportunities for children to study in the local languages are scarce, leaving children speaking other mother tongues than Dutch at a disadvantage (art. 15) (para. 54)
The Committee recommends that the State party increases its efforts to ensure that local history and cultures are included in the school curricula and that opportunities to study in the local languages are provided, in regions where the local languages are traditionally spoken, including at university level. The Committee reminds the State party of its general comment No. 21 (2009) on the right of everyone to take part in cultural life in which it has stated that education must be culturally appropriate and enable children to develop their personality and cultural identity and to learn and understand cultural values and practices of the communities to which they belong, as well as those of other communities and societies (para. 55).
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E/C.12/NLD/4-5,Add.1andAdd.2)
Last reported: 10 / 11 November 2010
Concluding Observations issued: 19 November 2010
Issues raised:
Minority groups: The Committee urges the State party to pay particular attention to the situation of migrants and persons from ethnic minorities in the Netherlands and calls on the State party to:
(a) Identify any difficulties faced by these groups in accessing employment, housing, health and education, and take the necessary remedial steps;
(b) adopt and implement targeted policies and programmes to improve their situation;
(c) take all necessary measures to combat racism and xenophobia, including through the use of media and education to overcome stereotypes and promote diversity, bearing in mind that changing attitudes will necessitate long-term efforts reaching out to the public at large;
(d)enforce effectively the legal prohibitions against discrimination in the enjoyment of economic, social and cultural rights; and
(e) provide in its next periodic report comparative statistics on the enjoyment of economic, social and cultural rights by migrants and persons from ethnic minorities, and the rest of the population.
Children with disabilities: The Committee notes with concern that persons with disabilities face discrimination in the enjoyment of economic, social and cultural rights, particularly in the field of employment and education. (art. 2 (2)) (Paragraph 13).
The Committee calls on the State party to continue its efforts to promote integration of persons with disabilities in the labour market and to facilitate their access, physical or otherwise, to education. The Committee recommends that the State party take all necessary measures to ensure that all persons with disabilities enjoy the same economic, social and cultural rights as the rest of the population, according particular attention to their accessibility to public places. In this regard, the Committee draws the attention of the State party to its General Comment No. 5 on persons with disabilities (1995).
Corporal punishment: The Committee regrets that corporal punishment is not prohibited in Aruba. (art. 10, 13) (Paragraph 22).
The Committee urges the State party to introduce a statutory prohibition of corporal punishment in the home and in all educational settings in Aruba, in line with article 10 of the Covenant and the Committee’s General Comment No. 13 on the right to education (1999) which refers to the fact that corporal punishment is inconsistent with the fundamental principle of dignity of the individual.
Discrimination: The Committee notes with concern that boys face discrimination in all the islands of the former Netherlands Antilles, which affects their education, as confirmed by a survey conducted by the State party. (art. 10, 2(2)) (Paragraph 23).
The Committee calls on the State party to continue to address the problem of discrimination faced by boys in the islands of the former Netherlands Antilles by attending to its root causes, such as the societal stereotypes about, and expectations from, boys and girls. In this regard, the Committee recommends that, in addition to the involvement of parents and teachers, the policies to be adopted and implemented also comprise public awareness campaigns to change the public’s attitudes towards gender roles and the education of boys and girls.
Juvenile justice: The Committee is deeply concerned that asylum-seekers and unaccompanied minors in the Netherlands have been held in detention for long periods of time. The Committee also regrets that undocumented migrants, including families with children, are not entitled to a basic right to shelter and are rendered homeless after their eviction from reception centres. The Committee is also concerned that, although undocumented migrants are entitled to healthcare and education, in practice they cannot always have access to either. (art. 11, 10, 12, 13, 2 (2)) (Paragraph 25).
The Committee urges the State party to:
(a) ensure that the legislation in the Netherlands guarantees that asylum-seekers are detained only when it is absolutely necessary and that the time which rejected asylum- seekers and irregular migrants spend in detention is limited to a strict minimum; and
(b) meet its core obligations under the Covenant and ensure that the minimum essential level relating to the right to housing, health and education is respected, protected and fulfilled in relation to undocumented migrants.
Abortion: The Committee expresses its deep concern at the reportedly high number of abortions performed in the islands of the former Netherlands Antilles and at the lack of an official estimate of the scale of the problem. In addition, the Committee is also particularly concerned that abortion primarily concerns adolescents and that it remains illegal in Curaçao and St. Maarten. (art. 12). (Paragraph 27).
The Committee urges the State party to review the legislation in Curaçao and St. Maarten and consider providing for exceptions to the prohibition on abortion in cases of therapeutic abortion or pregnancies resulting from rape or incest. Furthermore, the Committee calls on the State party to adopt, in all its territories, effective measures to assist women in preventing unwanted pregnancies, including by implementing mandatory sex education in schools and by providing a broad range of sexual and reproductive health goods and services through the primary healthcare system, with particular attention to access by adolescents and other disadvantaged and marginalized individuals and groups. The Committee requests the State party to provide in its next periodic report detailed information, including statistics, on early pregnancies and abortions among adolescents, and on the impact of measures taken to address these problems.
Education: The Committee is concerned that, while education is compulsory for all children, regardless of their legal status, undocumented children opting to enroll in vocational education programmes are not yet able to complete their apprenticeships because of work permit requirements in the Netherlands. (art. 13, 2 (2)). (Paragraph 31).
The Committee recommends that the State party take appropriate remedial measures to ensure that undocumented children who enroll in vocational education programmes in the Netherlands are able to complete their apprenticeships.
Human rights education: The Committee is concerned that the national school curricula of the State party do not provide for adequate human rights education. (art. 13). (Paragraph 32).
The Committee calls on the State party to ensure that human rights education is provided in schools at all levels and universities, and that it covers the economic, social and cultural rights.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/NLD/CO/19-21
Concluding Observations issued: 28 August 2015
Issues raised:
Racial Discrimination: The Committee is concerned that stereotypes and discriminatory attitudes remain prevalent in society. The Committee is particularly concerned that: [...] (e) Racist bullying at school has been increasing (arts. 2, 4, 5, 6 and 7) (para 13)
The Committee recommends that the State party take specific measures to combat stereotyping and stigmatization of members of ethnic groups, and pay particular attention to addressing indirect discrimination. The Committee furthermore recommends that the State party: […] (c) Strengthen measures to eliminate racist bullying at school, including by promoting, at all levels of education, general sensitivity to diversity and multiculturalism. (para 14)
Discrimination against people of African descent: The Committee is concerned about the increase in discrimination, including racial profiling and stigmatisation, faced by people of African descent. The Committee is also concerned about the structural invisibility of this discrimination, as reflected in the fact that people of African descent are not identified by the State party as a group facing discrimination. In this regard the Committee is concerned in particular about: […] (c) The insufficient awareness within the Dutch society about slavery and the colonial past (arts. 2, 4, 5, and 7). (para 15)
Bearing in mind its general recommendation no.32 (2009) on the meaning and scope of special measures, and in light of its general recommendation no.34 (2011) on Racial Discrimination against People of African Descent, the Committee recommends that the State party explicitly recognize that people of African descent form a part of Dutch society, and (d) Increase in its school curriculum information on the slave trade, enslavement and colonisation. (para 16)
Reporting and prosecution of cases of racial discrimination: The Committee notes with concern that acts of racial discrimination are underreported and under prosecuted. In particular the Committee is concerned about the limited number of complaints registered by the police, the limited number of complaints investigated by prosecutors and submitted to the courts, as well as the reported reluctance of victims to lodge complaints out of fear of social censure, lack of trust in the authorities and/or lack of awareness of available remedies. The Committee furthermore notes with concern that this phenomenon seems to be connected inter alia to frequent downplaying and insufficient understanding of the existence and the manifestations of racism and racist practices within society (arts. 2, 6 and 7). (para 25)
Recalling its general recommendation No. 31 (2005) on the Prevention of Racial Discrimination in the Administration and Functioning of the Criminal Justice System, the Committee recommends that the State party remind members of the police, public prosecutors and members of the prosecution service of the general importance of prosecuting acts of racial discrimination, in particular offences committed with racial motives. Furthermore, the Committee recommends that the State party: […] (c) Promote critical thinking among school children and young people and equip them with the necessary skills to become aware of and respond to stereotypes and discriminatory and intolerant behaviour. (para 26)
Education: The Committee is concerned about continuing disparities in educational achievement and school dropout rates between ethnic minority and majority youth. Furthermore, the Committee notes with concern that children in Aruba and Curaçao are educated in Papiamento and Papiamentu respectively only until the end of primary school (arts. 5). (para 31)
The Committee recommends that the State party strengthen and implement special measures to increase the level of educational achievement of children of ethnic minority groups and reduce school dropout rates among them. Furthermore, the Committee recommends that the State party give adequate recognition to mother tongues and introduce bilingual education in Aruba and Curaçao. (para 32)
Asylum-seekers and refugees: The Committee is concerned about the situation of asylum-seekers in the State party, including the increase in hostility towards refugees and asylum-seekers among the population and opposition to the opening of new reception centres. In particular the Committee is concerned about: […] (c) The disappearance of a relatively high number of unaccompanied children from the large scale reception facilities, who might have become victims of human trafficking. (para 33)
The Committee recommends that the State party develop public education programmes and promote positive images of ethnic minorities, asylum-seekers and migrants, and develop awareness-raising campaigns to inform the public on the current and historical reasons for migration, such as armed conflict as well as extreme poverty. Furthermore, the Committee recommends that the State party: […] (d) Take measures of protection with regards to women, children and LGBTI asylum seekers, because of their particular vulnerability, and increase protection for unaccompanied children in reception facilities and thoroughly investigate the disappearance of unaccompanied children and search and identify these children. (para 34)
Minority women and girls: The Committee notes with concern that women and girls from minority groups are subjected to intersectionalities of discrimination on ethnic origin and gender, are especially vulnerable to poverty and have particular difficulties to access employment, education and health care. (arts. 2 and 5). (para 35)
The Committee recommends that the State party bear in mind the Committee’s general recommendation no.25 (2000) on Gender-related Dimensions of Racial Discrimination, and that it incorporate a gender perspective into all policies and strategies for combating racial discrimination in order to address the multiple forms of discrimination to which women are subject. The Committee also encourages the State party to monitor and, if necessary, take measures with regard to addressing multiple discrimination against women belonging to minorities and other vulnerable groups, and place a particular focus on discrimination that is subtle and may go unnoticed. (para 36)
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CERD/C/64/CO/7
Concluding Observations issued: 10 May 2004
Issues raised:
Racism and education: The Committee is concerned about the occurrence in the State party of racist and xenophobic incidents, particularly of an anti-Semitic and “Islamophobic” nature, and of manifestations of discriminatory attitudes towards ethnic minorities. (Paragraph 10).
The Committee encourages the State party to continue monitoring all tendencies which may give rise to racist and xenophobic behaviour and to combat the negative consequences of such tendencies. The Committee further recommends that the State party continue to promote general awareness of diversity and multiculturalism at all levels of education, paying particular attention to respect for the cultural rights of minorities, and pursue the effective implementation of measures to facilitate the integration of minority groups in Dutch society.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/NLD/CO/6
Concluding reservations published: 18 November 2016
Positive Aspects: The Committee welcomes the progress achieved since its consideration in 2010 of the State party’s fifth periodic report in undertaking legislative reforms, in particular the adoption of the following legislation: The Mandatory Reporting Code (Domestic Violence and Child Abuse), in 2013; The Amendment to Book 1 of the Civil Code for Curaçao, which now makes it possible for parents to decide on the surname of their child, in 2010 (para 4).
Stereotypes and harmful practices: The Committee is concerned that: Medically irreversible sex-assignment surgery and other treatments are performed on intersex children. The Committee recommends that the State party develop and implement a rights-based health-care protocol for intersex children which ensures that children and their parents are properly informed of all options and that children are, to the greatest extent possible, involved in decision-making about medical interventions and that their choices are fully respected (paras 21, 22).
Trafficking and exploitation of prostitution: The Committee is concerned at the prevalence of trafficking of women and girls for purposes of sexual exploitation and at information that the State party’s focus is on smuggling of human beings other than trafficking in persons. The Committee recommends that the State party effectively implement existing legislation on human trafficking by ensuring that perpetrators are prosecuted and adequately punished and victims are identified at an early stage, protected and assisted (paras 27, 28).
The Committee notes that prostitution is legal in the State party. However, it is concerned at the lack of specific information on the existing programmes for women who wish to leave prostitution and the specific policy measures aimed at prosecuting “lover boys” who exploit women and girls in prostitution. The Committee recommends that the State party provide information in the next periodic report on specific programmes for women who wish to leave prostitution including by providing alternative income-generating opportunities, and take appropriate measures, including prosecution, to combat the exploitation of women and girls by so-called “lover boys” (paras 29, 30).
Education: The Committee notes the generally high quality of education in the State party and welcomes the range of measures taken to further improve women’s and girls’ access to quality education in the State party. However, the Committee is concerned at persistent segregation in the field of education, particularly in vocational training and higher education, as well as girls’ and women’s underrepresentation in traditionally male-dominated subjects at HAVO (senior secondary general education) and VWO (pre-university education) levels; Information that in Aruba, school attendance of girls over 15 years decreases at each higher level of education; and information that in Curaçao, women and girls continue to be concentrated in traditional fields of study notwithstanding that they constitute twice the number of men and boys at the university (para 33).
The Committee recommends that the State party strengthen its strategies to address discriminatory stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study such as science, technology, information and mathematics; Introduce programmes aimed at ensuring the retention of girls in schools in Aruba, including at the secondary and tertiary levels of education; and take appropriate remedial action in Curaçao to orient women and girls to traditionally male dominated fields of study at the University of Curaçao, including through the use of temporary special measures, such as scholarships, and non-stereotypical career counselling (para 34).
Health: The Committee is concerned that in Curaçao, contraceptives are not covered by health insurance and although they can be purchased at an affordable price from government-sponsored non-governmental organisations, only a limited number of women use modern contraceptives. Women and girls continue to be risk of female genital mutilation, forced marriages and crimes in the name of so-called honour; Medically irreversible sex-assignment surgery and other treatments are performed on intersex children. The Committee recommends that the State party introduce programmes, including awareness raising programmes to promote the use of modern contraceptives in Curaçao, including by women and adolescent girls, and address any barriers in accessing them; Analyse the root causes for the increase in the incidence of HIV/AIDS in Aruba and take concrete measures to address them, including through awareness-raising programmes on prevention as well as modern contraceptive use by women and girls (paras 37, 38).
Gender-based violence against women: The Committee remains concerned at the lack of data on the impact of the broadening of the Social Support Act, 2015 to include safety in domestic setting as well as the merger of child abuse and domestic violence into safe home organisations. The Committee recommends that the State party carry out an evaluation on the provision of shelter services and their management by municipal authorities following the merger of child abuse and domestic violence services, and provide information in the next periodic report on the impact of these changes (paras 23, 24).
Trafficking and exploitation of prostitution: The Committee is concerned at the prevalence of trafficking of women and girls for purposes of sexual exploitation and at information that the State party’s focus is on smuggling of human beings other than trafficking in persons. The Committee is concerned at the lack of specific information on the existing programmes for women who wish to leave prostitution and the specific policy measures aimed at prosecuting “lover boys” who exploit women and girls in prostitution. The Committee recommends that the State party provide information in the next periodic report on specific programmes for women who wish to leave prostitution including by providing alternative income-generating opportunities, and take appropriate measures, including prosecution, to combat the exploitation of women and girls by so-called “lover boys” (paras 27. 29, 30).
Education: The Committee notes the generally high quality of education in the State party and welcomes the range of measures taken to further improve women’s and girls’ access to quality education in the State party. However, the Committee is concerned at persistent segregation in the field of education, particularly in vocational training and higher education, as well as girls’ and women’s underrepresentation in traditionally male-dominated subjects at HAVO (senior secondary general education) and VWO (pre-university education) levels; Information that in Aruba, school attendance of girls over 15 years decreases at each higher level of education; and information that in Curaçao, women and girls continue to be concentrated in traditional fields of study notwithstanding that they constitute twice the number of men and boys at the university (para 33).
The Committee recommends that the State party strengthen its strategies to address discriminatory stereotypes and structural barriers that may deter girls from enrolling in traditionally male-dominated fields of study such as science, technology, information and mathematics; Introduce programmes aimed at ensuring the retention of girls in schools in Aruba, including at the secondary and tertiary levels of education; Take appropriate remedial action in Curaçao to orient women and girls to traditionally male dominated fields of study at the University of Curaçao, including through the use of temporary special measures, such as scholarships, and non-stereotypical career counselling (para 34).
Employment: The Committee is concerned at continued horizontal and vertical occupational segregation, with women being concentrated in part time work predominantly due to child care responsibilities, which adversely affects women’s career development and pension benefits. The Committee is particularly concerned at the drop in the use of child-care facilities notwithstanding the increased funding for childcare services. The Committee recommends that the State party intensify its efforts to guarantee equal opportunities for women in the labour market and create more opportunities for women to gain access to full-time employment by addressing the roots causes regarding the drop in the use of childcare services (paras 35, 36).
Health: The Committee is particularly concerned that in Curaçao, contraceptives are not covered by health insurance and although they can be purchased at an affordable price from government-sponsored non-governmental organisations, only a limited number of women use modern contraceptives. The Committee recommends that the State party introduce programmes, including awareness raising programmes to promote the use of modern contraceptives in Curaçao, including by women and adolescent girls, and address any barriers in accessing them; Analyse the root causes for the increase in the incidence of HIV/AIDS in Aruba and take concrete measures to address them, including through awareness-raising programmes on prevention as well as modern contraceptive use by women and girls (paras 37, 38).
Disadvantaged groups of women: The Committee notes with concern that women and children are at higher risk of poverty than men and that women accumulate lower pension benefits than men, resulting in higher poverty rates among older women. The Committee recommends that the State party take gender-sensitive measures to ensure that women and girls are not over-burdened in the provision of informal care (paras 39, 40).
Marriage and family relations: The Committee is particularly concerned at the lack of information on whether or not judges in the State party systematically assess domestic violence before deciding on child custody. The lack of information on whether in case of distribution of property upon divorce, judges take into account the differences in spouses' earning potential and human capital, and addresses gender-based economic disparities between spouses resulting from existing sex segregation in the labour market, the gender wage gap, and women’s disproportionate share in unpaid work such as child care. The Committee recommends that the State party ensure, including through judicial training, that gender based violence against women in the domestic sphere is taken into account in decisions on child custody or visitation rights, and sensitise the judiciary on the negative impact of domestic violence on a child’s development (paras 43, 44).
Women, peace and security: While recognising that the State party undertakes a human rights impact assessment, including as regards women’s rights, before approving an arms export license, the Committee is, however, concerned that public scrutiny of its assessments are not allowed.The Committee recommends that the State party give due consideration to the Committee’s general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations and ensure that comprehensive and transparent assessments of the impact of arms exports on women’s rights are made before approving export licenses, particularly to countries where arms may directly or indirectly be used to violate the rights of women and girls (paras 45, 46).
(CEDAW/C/NLD/5 and Add.1)
Last reported: 27 January 2010
Concluding Observations issued: 5 February 2010
Issues raised:
Education: Despite the measures taken by the Netherlands, the Committee notes the persistence of segregation in the field of education, particularly in vocational training and higher education, as well as stereotyped educational choices. The Committee expresses concern at the persistence of appointment practices in universities advantageous to men and at the formulation of a target of female professors well below the European Union norm of 25 per cent, although there is no shortage of qualified and suitable women candidates. The Committee further expresses concern that the concept of lifelong learning tends to be narrowed down to education focused on the labour market, thus excluding women who do not work, in particular older and disabled women. (Paragraph 34).
The Committee encourages the State party to develop comprehensive measures aimed at the diversification of women’s academic and professional choices. The Committee also encourages the State party to monitor the career development of women in the education system to ensure equal access and prevent hidden or unintended discrimination faced by women. The Committee calls upon the Netherlands to align itself with the objectives fixed by the European Union and to provide the Committee in its next report with information on concrete measures taken to reach this objective. The Committee further urges the Netherlands to expand gender mainstreaming in all levels of the school system, including in the lifelong learning policy, and to ensure full access for all women throughout their lives.
Minority groups: While noting the measures taken with the aim of enhancing the integration of immigrant, migrant, black, Muslim and other minority women in Dutch society, the Committee continues to be concerned that those groups still face multiple forms of discrimination with respect to education, health, employment and social and political participation. The Committee also reiterates its concern at the formal requirements for family reunification in the Netherlands, namely the integration test and the minimum income requirement, which are imposed only on certain nationalities and which disproportionately affect migrant women. The Committee notes also that similar requirements apply with respect to family formation and to family members of a refugee who have not applied for family reunification within three months after asylum was granted. (Paragraph 42).
The Committee urges the Netherlands to intensify its efforts to eliminate discrimination against immigrant, migrant, black, Muslim and other minority women. It encourages the adoption of proactive measures to further increase their participation in the labour market, improve their awareness of the availability of social services and legal remedies and ensure protection against victimization. The Committee also calls upon the State party to conduct regular and comprehensive studies on discrimination against immigrant, migrant and minority women, to collect statistics on their employment, education and health situation and to report them in its next report. The Committee urges the Netherlands to withdraw its more severe requirements for family formation and family reunification, which constitute a breach in its obligation under article 16 of the Convention.
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UN Committee against Torture
CAT/C/NLD/CO/5-6
Last reported - 14 / 15 May 2013
Concluding Observations - 20 June 2013
Issues raised:
Unaccompanied children: The Committee notes the State party’s information that unaccompanied children asylum-seekers continue to be placed in detention centres in the European part of the Kingdom if there is doubt about their age. The Committee is also concerned about the reports by the European Committee for the Prevention of Torture regarding families with children, who await expulsion, being detained longer than the maximum limit of 28 days (arts. 3 and 11). Paragraph 17.
The Committee recommends that the State party:
(a) Verify the age of an unaccompanied child, if uncertain, before placing the child in detention. Such detention should be used as a last resort;
(b) Take alternative measures to avoid detention of children or their separation from their families;
(c) Ensure that unaccompanied minors can enjoy the rights guaranteed by the Convention on the Rights of the Child, to which the Kingdom of the Netherlands is a party.
Trafficking: The Committee notes the State party’s information that unaccompanied children asylum-seekers continue to be placed in detention centres in the European part of the Kingdom if there is doubt about their age. The Committee is also concerned about the reports by the European Committee for the Prevention of Torture regarding families with children, who await expulsion, being detained longer than the maximum limit of 28 days (arts. 3 and 11). Paragraph 17.
(f) Compile disaggregated data on trafficking in human beings including cases of sexual exploitation and trafficking of children, to be regularly updated.
CAT/C/NET/CO/4
Last reported: 7 / 8 May 2007
Concluding Observations issued: 14 May 2007
Issues raised:
Asylum-seekers: While taking into consideration the State party’s clarification that unaccompanied children asylum-seekers in the European part of the Kingdom of the Netherlands are placed in detention centres only when there is doubt about their age, the Committee remains concerned at the situation of young asylum-seekers. (Paragraph 9).
The State party should take measures to ensure that when the age of an unaccompanied child is uncertain, verification should be made before placing the child in detention. The State party should pay particular attention to the situation of young asylum-seekers and only use detention as a measure of last resort. The State party should provide adequate housing and education for young returnees awaiting expulsion (CRC/C/15/Add.227, para. 54 (d)).
Juvenile justice: While acknowledging the effort undertaken to provide suitable facility to house juveniles aged 15 and under and the continuous effort carried out by the State party to improve prison conditions in the Netherlands Antilles, the Committee is concerned at:
(a) 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 (Paragraph 11);
(b) The reported lack of educational programmes for juveniles held in prison;
(c) The slow classification process and allocation of cells where prisoners are currently placed regardless of their age, length of sentence or legal status. The State party should take measures:
(a) To urgently ensure that juveniles are separated from adults offenders;
(b) To provide educational and training programmes to help the social reintegration of juveniles;
(c) To undertake prompt action to implement a new classification of inmates and allocation of cells.
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UN Subcommittee on Prevention of Torture
No visits undertaken.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
Signed in 2007, but not yet ratified.
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UN Committee on Enforced Disappearance
(CED/C/NLD/CO/1)
Last reported: 18-19 March 2014
Concluding observations adopted: 10 April 2014
Unaccompanied children: The Committee notes with deep concern that, despite the recommendation issued in 2009 by the Committee on the Rights of the Child on the need to prevent disappearances of unaccompanied children from asylum reception centres, additional reports show that in 2011 a large number of children left publicly-run reception centres without a trace (arts. 12 and 25). (paragraph 36)
While recognising the State party’s current provisions concerning removal of minors, the Committee considers that none of these provisions specifically reflect the situations set out in article 25, paragraph 1, of the Convention.
The Committee recommends that the State party incorporate in its criminal legislation specific offences as described in article 25, paragraph 1, of the Convention. The Committee also urges the State party to thoroughly investigate the disappearances of unaccompanied children from asylum reception centres and to search for and identify those children, who may have been the victims of enforced disappearance, in conformity with article 25, paragraph 2, of the Convention.
Adoption: The Committee is concerned at information regarding cases of illegal adoptions and the absence of specific procedures for the review and, where appropriate, the annulment of adoptions or placements that originated in an enforced disappearance (art. 25). (paragraph 38)
The Committee encourages the State party to consider establishing specific procedures for the review and, where appropriate, annulment of adoptions or placements that originated in an enforced disappearance whilst ensuring the best interests of the child. (paragraph 39).