儿童权利委员会审议荷兰的报告（部分翻译）

儿童权利委员会

2015年5月27日

儿童权利委员会今天审议了荷兰关于落实《儿童权利公约》规定的第四次定期报告和落实儿童卷入武装冲突任择议定书规定的初次报告。

圣马丁岛教育、文化、青年与体育部部长瑞塔·伯恩内-甘穆斯（Rita Bourne-Gumbs）在开场致辞中表示，在2010年的宪法改革后，荷兰王国目前由四个国家组成：荷兰（包括欧洲和加勒比部分），阿鲁巴，库拉索和圣马丁，各国在王国中地位平等且负责自身内部事务。

卫生、福利和体育部负责公共卫生的总干事安琪莉·伯格（Angelique Berg）在介绍荷兰的报告时表示，2015年的青年法案将青少年护理，儿童保护和青少年缓刑的责任划归市政府。这确保能够更早地发现问题，并使进入教养院和遭到虐待的儿童数量减少。该国约有11.9万儿童是遭到虐待和忽视的受害者，这也是为什么要将减少虐待儿童现象列为与保护儿童免受性暴力和虐待同等重要的优先事宜。

社会事务、青年和劳工部部长保罗德里克·克洛斯（Pauldrick Croes）在介绍阿鲁巴的报告时指出，该国已向议会提交了一项有关青年问题的全面政策计划，其中重点关注对儿童发展至关重要的领域，包括家庭与学校环境，闲暇时间和青年参与等。2014年重新设立的国家儿童权利委员会旨在为协调和监督公约的落实带来新的动力。

社会发展、劳工和福利部部长鲁斯米尔达·拉莫尼-塞西莉亚（Ruthmilda Larmonie-Cecilia）在介绍库拉索的报告时表示，2014年的青年行动计划旨在制订一项与青年相关的全面方法，并与非政府组织和青年合作制订基于证据的政策、方案和项目。

伯恩内-甘穆斯女士表示，圣马丁单独设立了一个负责青年事务的部门作为制订与儿童和青年事务相关的主导机构。对《民法典》第一部的修正案旨在通过确立非婚生子与婚生子女同等地位来预防歧视，而体罚行为也被法律所禁止。

关于2015年1月1日开始的权力下放举措，委员会专家指出，该过程在一些国家中导致了社区和宗教间的差距扩大，并询问了向市政府划拨足够财政资源的保障，它们提供持续服务的能力，为儿童提供优质医疗保健的影响，适当待遇的保障以及荷兰是否计划引入确保各地区间没有差距的平等标准。专家们承认了荷兰在解决虐待儿童和暴力侵害儿童方面的努力，包括通过“儿童安全”行动计划，并对该计划直至最近才取得重大成就，以及目击暴力和虐待行为的儿童几乎未获得任何援助和支持表示关切。代表团被问及旨在保护和康复人口贩运受害儿童，防范和惩处广泛的暴力侵害儿童问题以及警察和检方应对性旅游业的行动。专家们对加勒比海地区广泛存在的家庭暴力问题，未能在王国内禁止体罚，以及将成人法律用于少年犯等问题表示关切，并敦促缔约国审议有关家庭团聚的政策并确保其考虑到儿童的最佳利益，另外还要审议关于驱回无人陪护儿童的政策。

在关于落实儿童卷入武装冲突任择议定书的讨论中，委员会专家指出，武装团体招募成员已被定罪，但刑法中并未具体提及禁止非国家武装团体招募18岁以下儿童的问题。委员会对曾是童军或在武装冲突中被使用的寻求庇护儿童在该国缺乏保护、恢复和康复深表关切。

担任荷兰国别报告员的委员会专家奥尔加·哈佐娃（Olga Khazova）在总结发言中表示，虽然已取得一些进展，荷兰儿童处境仍有改善的空间，委员会想要提出的一项结论性意见与权利下放政策相关，并希望新的系统的确能满足儿童的最佳利益。

伯恩内-甘穆斯女士在总结发言中对委员会表示感谢，并指出荷兰王国将进一步考虑确保儿童全面参与和融入的问题。

荷兰王国代表团包括来自四个国家的代表，分别是：荷兰，圣马丁，库拉索和阿鲁巴，以及荷兰王国常驻联合国日内瓦办事处的代表。

代表荷兰的有卫生、福利和体育部，安全和司法部，内政和王国关系部以及外交部。代表圣马丁的有教育、文化、青年与体育部，监护法庭和外务局。代表库拉索的有社会发展、劳工和福利部，卫生、自然和环境部以及司法部。代表阿鲁巴的有社会事务、青年和劳工部以及外务司。

委员会将于5月28日星期四上午10点再次召开公开会议，届时将审议以色列在儿童卷入武装冲突任择议定书下的初次报告（CRC/C/OPSC/ISR/1）。

报告

点此查看荷兰在《儿童权利公约》下的第四次定期报告：CRC/C/NLD/4，及其在儿童卷入武装冲突任择议定书下的初次报告：CRC/C/OPAC/NLD/1。

Presentation of the Reports

RITA BOURNE-GUMBS, Minster of Education, Culture, Youth and Sports of Sint Maarten, in her opening remarks, said that, following constitutional reforms, the country of the Netherlands Antilles, which had consisted of the islands of Curaçao, St Maarten, Bonaire, St Eustatius and Saba had been dissolved on 10 October 2010. The Kingdom of the Netherlands now constituted of four countries: the Netherlands (which had a European and a Caribbean part), Aruba, Curaçao and St Maarten. The four countries had equal status within the Kingdom, and each was, to a large degree, responsible for its own internal affairs.

ANGELIQUE BERG, Director General for Public Health, Ministry of Health, Welfare and Sports, introducing the report for the country of the Netherlands, agreed with the Committee that children must be able to grow up safely and in good health, develop their talents and participate in the society according to their abilities. For several years now, the United Nations Children Fund’s reports showed that the Dutch children were the happiest in the world. A Children’s Ombudsman had been appointed and the new Youth Act had taken effect on 1 January 2015, which placed youth care, child protection and youth probation under the responsibility of municipalities. This ensured that problems were identified sooner, fewer children were taken into care and the number of victims of child abuse declined. Reducing child abuse was one of key priorities in the Netherlands and it was extremely important to identify the children victims of abuse or at risk of abuse. Approximately 119,000 children in the country were victims of child abuse and neglect. Robust, well-trained, dedicated police units and prosecutors safeguarding children from sexual violence and abuse were achieving results: 560 cases had been referred for prosecution by the police in 2014 alone, and more victims than ever before had been identified in 2014.

PAULDRICK CROES, Minister of Social Affairs, Youth and Labour of Aruba, said that approximately 25,000 children lived in Aruba, representing 21 per cent of the population. The Government presented to the Parliament a comprehensive policy plan for the youth entitled Generation of Leaders, which focused on the areas identified as essential for the development of the child, including family and school setting, leisure time, and youth participation. The policy was based on the United Nations Children Fund’s human rights based analysis on the situation of children and youth in Aruba. In November 2013, the responsibility for youth policy had been assigned to the Ministry of Social Affairs, Youth and Labour, and in October 2014 the National Children’s Rights Committee had been reinstalled, with the aim of giving a fresh impulse to the coordination and monitoring of the implementation of the Convention. A Kingdom-wide task force to promote cooperation in the field of children’s rights had been set up.

RUTHMILDA LARMONIE-CECILIA, Minister of Social Development, Labour and Welfare of Curaçao, said that even though the process for establishing a new country within the Kingdom had been long and complicated, Curaçao was now in a position to implement the policies and structural changes necessary to continue to safeguard the rights of its children. In 2012, the maternity leave act had been amended to conform to international standards, while the 2014 National Youth Action Plan aimed at developing a comprehensive approach towards the youth and elaborating evidence-based policies, programmes and projects in cooperation with non-governmental organizations and young people. Reducing unemployment among youth was a priority within this approach.

RITA BOURNE-GUMBS, Minster of Education, Culture, Youth and Sports of Sint Maarten, said that a separate department for Youth Affairs had been established as the leading structure to facilitate the formation of legislation and policies regarding children and youth affairs. The Government had established the crisis and transition home assisting child victims and a correctional institution for youth which had reintegration as its objective. The amendment to Book 1 of the Civil Code had brought into effect the declaration of paternity and prevented discrimination of children by equating the position of those born out of wedlock with that of legitimate children. Other major steps towards the protection of children included the setting up of the Central Reporting Centre for Child Abuse and the prohibition of corporal punishment in the law.

Questions by the Committee Experts

GEHAD MADI, Committee Expert and Country Rapporteur, welcomed the establishment of the Children’s Ombudsman and the ratification of several human rights treaties, and expressed concern about the continuation of the Netherlands’s reservations on articles 26, 37(c) and 40 of the Convention. With regard to the process of decentralization, the Country Rapporteur asked about progress achieved so far and expressed concern about the impact of budgetary reforms on the situation of low income families with children. Who was responsible before this Committee for the implementation of the Convention and its Optional Protocols in the other three countries – Aruba, Curaçao and St Maarten? The Netherlands had published its first National Human Rights Action Plan in December 2014 and the Kingdom-wide Action Plan on Children in November 2013; what measures were being taken to implement, monitor and assess their implementation? Mr. Madi expressed concern about the low level of knowledge about the Convention in the country, and while welcoming the study on Dutch businesses on human rights, voiced concern about the impact of the operation of Dutch companies abroad on the rights of children, including on indigenous children, and children affected by oil extraction businesses. With regard to non-discrimination, the delegation was asked about measures taken to protect lesbian, gay, bisexual, transgender and intersex children and about the status of the Bill to tackle bullying in schools presented to Parliament earlier this year.

PETER GURÁN, Committee Expert and Country Rapporteur, expressed concerns about decentralization, because in some countries this process led to growing disparities between communities and regions. He asked how the transfer of adequate financial resources to communities was guaranteed, about their capacity of human resources for continuity of service, and if the Netherlands planned to introduce equality standards to ensure that there was no disparity between regions. Mr. Guran welcomed the establishment of the Children’s Ombudsman, and asked the delegation to inform about the structure and composition of the institution and the complaint receiving mechanism and its accessibility to the children of the whole of the Kingdom of the Netherlands. What were the reasons behind the postponement of the ratification of the Optional Protocol to the Convention on a communication procedure?

OLGA KHAZOVA, Committee Expert and Country Rapporteur, recognized the efforts to address the abuse of children and violence against children, including the adoption of the Action Plan “Children Safe” and the establishment of the task force for its implementation, and expressed concern that until recently no significant results had been achieved, including in the reduction in child abuse. The Committee Expert was concerned about the lack of assistance to children witnessing violence and abuse, considering that in four major cities in the Netherlands, 60 per cent of children who had witnessed domestic violence had not received any help and a third developed post-traumatic stress disorder. The delegation was asked to elaborate on violence against children, including sexual violence, in child care institutions, and on the measures taken to address the scary phenomenon of “Loverboys”. In the Caribbean regions, domestic violence was widespread and was considered almost to be a norm, and there seemed to be no structural and coordination system for the organizations working in this area. In some countries of the Kingdom, corporal punishment was often not interpreted as child abuse or violence, and Ms. Khazova stressed the importance of ensuring its prohibition in the law. Other issues of concern were baby-boxes, and euthanasia: a child aged 12 could apply for this “very final solution”, but there was a concern about the child’s proper understanding of what death actually meant.

Other Experts asked about measures in place to prevent unnecessary surgeries on intersex children and about the action, including police and prosecutorial, to address sex tourism.

Replies by the Delegation

Decisions to maintain reservations on the Convention were not easy, said the delegation, explaining that, concerning the reservation on article 26, the Netherlands maintained that its social protection system in the country was very well developed. On the reservation on article 37, the delegation said that suspects under the age of 18 were treated under the juvenile justice system and that all juveniles were tried by children’s judges; the Netherlands found that having the possibility to very rarely try juveniles under adult law allowed it to best implement the provisions of the Convention. With regard to reservations on article 40, the delegation said that minor offences handled by the minor district court could be tried without legal assistance, for example for riding a bike on the pavement. If a child requested a lawyer, it was provided.

With regard to the ratification of the Optional Protocol to the Convention on a communication procedure, the delegation said that the Kingdom of the Netherlands had accepted the complaint mechanisms for five of the seven major human rights instruments, and was currently studying the impact on the legislation of the acceptance of individual complaint mechanisms under the International Covenant on Economic, Social and Cultural Rights and under the Convention on the Right of the Child.

On decentralization, the delegation stressed that the former child protection system was very fragmented and involved many professionals who did not necessarily coordinate with each other; the new Youth Act would address those problems, make the system more efficient and ensure early interventions. The system would become cheaper as well and that was because there was a cut in the budget transferred to the municipalities. Direct responsibility for youth care was now in the hands of municipalities, but the Government of the Kingdom held the overall system responsibility. A number of legal safeguards had been built in to ensure that the system functioned effectively, including the legal obligations of municipalities to provide quality, available and accessible care. If municipalities failed to fulfil their obligations, a system of law enforcement was put in motion, and the central Government took over from the municipality in question.

The law also stipulated the quality requirement of care: professionals in the system must have required qualifications, it must be clear how they maintained their expertise and competence, and the work must be properly allocated. The Inspectorate of Youth Care was in place and was mandated to check on individual care, as well as on the working together of all organizations around families. The Ministry was financing research, monitoring development of the system, and had undertaken in-depth studies to check the quality of care and the functioning of the system. The implementation of the Youth Act would be evaluated in three years.

The Action Plan “Children Safe” adopted in 2012 contained four key activities to prevent, identify, hold and minimize consequences of child abuse, and aimed to identify child abuse and neglect at an early stage, provide necessary support and assistance to victims and support parents in preventing abuse and neglect. Since January 2015, municipalities had formed social district teams which were crucial in supporting families with minor problems and for early intervention. There was a pilot project on developing and identifying best practices in breaking bottlenecks in the proper identification and treatment of child abuse, which would be shared with other municipalities in the future.

The four countries were responsible for the implementation of international treaties in general, but the Kingdom also had the responsibility to act if one of the countries failed to implement.

In Aruba, child abuse and neglect were high on the Government’s agenda, where the implementation of the integral youth policy should encourage information sharing and cooperation between the relevant departments and partnership with non-governmental organizations. Awareness was an important instrument in the prevention of child abuse and a campaign called Stop Now had been put in place to increase the societal awareness about acknowledging and identifying the phenomenon. The establishment and strengthening of the Central Bureau of Registration of Child Abuse was also an important step. The Youth Monitor was a first policy tool to keep the interested community informed about the situation of children in Aruba, and the Government supported the initiative to establish the institution of Ombudsman and Children’s Ombudsman. Corporal punishment in schools was prohibited by law, and the Government was working on the amendment of the Civil Code to also prohibit corporal punishment at home.

Curaçao did not have a national system for collecting and analyzing data on children’s rights, but there was good cooperation between bodies involved in data collection; a national youth action plan would provide for data collection in the future. An independent mechanism for monitoring children’s rights was essential and there was a proposition to establish a Children’s Ombudsman; in the meantime, the Office of the Ombudsman took cases concerning children’s rights. The Council of Ministers had approved the national plan to combat domestic violence and child abuse and would also allocate a special budget for its execution. In 2012, corporal punishment had been prohibited in schools, and a number of programmes were in place to teach parents better parenting skills.

Sint Maarten was establishing the Action Plan Children Rights, and had set up a Children’s Committee for its implementation. The Civil Code had been amended and a Centre for Registration of Child Abuse had been set up, while in January 2014, an Inter-Ministerial Working Group had been established to draft national protocol for child abuse.

Questions by the Committee Experts

PETER GURÁN, Committee Expert and Country Rapporteur, asked why the Family Law set the age of a child to be heard in private proceedings at the age of 12, and said that the law did not fully implement the spirit of the Convention. Mr. Gurán asked the delegation to explain the working of judges and the process of appointment of guardians in the family procedure process. The number of children in the Netherlands was decreasing, and it was estimated that by 2020 there would be 140,000 children less in primary school. What strategy was in place to ensure accessibility to quality primary schools in the future?

OLGA KHAZOVA, Committee Expert and Country Rapporteur, asked the delegation to comment on the issue of multiparenting, whereby a child had more than two legal parents. Ms. Khazova was concerned about the impact of decentralization on the quality health care for children, wondered about guarantees for adequate treatment that a child needed, and asked about treatment of children with attention deficit and hyperactivity disorder. Significant progress with regard to health issues had been made in Aruba, but several health problems affected all the countries, including child obesity due to lack of fruits and vegetables and insufficient physical activity, and the high number of teenage pregnancies.

GEHAD MADI, Committee Expert and Country Rapporteur, asked about the actions to protect and rehabilitate children victims of trafficking into the Netherlands. The delegation was asked about actions taken to prevent and criminalize widespread sexual violence against children, whether the possession of child pornography was forbidden by the law, and about the security agenda for 2015-2018. With regard to migrant and asylum seeking children, the Country Rapporteur welcomed the decision of the Netherlands not to stop families with children at ports of entry any longer and urged it to reconsider its eight day procedure. Some 2,500 children remained separated from their parents in the Netherlands. Unaccompanied children were allowed to invite their parents under the family reunification regulations, but not their siblings, which forced the parents to face an inhumane decision of which child to leave behind. Mr. Madi urged the State party to review its policy on family reunification and ensure it contained the best interest of the child, and also review the policy of refoulement of unaccompanied children. Adult law must not apply to juvenile offenders, stressed the Country Rapporter and noted the lengthy period of detention of juveniles, lack of separation from adults in detention facilities, and lack of systematic legal assistance. It was of great concern that the law still did not criminalize the sale of children, and that children aged 14 and above were considered as physically mature and therefore not a priority for investigation.

Replies by the Delegation

It was true that each country was responsible for the implementation of the Convention, but it was important to stress that the countries were bound together by the Constitution and the Kingdom worked together to implement its provisions.

Teenage pregnancies in St Maarten were on the increase during the period 2010-2014 and the programmes which were currently in place, such as Girl Power, provided information to teenagers, and there were information campaigns on sexual safety and free distribution of condoms. In order to tackle child obesity, the Government encouraged psychical activity, healthy meals and provided subsidies to sports foundations for greater involvement of youth.

Participation and involvement of children in policy making was important; matters were discussed with Children’s Councils, which were also supported financially, and there was dialogue and cooperation with child rights organizations, such as the United Nations Children’s Fund. There was room for improvement because the participation and involvement of children in policy making was not being done structurally. Children of 12 years and older must be invited by courts to be heard in family law procedures, while younger children could be invited; if a child asked to be heard, judges would usually oblige. The appointment of guardians and of a representative of a child was done by the Child Protection Board; the best interest of the child was the guiding principle.

The Netherlands paid great attention to bullying in schools and every two years it published a Safety Monitor, with data on safety in schools and education institutions; a proposal for a law against bullying was currently with Parliament, which obliged all schools to have in place a safety policy, monitor its implementation and appoint a coordinator, who could be the first contact for children and parents. The law was expected to take effect in August 2015. The number of children in school was decreasing, and in May 2015 the Ministry of Education had outlined measures to address this issue, including merging of schools, student exchange programmes and a task force had been set up to look into regions and assist them in solving the problem of access to school.

The Netherland shared the concerns expressed by the Committee concerning overmedication of children, particularly for attention deficit and hyperactivity disorder, and had consulted the Council of Health to that effect. As a result, a programme to reduce the use of medicines for attention deficit and hyperactivity disorder (ADHD) would be put in place, together with providing a chain care model for the affected children. There were efforts to strengthen the support for ADHD children to avoid medication, one of them was to educate parents on how to support their children with this disorder.

Measures to prevent child trafficking were part of the efforts to tackle human trafficking. In order to address the phenomenon of Loverboys, there were education programmes in schools targeting children and teachers, the Ministry of Education had commissioned a social media campaign targeting boys aged 12 and over, and the Centre for Crime Prevention had developed material on Loverboys which was distributed among the children. In 2012, a total of 278 cases of Loverboys had been identified and because of awareness campaigns, it was expected that this number would increase.

In 2014, new border screening procedures for families had been introduced aiming to identify victims of child trafficking. X-rays were being used for age determination; a study into its use had confirmed the technique to be valid and reliable. Concerning the eight day procedure, the Netherlands deemed it important to provide asylum seekers with a speedy response, and the brevity of the procedure did not mean that safeguards were ignored. In 2014, six cases of child sex tourism and child pornography had been investigated. A campaign Don’t Look Away had been launched recently in cooperation with other countries specifically aimed at countries known for sex tourism. The focus of the police on the investigation of child prostitution had shifted in 2014 from downloading the content to making child pornography, and more than 40 per cent of the 560 cases were prosecuted on those grounds.

The Act on Euthanasia contained special provisions for requests for assisted suicide by minors, which mirrored ages of consent for medical procedure. Children aged 12 to 15 years of age could request euthanasia with parental consent, while the 16 and 17 years olds could decide for themselves, with parental involvement.

Questions by the Committee Experts

Committee Experts noted an increase in teen suicide and in alcohol and drug dependencies, and asked about measures and policies to combat the problems. Was there any data available on the prevalence of HIV/AIDS and on children living or working in street situations? Who determined whether or not to try a juvenile older than 16 years of age under adult law?

Another Expert asked about measures to address poverty in the country, including through policies specifically targeting children.

Concerning children with disabilities, a Committee Expert noted the high number of children with disabilities, close to 3,000 who did not attend school, and what was the impact on inclusive education of the August 2014 Tailored Education Law. What would be the impact of decentralization on early diagnosis and treatment of children with disabilities, particularly children with complex and multiple disabilities, and what measures were in place to ensure that children with disabilities did not fall through the cracks?

Replies by the Delegation

The Government of Curaçao was very concerned about the rise in teenage pregnancies and had in place a number of programmes on reproductive health, while sexual education was being added to school curricula. The curriculum also included teaching on healthy lifestyle, healthy eating and housing and physical exercise, in an effort to address child obesity. The new Penal Code came into force in 2011 in Curaçao; since then no juvenile had been tried under adult law.

Questions by the Committee Experts on the Optional Protocol on the Involvement of Children in Armed Conflict

GEHAD MADI, Committee Expert and Country Rapporteur under the Optional Protocol, said that military trainees aged 17 years used live ammunition during training, and asked whether they were subject to military discipline. What was being done to raise awareness about the Optional Protocol on the involvement of children in armed conflict among the children, parents, the public, all professionals working with the children, and within the military and the police? The Criminal Code criminalized the recruitment of people to armed groups, but there was no specific mention of the prohibition of recruitment of children under the age of 18 by non-State armed groups. Were there any cases of Dutch minors who returned to the Netherlands from areas of armed conflict and how the authorities dealt with it? What measures were in place to identify at an early stage children associated with armed groups who arrived as migrants, refugees or asylum-seekers? The Committee was seriously concerned about the lack of protection, recovery, and rehabilitation extended to asylum-seeking children who had been child soldiers or used in armed conflict.

Questions by the Committee Experts on the Optional Protocol on the Involvement of Children in Armed Conflict

Another Committee Expert asked whether there was data available about children used in hostilities abroad and whether there were professionals who helped in identifying children used in hostilities among refugees and asylum-seekers.

Replies by the Delegation

The Law on Inclusive Education ensured that children with disabilities and those in need of early intervention benefitted from the necessary support and were provided with tailored help. The law introduced duty of care for the mainstream school chosen by a child with disability: schools could not turn the child down or if they were unable to provide for the child, they had to make sure that the child was accepted in another school fitted for that child. The effect of the new law would be visible this fall. The law also aimed to reduce the number of children with disabilities not in schools, ensure smooth transition from home to school, provide continuity of care, and assist with transition to employment. Children with multiple severe disabilities needed more care than inclusive education could provide, and were supported with the new Long Term Care Act.

The Government was paying considerable attention to the issue of violence in child care homes and institutions, spurred by the publishing of the Samson Commission report in 2012 which investigated abuse and sexual violence against children in institutions from 1945 to 2010; the Government had issued apologies to the victims and paid out compensation. The municipalities were responsible for ensuring that care was provided, but did not need to provide it themselves; they could hire specialized organizations which existed at regional levels.

Combatting child poverty was one of the priorities and could be addressed by improving the financial situations of single parent families; research showed that it was more beneficial to work than to receive benefits. A number of municipalities were introducing a Child Care Package, which contained vouchers for clothing or swimming lessons. Insufficient participation in the society was a risk for children living in poverty, which prevented them from fully developing their talents. Drug and substance abuse by youth was taken seriously. The minimum age for alcohol consumption had been raised from 16 to 18 years of age, and it was forbidden to sell alcohol to children under the age of 18. There were also efforts to change societal perceptions among the youth to demonstrate that it was not appropriate to drink, smoke or use drugs before the age of 18. The municipalities were responsible for providing shelter and social support for homeless young people. The majority of homeless persons were over the age of 18 and they were accommodated in emergency accommodation.

Participation in armed conflict was an offence under the Criminal Code, and it was an offence to recruit people to participate in a violent conflict or war. The code also prohibited the recruitment of children, both Dutch and foreigners, by State and non-State actors. A number of child protection orders could be used for Dutch children participating in armed conflict, from family supervision order to custodial placement in an institute to placement in custody, if considered urgent and necessary by the court.

Concluding Remarks

OLGA KHAZOVA, Committee Expert and Country Rapporteur, said that despite the progress, there was still room for improvement in the situation of children in the Netherlands, and that one of the concluding observations the Committee would be making would refer to decentralization with the hope that the new system would indeed work for the best interest of the child. It was encouraging to learn about many positive programmes in the Caribbean countries and municipalities addressing violence against children and domestic violence, and a healthy lifestyle. Finally, the Committee hoped that the Government would positively consider the ratification of the Optional Protocol to the Convention on a communication procedure.

RITA BOURNE-GUMBS, Minster of Education, Culture, Youth and Sports of Sint Maarten, said that the Kingdom of the Netherlands would give further thought on how to ensure the participation and involvement of children in a systematic manner. The Kingdom looked forward to receiving the concluding observations and reiterated its commitment to the rights of the child.

BENYAM DAWIT MEZMUR, Committee Vice-Chairperson, expressed hope that the Kingdom of the Netherlands would give due attention to the Committee’s concluding observations.

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Committee on the Rights of the Child

27 May 2015

The Committee on the Rights of the Child today considered the fourth periodic report of the Netherlands on its implementation of the provisions of the Convention on the Rights of the Child and its initial report under the Optional Protocol on the involvement of children in armed conflict.

Rita Bourne-Gumbs, Minster of Education, Culture, Youth and Sports of Sint Maarten, in her opening remarks, said that following the 2010 constitutional reforms, the Kingdom of the Netherlands now constituted of four countries: the Netherlands (which had a European and a Caribbean part), Aruba, Curaçao and St Maarten, which had equal status within the Kingdom, and each was responsible for its own internal affairs.

Angelique Berg, Director General for Public Health, Ministry of Health, Welfare and Sports, introducing the report of the Netherlands, said that the 2015 Youth Act placed youth care, child protection and youth probation under the responsibility of municipalities. This ensured that problems were identified sooner, fewer children were taken into care and the number of victims of child abuse declined. Approximately 119,000 children in the country were victims of child abuse and neglect, and that was why reducing child abuse was one of the key priorities, as was safeguarding children from sexual violence and abuse.

Pauldrick Croes, Minister of Social Affairs, Youth and Labour, introducing the report of Aruba, said that a comprehensive policy plan for youth had been presented to Parliament, which focused on the areas essential for the development of the child, including family and school setting, leisure time, and youth participation. In 2014, the National Children’s Rights Committee had been reinstalled with the aim of giving a fresh impulse to the coordination and monitoring of the implementation of the Convention.

Introducing the report of Curaçao, Ruthmilda Larmonie-Cecilia, Minister of Social Development, Labour and Welfare, said that its 2014 Youth Action Plan aimed at developing a comprehensive approach towards youth and elaborating evidence-based policies, programmes and projects in cooperation with non-governmental organizations and young people.

Ms. Bourne-Gumbs said that in Sint Maarten, a separate department for Youth Affairs had been established as the leading structure to facilitate the formation of legislation and policies regarding children and youth affairs. The amendment to Book 1 of the Civil Code prevented discrimination of children by equating the position of those born out of wedlock with that of legitimate children, while corporal punishment was prohibited in the law.

With regard to decentralization which had started on 1 January 2015, Committee Experts noted that in some countries this process had led to growing disparities between communities and regions, and asked about guarantees for the transfer of adequate financial resources to municipalities, their capacity to deliver continuity of service, the impact on quality health care for children and guarantees for adequate treatment and if the Netherlands planned to introduce equality standards to ensure that there was no disparity between regions. Experts recognized efforts to address the abuse of children and violence against children, including the adoption of the Action Plan “Children Safe”, and expressed concern that until recently no significant results had been achieved and that children witnessing violence and abuse received very little assistance and support. The delegation was asked about measures in place to protect and rehabilitate children victims of trafficking and to prevent and criminalize widespread sexual violence against children, and about actions - police and prosecutorial - to address sex tourism. Experts raised concerns about domestic violence which was widespread in the Caribbean region, failure to prohibit corporal punishment throughout the Kingdom, and the application of adult law to juvenile offenders, and urged the State party to review its policy on family reunification and ensure it contained the best interest of the child, and also review the policy of refoulement of unaccompanied children.

In the discussion on the implementation of the Optional Protocol on the involvement of children in armed conflict, Committee Experts noted that the recruitment of people to armed groups was criminalised, but there was no specific mention of the prohibition of recruitment of children under the age of 18 by non-State armed groups in the Criminal Code. The Committee was seriously concerned about the lack of protection, recovery and rehabilitation of asylum-seeking children who had been child soldiers or used in armed conflict.

Olga Khazova, Committee Expert and Country Rapporteur, said in her closing remarks that despite the progress, there was still room for improvement in the situation of children in the Netherlands, and that one of the concluding observations the Committee would be making would refer to decentralization with the hope that the new system would indeed work for the best interest of the child.

In her concluding remarks, Ms. Bourne-Gumbs thanked the Committee and said that the Kingdom of the Netherlands would give further thought to ensuring participation and involvement of children in a systematic manner.

The delegation of the Kingdom of the Netherlands was composed of representatives of the four countries: the Netherlands, Sint Maarten, Curaçao and Aruba, and representatives of the Permanent Mission of the Kingdom of the Netherlands to the United Nations Office at Geneva.

The Netherlands was represented by the Ministry of Health, Welfare and Sports, Ministry of Security and Justice, Ministry of Interior and Kingdom Relations, and Ministry of Foreign Affairs. Sint Maarten was represented by the Ministry of Education, Culture, Youth and Sports, Court of Guardianship and Directorate of Foreign Affairs. Representatives of Curaçao included the Ministry of Social Development, Labour and Welfare, Ministry of Health, Nature and Environment, and Ministry of Justice, and Aruba was represented by the Ministry of Social Affairs, Youth and Labour and the Department of Foreign Affairs.

The Committee will next meet in public at 10 a.m. on Thursday, 28 May to consider the initial report of Israel under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPSC/ISR/1).

Reports

The fourth periodic report of the Netherlands under the Convention on the Rights of the Child is available here: (CRC/C/NLD/4), and its initial report under the Optional Protocol on the involvement of children in armed conflict here: (CRC/C/OPAC/NLD/1).

Presentation of the Reports

RITA BOURNE-GUMBS, Minster of Education, Culture, Youth and Sports of Sint Maarten, in her opening remarks, said that, following constitutional reforms, the country of the Netherlands Antilles, which had consisted of the islands of Curaçao, St Maarten, Bonaire, St Eustatius and Saba had been dissolved on 10 October 2010. The Kingdom of the Netherlands now constituted of four countries: the Netherlands (which had a European and a Caribbean part), Aruba, Curaçao and St Maarten. The four countries had equal status within the Kingdom, and each was, to a large degree, responsible for its own internal affairs.

ANGELIQUE BERG, Director General for Public Health, Ministry of Health, Welfare and Sports, introducing the report for the country of the Netherlands, agreed with the Committee that children must be able to grow up safely and in good health, develop their talents and participate in the society according to their abilities. For several years now, the United Nations Children Fund’s reports showed that the Dutch children were the happiest in the world. A Children’s Ombudsman had been appointed and the new Youth Act had taken effect on 1 January 2015, which placed youth care, child protection and youth probation under the responsibility of municipalities. This ensured that problems were identified sooner, fewer children were taken into care and the number of victims of child abuse declined. Reducing child abuse was one of key priorities in the Netherlands and it was extremely important to identify the children victims of abuse or at risk of abuse. Approximately 119,000 children in the country were victims of child abuse and neglect. Robust, well-trained, dedicated police units and prosecutors safeguarding children from sexual violence and abuse were achieving results: 560 cases had been referred for prosecution by the police in 2014 alone, and more victims than ever before had been identified in 2014.

PAULDRICK CROES, Minister of Social Affairs, Youth and Labour of Aruba, said that approximately 25,000 children lived in Aruba, representing 21 per cent of the population. The Government presented to the Parliament a comprehensive policy plan for the youth entitled Generation of Leaders, which focused on the areas identified as essential for the development of the child, including family and school setting, leisure time, and youth participation. The policy was based on the United Nations Children Fund’s human rights based analysis on the situation of children and youth in Aruba. In November 2013, the responsibility for youth policy had been assigned to the Ministry of Social Affairs, Youth and Labour, and in October 2014 the National Children’s Rights Committee had been reinstalled, with the aim of giving a fresh impulse to the coordination and monitoring of the implementation of the Convention. A Kingdom-wide task force to promote cooperation in the field of children’s rights had been set up.

RUTHMILDA LARMONIE-CECILIA, Minister of Social Development, Labour and Welfare of Curaçao, said that even though the process for establishing a new country within the Kingdom had been long and complicated, Curaçao was now in a position to implement the policies and structural changes necessary to continue to safeguard the rights of its children. In 2012, the maternity leave act had been amended to conform to international standards, while the 2014 National Youth Action Plan aimed at developing a comprehensive approach towards the youth and elaborating evidence-based policies, programmes and projects in cooperation with non-governmental organizations and young people. Reducing unemployment among youth was a priority within this approach.

RITA BOURNE-GUMBS, Minster of Education, Culture, Youth and Sports of Sint Maarten, said that a separate department for Youth Affairs had been established as the leading structure to facilitate the formation of legislation and policies regarding children and youth affairs. The Government had established the crisis and transition home assisting child victims and a correctional institution for youth which had reintegration as its objective. The amendment to Book 1 of the Civil Code had brought into effect the declaration of paternity and prevented discrimination of children by equating the position of those born out of wedlock with that of legitimate children. Other major steps towards the protection of children included the setting up of the Central Reporting Centre for Child Abuse and the prohibition of corporal punishment in the law.

Questions by the Committee Experts

GEHAD MADI, Committee Expert and Country Rapporteur, welcomed the establishment of the Children’s Ombudsman and the ratification of several human rights treaties, and expressed concern about the continuation of the Netherlands’s reservations on articles 26, 37(c) and 40 of the Convention. With regard to the process of decentralization, the Country Rapporteur asked about progress achieved so far and expressed concern about the impact of budgetary reforms on the situation of low income families with children. Who was responsible before this Committee for the implementation of the Convention and its Optional Protocols in the other three countries – Aruba, Curaçao and St Maarten? The Netherlands had published its first National Human Rights Action Plan in December 2014 and the Kingdom-wide Action Plan on Children in November 2013; what measures were being taken to implement, monitor and assess their implementation? Mr. Madi expressed concern about the low level of knowledge about the Convention in the country, and while welcoming the study on Dutch businesses on human rights, voiced concern about the impact of the operation of Dutch companies abroad on the rights of children, including on indigenous children, and children affected by oil extraction businesses. With regard to non-discrimination, the delegation was asked about measures taken to protect lesbian, gay, bisexual, transgender and intersex children and about the status of the Bill to tackle bullying in schools presented to Parliament earlier this year.

PETER GURÁN, Committee Expert and Country Rapporteur, expressed concerns about decentralization, because in some countries this process led to growing disparities between communities and regions. He asked how the transfer of adequate financial resources to communities was guaranteed, about their capacity of human resources for continuity of service, and if the Netherlands planned to introduce equality standards to ensure that there was no disparity between regions. Mr. Guran welcomed the establishment of the Children’s Ombudsman, and asked the delegation to inform about the structure and composition of the institution and the complaint receiving mechanism and its accessibility to the children of the whole of the Kingdom of the Netherlands. What were the reasons behind the postponement of the ratification of the Optional Protocol to the Convention on a communication procedure?

OLGA KHAZOVA, Committee Expert and Country Rapporteur, recognized the efforts to address the abuse of children and violence against children, including the adoption of the Action Plan “Children Safe” and the establishment of the task force for its implementation, and expressed concern that until recently no significant results had been achieved, including in the reduction in child abuse. The Committee Expert was concerned about the lack of assistance to children witnessing violence and abuse, considering that in four major cities in the Netherlands, 60 per cent of children who had witnessed domestic violence had not received any help and a third developed post-traumatic stress disorder. The delegation was asked to elaborate on violence against children, including sexual violence, in child care institutions, and on the measures taken to address the scary phenomenon of “Loverboys”. In the Caribbean regions, domestic violence was widespread and was considered almost to be a norm, and there seemed to be no structural and coordination system for the organizations working in this area. In some countries of the Kingdom, corporal punishment was often not interpreted as child abuse or violence, and Ms. Khazova stressed the importance of ensuring its prohibition in the law. Other issues of concern were baby-boxes, and euthanasia: a child aged 12 could apply for this “very final solution”, but there was a concern about the child’s proper understanding of what death actually meant.

Other Experts asked about measures in place to prevent unnecessary surgeries on intersex children and about the action, including police and prosecutorial, to address sex tourism.

Replies by the Delegation

Decisions to maintain reservations on the Convention were not easy, said the delegation, explaining that, concerning the reservation on article 26, the Netherlands maintained that its social protection system in the country was very well developed. On the reservation on article 37, the delegation said that suspects under the age of 18 were treated under the juvenile justice system and that all juveniles were tried by children’s judges; the Netherlands found that having the possibility to very rarely try juveniles under adult law allowed it to best implement the provisions of the Convention. With regard to reservations on article 40, the delegation said that minor offences handled by the minor district court could be tried without legal assistance, for example for riding a bike on the pavement. If a child requested a lawyer, it was provided.

With regard to the ratification of the Optional Protocol to the Convention on a communication procedure, the delegation said that the Kingdom of the Netherlands had accepted the complaint mechanisms for five of the seven major human rights instruments, and was currently studying the impact on the legislation of the acceptance of individual complaint mechanisms under the International Covenant on Economic, Social and Cultural Rights and under the Convention on the Right of the Child.

On decentralization, the delegation stressed that the former child protection system was very fragmented and involved many professionals who did not necessarily coordinate with each other; the new Youth Act would address those problems, make the system more efficient and ensure early interventions. The system would become cheaper as well and that was because there was a cut in the budget transferred to the municipalities. Direct responsibility for youth care was now in the hands of municipalities, but the Government of the Kingdom held the overall system responsibility. A number of legal safeguards had been built in to ensure that the system functioned effectively, including the legal obligations of municipalities to provide quality, available and accessible care. If municipalities failed to fulfil their obligations, a system of law enforcement was put in motion, and the central Government took over from the municipality in question.

The law also stipulated the quality requirement of care: professionals in the system must have required qualifications, it must be clear how they maintained their expertise and competence, and the work must be properly allocated. The Inspectorate of Youth Care was in place and was mandated to check on individual care, as well as on the working together of all organizations around families. The Ministry was financing research, monitoring development of the system, and had undertaken in-depth studies to check the quality of care and the functioning of the system. The implementation of the Youth Act would be evaluated in three years.

The Action Plan “Children Safe” adopted in 2012 contained four key activities to prevent, identify, hold and minimize consequences of child abuse, and aimed to identify child abuse and neglect at an early stage, provide necessary support and assistance to victims and support parents in preventing abuse and neglect. Since January 2015, municipalities had formed social district teams which were crucial in supporting families with minor problems and for early intervention. There was a pilot project on developing and identifying best practices in breaking bottlenecks in the proper identification and treatment of child abuse, which would be shared with other municipalities in the future.

The four countries were responsible for the implementation of international treaties in general, but the Kingdom also had the responsibility to act if one of the countries failed to implement.

In Aruba, child abuse and neglect were high on the Government’s agenda, where the implementation of the integral youth policy should encourage information sharing and cooperation between the relevant departments and partnership with non-governmental organizations. Awareness was an important instrument in the prevention of child abuse and a campaign called Stop Now had been put in place to increase the societal awareness about acknowledging and identifying the phenomenon. The establishment and strengthening of the Central Bureau of Registration of Child Abuse was also an important step. The Youth Monitor was a first policy tool to keep the interested community informed about the situation of children in Aruba, and the Government supported the initiative to establish the institution of Ombudsman and Children’s Ombudsman. Corporal punishment in schools was prohibited by law, and the Government was working on the amendment of the Civil Code to also prohibit corporal punishment at home.

Curaçao did not have a national system for collecting and analyzing data on children’s rights, but there was good cooperation between bodies involved in data collection; a national youth action plan would provide for data collection in the future. An independent mechanism for monitoring children’s rights was essential and there was a proposition to establish a Children’s Ombudsman; in the meantime, the Office of the Ombudsman took cases concerning children’s rights. The Council of Ministers had approved the national plan to combat domestic violence and child abuse and would also allocate a special budget for its execution. In 2012, corporal punishment had been prohibited in schools, and a number of programmes were in place to teach parents better parenting skills.

Sint Maarten was establishing the Action Plan Children Rights, and had set up a Children’s Committee for its implementation. The Civil Code had been amended and a Centre for Registration of Child Abuse had been set up, while in January 2014, an Inter-Ministerial Working Group had been established to draft national protocol for child abuse.

Questions by the Committee Experts

PETER GURÁN, Committee Expert and Country Rapporteur, asked why the Family Law set the age of a child to be heard in private proceedings at the age of 12, and said that the law did not fully implement the spirit of the Convention. Mr. Gurán asked the delegation to explain the working of judges and the process of appointment of guardians in the family procedure process. The number of children in the Netherlands was decreasing, and it was estimated that by 2020 there would be 140,000 children less in primary school. What strategy was in place to ensure accessibility to quality primary schools in the future?

OLGA KHAZOVA, Committee Expert and Country Rapporteur, asked the delegation to comment on the issue of multiparenting, whereby a child had more than two legal parents. Ms. Khazova was concerned about the impact of decentralization on the quality health care for children, wondered about guarantees for adequate treatment that a child needed, and asked about treatment of children with attention deficit and hyperactivity disorder. Significant progress with regard to health issues had been made in Aruba, but several health problems affected all the countries, including child obesity due to lack of fruits and vegetables and insufficient physical activity, and the high number of teenage pregnancies.

GEHAD MADI, Committee Expert and Country Rapporteur, asked about the actions to protect and rehabilitate children victims of trafficking into the Netherlands. The delegation was asked about actions taken to prevent and criminalize widespread sexual violence against children, whether the possession of child pornography was forbidden by the law, and about the security agenda for 2015-2018. With regard to migrant and asylum seeking children, the Country Rapporteur welcomed the decision of the Netherlands not to stop families with children at ports of entry any longer and urged it to reconsider its eight day procedure. Some 2,500 children remained separated from their parents in the Netherlands. Unaccompanied children were allowed to invite their parents under the family reunification regulations, but not their siblings, which forced the parents to face an inhumane decision of which child to leave behind. Mr. Madi urged the State party to review its policy on family reunification and ensure it contained the best interest of the child, and also review the policy of refoulement of unaccompanied children. Adult law must not apply to juvenile offenders, stressed the Country Rapporter and noted the lengthy period of detention of juveniles, lack of separation from adults in detention facilities, and lack of systematic legal assistance. It was of great concern that the law still did not criminalize the sale of children, and that children aged 14 and above were considered as physically mature and therefore not a priority for investigation.

Replies by the Delegation

It was true that each country was responsible for the implementation of the Convention, but it was important to stress that the countries were bound together by the Constitution and the Kingdom worked together to implement its provisions.

Teenage pregnancies in St Maarten were on the increase during the period 2010-2014 and the programmes which were currently in place, such as Girl Power, provided information to teenagers, and there were information campaigns on sexual safety and free distribution of condoms. In order to tackle child obesity, the Government encouraged psychical activity, healthy meals and provided subsidies to sports foundations for greater involvement of youth.

Participation and involvement of children in policy making was important; matters were discussed with Children’s Councils, which were also supported financially, and there was dialogue and cooperation with child rights organizations, such as the United Nations Children’s Fund. There was room for improvement because the participation and involvement of children in policy making was not being done structurally. Children of 12 years and older must be invited by courts to be heard in family law procedures, while younger children could be invited; if a child asked to be heard, judges would usually oblige. The appointment of guardians and of a representative of a child was done by the Child Protection Board; the best interest of the child was the guiding principle.

The Netherlands paid great attention to bullying in schools and every two years it published a Safety Monitor, with data on safety in schools and education institutions; a proposal for a law against bullying was currently with Parliament, which obliged all schools to have in place a safety policy, monitor its implementation and appoint a coordinator, who could be the first contact for children and parents. The law was expected to take effect in August 2015. The number of children in school was decreasing, and in May 2015 the Ministry of Education had outlined measures to address this issue, including merging of schools, student exchange programmes and a task force had been set up to look into regions and assist them in solving the problem of access to school.

The Netherland shared the concerns expressed by the Committee concerning overmedication of children, particularly for attention deficit and hyperactivity disorder, and had consulted the Council of Health to that effect. As a result, a programme to reduce the use of medicines for attention deficit and hyperactivity disorder (ADHD) would be put in place, together with providing a chain care model for the affected children. There were efforts to strengthen the support for ADHD children to avoid medication, one of them was to educate parents on how to support their children with this disorder.

Measures to prevent child trafficking were part of the efforts to tackle human trafficking. In order to address the phenomenon of Loverboys, there were education programmes in schools targeting children and teachers, the Ministry of Education had commissioned a social media campaign targeting boys aged 12 and over, and the Centre for Crime Prevention had developed material on Loverboys which was distributed among the children. In 2012, a total of 278 cases of Loverboys had been identified and because of awareness campaigns, it was expected that this number would increase.

In 2014, new border screening procedures for families had been introduced aiming to identify victims of child trafficking. X-rays were being used for age determination; a study into its use had confirmed the technique to be valid and reliable. Concerning the eight day procedure, the Netherlands deemed it important to provide asylum seekers with a speedy response, and the brevity of the procedure did not mean that safeguards were ignored. In 2014, six cases of child sex tourism and child pornography had been investigated. A campaign Don’t Look Away had been launched recently in cooperation with other countries specifically aimed at countries known for sex tourism. The focus of the police on the investigation of child prostitution had shifted in 2014 from downloading the content to making child pornography, and more than 40 per cent of the 560 cases were prosecuted on those grounds.

The Act on Euthanasia contained special provisions for requests for assisted suicide by minors, which mirrored ages of consent for medical procedure. Children aged 12 to 15 years of age could request euthanasia with parental consent, while the 16 and 17 years olds could decide for themselves, with parental involvement.

Questions by the Committee Experts

Committee Experts noted an increase in teen suicide and in alcohol and drug dependencies, and asked about measures and policies to combat the problems. Was there any data available on the prevalence of HIV/AIDS and on children living or working in street situations? Who determined whether or not to try a juvenile older than 16 years of age under adult law?

Another Expert asked about measures to address poverty in the country, including through policies specifically targeting children.

Concerning children with disabilities, a Committee Expert noted the high number of children with disabilities, close to 3,000 who did not attend school, and what was the impact on inclusive education of the August 2014 Tailored Education Law. What would be the impact of decentralization on early diagnosis and treatment of children with disabilities, particularly children with complex and multiple disabilities, and what measures were in place to ensure that children with disabilities did not fall through the cracks?

Replies by the Delegation

The Government of Curaçao was very concerned about the rise in teenage pregnancies and had in place a number of programmes on reproductive health, while sexual education was being added to school curricula. The curriculum also included teaching on healthy lifestyle, healthy eating and housing and physical exercise, in an effort to address child obesity. The new Penal Code came into force in 2011 in Curaçao; since then no juvenile had been tried under adult law.

Questions by the Committee Experts on the Optional Protocol on the Involvement of Children in Armed Conflict

GEHAD MADI, Committee Expert and Country Rapporteur under the Optional Protocol, said that military trainees aged 17 years used live ammunition during training, and asked whether they were subject to military discipline. What was being done to raise awareness about the Optional Protocol on the involvement of children in armed conflict among the children, parents, the public, all professionals working with the children, and within the military and the police? The Criminal Code criminalized the recruitment of people to armed groups, but there was no specific mention of the prohibition of recruitment of children under the age of 18 by non-State armed groups. Were there any cases of Dutch minors who returned to the Netherlands from areas of armed conflict and how the authorities dealt with it? What measures were in place to identify at an early stage children associated with armed groups who arrived as migrants, refugees or asylum-seekers? The Committee was seriously concerned about the lack of protection, recovery, and rehabilitation extended to asylum-seeking children who had been child soldiers or used in armed conflict.

Questions by the Committee Experts on the Optional Protocol on the Involvement of Children in Armed Conflict

Another Committee Expert asked whether there was data available about children used in hostilities abroad and whether there were professionals who helped in identifying children used in hostilities among refugees and asylum-seekers.

Replies by the Delegation

The Law on Inclusive Education ensured that children with disabilities and those in need of early intervention benefitted from the necessary support and were provided with tailored help. The law introduced duty of care for the mainstream school chosen by a child with disability: schools could not turn the child down or if they were unable to provide for the child, they had to make sure that the child was accepted in another school fitted for that child. The effect of the new law would be visible this fall. The law also aimed to reduce the number of children with disabilities not in schools, ensure smooth transition from home to school, provide continuity of care, and assist with transition to employment. Children with multiple severe disabilities needed more care than inclusive education could provide, and were supported with the new Long Term Care Act.

The Government was paying considerable attention to the issue of violence in child care homes and institutions, spurred by the publishing of the Samson Commission report in 2012 which investigated abuse and sexual violence against children in institutions from 1945 to 2010; the Government had issued apologies to the victims and paid out compensation. The municipalities were responsible for ensuring that care was provided, but did not need to provide it themselves; they could hire specialized organizations which existed at regional levels.

Combatting child poverty was one of the priorities and could be addressed by improving the financial situations of single parent families; research showed that it was more beneficial to work than to receive benefits. A number of municipalities were introducing a Child Care Package, which contained vouchers for clothing or swimming lessons. Insufficient participation in the society was a risk for children living in poverty, which prevented them from fully developing their talents. Drug and substance abuse by youth was taken seriously. The minimum age for alcohol consumption had been raised from 16 to 18 years of age, and it was forbidden to sell alcohol to children under the age of 18. There were also efforts to change societal perceptions among the youth to demonstrate that it was not appropriate to drink, smoke or use drugs before the age of 18. The municipalities were responsible for providing shelter and social support for homeless young people. The majority of homeless persons were over the age of 18 and they were accommodated in emergency accommodation.

Participation in armed conflict was an offence under the Criminal Code, and it was an offence to recruit people to participate in a violent conflict or war. The code also prohibited the recruitment of children, both Dutch and foreigners, by State and non-State actors. A number of child protection orders could be used for Dutch children participating in armed conflict, from family supervision order to custodial placement in an institute to placement in custody, if considered urgent and necessary by the court.

Concluding Remarks

OLGA KHAZOVA, Committee Expert and Country Rapporteur, said that despite the progress, there was still room for improvement in the situation of children in the Netherlands, and that one of the concluding observations the Committee would be making would refer to decentralization with the hope that the new system would indeed work for the best interest of the child. It was encouraging to learn about many positive programmes in the Caribbean countries and municipalities addressing violence against children and domestic violence, and a healthy lifestyle. Finally, the Committee hoped that the Government would positively consider the ratification of the Optional Protocol to the Convention on a communication procedure.

RITA BOURNE-GUMBS, Minster of Education, Culture, Youth and Sports of Sint Maarten, said that the Kingdom of the Netherlands would give further thought on how to ensure the participation and involvement of children in a systematic manner. The Kingdom looked forward to receiving the concluding observations and reiterated its commitment to the rights of the child.

BENYAM DAWIT MEZMUR, Committee Vice-Chairperson, expressed hope that the Kingdom of the Netherlands would give due attention to the Committee’s concluding observations.

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