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Netherlands - Second periodic reports of States parties due in 2002: Addendum [2003] UNCRCSPR 12; CRC/C/117/Add.1 (5 June 2003)
UNITED NATIONS
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CRC
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/117/Add.1 5 June 2003
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE
44 OF THE CONVENTION
Second periodic reports of States parties due in 2002
NETHERLANDS*
[6
March 2002]
* For the initial report submitted by the Government of the
Netherlands, see CRC/C/51/Add.1, for its consideration by the Committee,
see
documents CRC/C/SR.578-580 and CRC/C/15/Add.114.
GE.03-42308 (E) 130803
CONTENTS
Paragraphs Page
Introduction 1 - 6 5
I. GENERAL IMPLEMENTATION MEASURES 7 - 15 6
A. Amendments to Dutch legislation 7 - 8 6
B. Making the Convention widely known 9 - 14 6
C. Availability of reports 15 7
II. DEFINITION OF THE WORD “CHILD” 16 - 18 8
III. GENERAL PRINCIPLES 19 - 32 8
A. Non-discrimination 19 - 20 8
B. Best interests of the child 21 - 24 8
C. Right to life and development 25 - 26 9
D. Respect for the child’s opinion 27 - 32 10
IV. CIVIL RIGHTS AND FREEDOMS 33 - 48 11
A. Name and nationality 33 - 36 11
B. Freedom of expression 37 - 38 12
C. Access to information 39 - 44 13
D. Freedom of thought, conscience and religion 45 - 46 14
E. Privacy 47 14
F. Torture and other inhuman or degrading treatment
or punishment of
children 48 15
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 49 - 101 15
A. Parental guidance 54 - 60 16
B. Parents’ responsibility for the upbringing and
development of
the child 61 - 65 18
C. Separation from parents 66 - 69 19
CONTENTS (continued)
Paragraphs Page
D. Family reunification 70 - 74 20
E. Recovery of maintenance for the child 75 - 79 21
F. Children temporarily or permanently deprived of
their family
environment 80 - 81 22
G. Intercountry adoption 82 22
H. International child abduction 83 - 84 23
I. Domestic violence, sexual abuse of children
and neglect 85 -
101 23
VI. BASIC HEALTH AND WELFARE 102 - 197 27
A. Disabled children 102 - 121 27
B. Health and health care 122 - 142 31
C. Social security and youth care 143 - 161 36
D. Childcare services 162 - 174 40
E. Standard of living 175 - 197 44
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 198 - 235 48
A. Education, including vocational training and
guidance 198 -
219 48
B. Aims of education 220 - 229 53
C. Leisure, recreation and cultural activities 230 - 235 55
VIII. SPECIAL PROTECTION MEASURES 236 - 292 57
A. Children in emergency situations 236 - 240 57
1. Refugee children 236 - 238 57
2. Children in armed conflict 239 - 240 58
CONTENTS (continued)
Paragraphs Page
B. Children in conflict with the law 241 - 260 58
1. Administration of juvenile justice 241 - 245 58
2. Children who are deprived of their liberty 246 - 260 59
C. Exploitation of children 261 - 283 63
1. Economic exploitation of children, including
child labour 261-
273 63
2. Drugs 274 - 278 66
3. Sexual exploitation 279 - 283 67
D. Education for ethnic and linguistic minorities 284 - 292 68
Annexes*
* Available for consultation with the secretariat.
Introduction
- The
Convention on the Rights of the Child entered into force for the Netherlands
on 7 March 1995. The initial report (CRC/C/51/Add.1)
was submitted to
the Committee on the Rights of the Child in May 1997. The Committee
considered the initial report on 4 and 5 October
1999 at its
twentysecond session. On 26 October 1999, the Committee issued its final
comments and recommendations (CRC/C/15/Add.114).
The Netherlands replied to the
Committee by letter of 21 November 1999, giving its initial response to the
recommendations.
- The
Convention entered into force for the Netherlands Antilles on 16 January 1998.
The initial report on the Netherlands Antilles
was submitted to the Committee in
2001. The Convention entered into force for Aruba on 17 January 2001.
- On
7 September 2000, the Netherlands signed the optional protocols on the sexual
exploitation of children and on children in armed
conflict (Optional Protocol to
the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography
and the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict).
The ratification
procedure for both protocols will start in 2002. The optional
protocol on the sexual exploitation of children made certain implementing
legislation necessary. This means that ratification cannot take place before
mid-2002. At present it is uncertain how long it will
take to complete the
ratification procedure of the Optional Protocol on children in armed
conflict.
- The
present report was prepared by an interministerial working group comprising
representatives of the Ministry of Health, Welfare
and Sport; the Ministry of
Justice; the Ministry of Social Affairs and Employment; the Ministry of
Education, Culture and Science;
the Ministry of the Interior and Kingdom
Relations; the Ministry of Defence, and the Ministry of Foreign Affairs. The
report reflects
the situation as at 1 October 2001.
- Topics
covered in the initial report have not been reconsidered in the second periodic
report, except where relevant changes have
taken place since the publication of
the initial report.
- Dutch
NGOs have announced their intention of publishing a shadow report on the
implementation of the Convention in the Netherlands.
They are also behind an
initiative by representatives of Dutch youth to produce their own report. That
venture will be largely
organized and funded by the NGOs, though it will be
subsidized by the Ministry of Health, Welfare and Sport and the Ministry of
Justice.
A youth report steering committee has moreover been set up. It
includes representatives of the Ministry of Justice, the Ministry
of Health,
Welfare and Sport and the Ministry of Foreign
Affairs.
I. GENERAL IMPLEMENTATION MEASURES
A. Amendments to Dutch legislation (art. 4)
- The
initial report refers to three pieces of draft legislation that were still being
processed. The situation at present is as follows:
- − guardianship;
co-parenting after divorce (see part V under A (“responsibility and
guardianship” and “minors’
right of access to the
courts”);
- − recognition
against the wishes of the biological father (see the general introduction to
part V).
- Other
important statutory measures explained in more detail in the report
are:
- − amendments
to the law on names (part IV under A);
- − amendments
to family law (part V, general introduction);
- − the new
Aliens Act (part V under D);
- − the
Disablement Assistance (Young Persons) Act (part VI under D);
- − the
Youth Care Bill (part VI under D);
- − the
Basic Childcare Provision Act (part VI under E);
- − the
Young Offenders’ Institutions Framework Act (part IV under H and part VIII
under B ii);
- − the
Minority Language Teaching Act (part VIII under D).
B. Making the Convention widely known (art. 42)
- The
Convention has been translated into Dutch and published in the Treaty Series
(1990, No. 170). The Dutch translation is on the
web site of the Ministry
of Foreign Affairs (www.minbuza.nl). (For the record: in August and September
2001 the translated text
was consulted 42 times.) The text can also be accessed
at most libraries and through the publisher of the Treaty Series. People
who
ring or e-mail the Ministry of Foreign Affairs requesting information about the
Convention are told various basic facts, such
as date of adoption, validity and
where to find the text. A great deal of information on the Convention can be
found at other web
sites, such as that of the Child Protection Board, for
instance, which contains information specially geared to children and young
people (www.derechtenvanhetkind.nl). Other sites with information on
children’s rights and the Convention include www.unicef.nl and
www.defenceforchildren.nl.
- The
Netherlands’ initial report only appeared in English. The present report
has been written in both Dutch and English in
order to comply with
Recommendation 9 of the Committee. Once the report is finalized it will be made
available to NGOs and placed
on the web site of the Ministry of Foreign
Affairs.
Other activities to publicize the Convention
- In
2000, in response to Recommendation 8 of the Committee, the Ministry of Health,
Welfare and Sport and the Ministry of Justice set
up an interministerial
consultative group on the Convention on the Rights of the Child.
Representatives of the relevant ministries
and of NGOs in the field of
children’s rights meet twice a year to discuss the Convention.
- In
the run-up to the United Nations General Assembly Special Session (UNGASS) on
Children - now postponed to 2002 - the Netherlands,
together with other EU
member States, has lobbied to incorporate the Convention in the outcome document
of the UNGASS on Children
and to integrate a human rightsbased approach into
that document.
- The
initial report refers to the information campaign “By talking, you can do
yourself justice”, aimed at making adults
and children more familiar with
the provisions of the Convention. The campaign activities included the
publication of a leaflet
on children’s rights, a children’s rights
festival, a youth debate in the House of Representatives and a youth
referendum.
- Many
of these activities have since become part of the Dutch strategy on youth
participation. In 2001, for instance, the sixth national
youth debate was held.
The concept of the youth debate has been broadened. In the run-up to the debate
in the House of Representatives,
debates are held in all 12 Dutch provinces, at
which young people can express their views on subjects they feel strongly about.
The
Rights of the Child Festival has also become a recurring event. Talks are
held with the Dutch NGO Coalition for Children’s
Rights concerning other
activities that could help publicize the Convention. An updated version of the
leaflet “By talking,
you can do yourself justice” will be published
shortly. Many government publications about children and young people take
the
Convention as their starting point. They include the Englishlanguage
publication Children and Youth Policy in the Netherlands
(2001), which provides
an overview of Dutch youth policy based on the three Ps from the Convention
-participation, provisions and
protection. A copy is annexed to the present
report.
C. Availability of reports (art. 44, para. 6)
- In
response to Recommendation 31 of the Committee, the Ministry of Foreign Affairs
placed the initial report submitted to the Committee
and recommendations thereon
on its web site for a time. The Committee’s final report was
translated into Dutch in 2000 and
made available to interested NGOs and others.
The present report and related documents will be disseminated
widely.
II. DEFINITION OF THE WORD “CHILD” (art.
1)
- For
this definition, please see the initial report.
- For
children’s access to the courts in matters of family law and the law of
persons, please see part V, under A.
Access to information about a biological parent
- A
bill containing rules on the storage and provision of information about
artificial insemination (AI) donors is at present before
Parliament.
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
Heavier sentences for certain types of racial
discrimination
- The
Government of the Netherlands intends to increase the maximum sentences for
structural forms of racism. A bill is at present
before Parliament.
Discrimination based on age
- The
Government has been planning for some time now to give the ban on age
discrimination a statutory basis. It is now obliged to
do so, since the
European directive establishing a general framework for equal treatment in
employment and occupation (Directive
No. 2000/78/EC) entered into force on 2
December 2000. In July 2001, a bill to implement the directive, entitled
“Equal treatment
on the basis of age in employment, the professions and
professional education” was sent to the Council of State for advice.
The
bill bans any distinction made on the grounds of age unless such discrimination
can be objectively justified in view of a legitimate
aim and the means used to
achieve that aim are appropriate and necessary. The bill is expected to be
introduced in the House of
Representatives at the end of 2001 or early
2002.
B. Best interests of the child (art. 3)
Family supervision agencies
- The
family supervision agencies carry out their duties within the legal framework
laid down by law and the supplementary conditions
imposed by the Government
regarding the quality of their work. A debate on improving quality has been in
progress for some years.
In order to achieve real improvements on the ground,
extra funds were released in 2001 with the aim of increasing the amount of
time
family supervisors can spend with their clients.
- The
Child Protection Board plays an important role in the process that takes place
prior to a court decision on a protection measure,
an access order following
divorce and hearings in criminal cases. In recent years, efforts have been made
in children’s interests
to ensure that the Board’s work of advising
the courts is put on a professional basis, and to improve quality. This has led
to new policy rules governing the Board’s activities, so that the manner
in which it operates has become more transparent.
In 1998, the Verwey-Jonker
Institute examined the Board’s assessment activities as part of an
evaluation of supervision legislation.
This study showed that the Board
performed this part of its mandate inadequately in three situations: when
family supervision agencies
reported that a supervision order was not to be
extended, when a care order was not extended by the courts, and when a care
order
was prematurely terminated. The Institute’s conclusion was that
clarification was required concerning the criteria according
to which the Board
makes its assessments, in what circumstances the Board conducts its own
investigations and when not, and what
the consequences are for the decisions
taken by the Board. The findings of a study made by the Family Council
concerning the termination
of placements of children subject to a care order in
foster families are in line with the Institute’s conclusions. The Family
Council noted that termination of or the intention to terminate a placement in a
foster family is in many cases not reported to the
Board. The Council urged
that this situation be rectified. The problems these studies identified and
their recommendations have
been incorporated in a checklist now being used to
achieve a more uniform way of working.
New Youth Care Act
- As
part of the efforts to further strengthen the rights of the child, a bill will
be introduced in Parliament at the end of 2001 or
early 2002. The Youth Care
Act is expected to enter into force in 2003 and will replace the present Youth
Services Act. Central
to the new legislation is the right to care. A youth
care office will be set up in each province providing young people with easy
access to care services based on the needs and wishes of the person in question.
Once a young person has registered with a youth
care office, he/she is screened
and then the office uses the information to decide, together with the
careseeker, what form of care
is appropriate and to draw up a care plan. The
final version of the proposed legislation will give parents or carers as well as
young people a greater role in the process as a whole.
- In
the past years, the Youth Services and Youth Protection Inspectorate has from
time to time conducted an investigation and published
a report in response to a
report or request from an institution. By implementing the recommendations
contained in these reports,
the bodies with a statutory responsibility for youth
care and protection will improve the quality of their work. In 2000, the
Inspectorate
monitored the primary care process in a large number of provinces
and urban regions. On the basis of the results, agreements have
been made on
improvements and on follow-up checks by the Inspectorate from 2001
onwards.
C. Right to life and development (art. 6)
Termination of life on request
- The
due care criteria governing agreement to a request to terminate the life of a
patient are laid down in the Act of 12 April 2001
(Bulletin of Acts and Decrees
194). These provisions also apply to young people. They state that where the
person involved is 18
or older, his or her parent or guardian does not in
principle need to be involved in the decision, but if the patient is between
12
and 16, they do. If a parent or guardian refuses consent, the request will not
be granted. People between 16 and 18 may decide
for themselves if they wish to
terminate their lives since they are considered to be capable of making a
reasonable assessment of
their own interests. Patients who are 16 or over may
refuse medical treatment (article 7:450 of the Civil Code). If they do so,
the
question of euthanasia may arise. Just as with adults, the basic principle with
regard to euthanasia for minors is that any
steps taken must be in line with
prevailing medical opinion and in accordance with the norms that apply in
medical ethics. What
is more, the physician concerned must exercise sufficient
care to ensure that there can be no question of arbitrary termination of
life.
In fact, there are very few requests for euthanasia from minors. Where the
patient is between 16 and 18, in practice there
is usually consensus between
him/her and the parents or guardian.
General due care criteria governing euthanasia
- The
statutory criteria that doctors must comply with in cases where a patient wishes
to have euthanasia or assistance with suicide
are as follows.
The
doctor must:
− be satisfied that the patient’s request is voluntary and
well-considered;
− be satisfied that the patient’s suffering is unbearable and that
there is no prospect of improvement;
− inform the patient of his or her situation and further prognosis;
− have come to the conclusion, together with the patient, that there is no
reasonable alternative;
− have consulted at least one other physician with no connection to the
case, who must have seen the patient and given a written
opinion on the due care
criteria listed above;
− exercise due medical care and attention in terminating the
patient’s life or assisting in his/her suicide.
See also
part IV under G regarding the Medical Treatment Contracts (Young People)
Act.
D. Respect for the child’s opinion (art. 12)
Youth participation
- The
activities organized by youth organizations and the way they work form an
important element in participation policy. The Ministry
of Health, Welfare
and Sport provides grants to 24 national youth organizations (total membership
416,873) that meet a range of criteria.
- In
1999, young people taking part in the National Youth Debate - an annual debate
between youngsters and the members of the Government
- urged the establishment
of a national youth council. The Netherlands does not yet have such a council,
in contrast to many other
European countries which have had one for several
years. Shortly afterwards, the executive boards of a number of umbrella youth
organizations decided to work together on establishing a national youth council.
In June 2001, they did just that. The Council will
have two core tasks: first,
encouraging and supporting participation by young people and second,
representing young
- people
and their organizations and bringing them into contact with each other. The
National Youth Council will not take over the
work of well-functioning youth
organizations, but will play a coordinating and supporting role. The Ministry
will make a grant available
over a period of three years to help the Council
carry out its tasks.
- In
the past year various organizations representing the interests of young people
from ethnic minority groups have been set up. They
often lack support and do
not know how to apply for the grants and funds available. The Ministry of
Health, Welfare and Sport is
investigating whether it can assist in setting up
an electronic helpdesk for these organizations.
Helping children to express their views
- In
accordance with Recommendation 9 of the Committee, a meeting was organized
by the Ministry of Justice in June 2001 on the range
of courses currently
available on the rights of the child and to discuss whether more courses were
needed. Those present at the
meeting included the Coalition for
Children’s Rights, the Association of Family and Divorce Lawyers, the
Association of Criminal
Lawyers, the Training and Study Centre for the Judiciary
and the children’s judges working party of the Netherlands Association
for
the Administration of Justice. It was agreed that the Coalition for
Children’s Rights would prepare a draft folder containing
basic material
on the rights of the child. In October 2001, this draft version would be
discussed at a follow-up meeting, concentrating
on how such a folder could be
used by the various organizations, either by individuals or as training
material. See also part V
under A (minors, right of access to the
courts).
Study of the role of the children’s
ombudsman
- In
Recommendation 12, the Committee advised the Netherlands to set up a
children’s ombudsman. In 2000, the Government commissioned
a study of the
activities such an ombudsman or similar body might be expected to perform,
comparing them with what happens in other
countries. These comprise advice,
dealing with complaints and monitoring compliance with the Convention. The
study’s most
important conclusion was that in the Netherlands, certain
activities (in particular advice and dealing with complaints) are already
being
performed by other organizations. There is no specific Child Convention monitor
supervising the implementation of the Convention.
- A
further study on the various functions of the children’s ombudsman and
whether these can all be brought together in one high-profile
institution is
under way. The Ministers of Justice and of Health, Welfare and Sport will
inform the House of Representatives on
the results of the study and their views
in this regard.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 13)
The law on names
- On
1 January 1998 the law on names was amended in one important respect. Since that
date, parents have been able to choose whether
the child will take the
father’s or the mother’s surname. Once this choice has been made,
any subsequent children take
the same surname. The choice of name may be made
on acknowledgement of the child, when a judicial declaration of paternity is
issued,
when an adoption order is made and before or at the latest at the birth
of the child.
- A
child born during a marriage between a man and a woman takes the father’s
name unless a choice is made for the mother’s
name, as in the case of
adoption by an opposite-sex couple. If the adoptive parents are not married, or
are of the same sex and
married to each other, the child keeps the surname
he/she already has unless a choice is made for the surname of one of the
adoptive
parents. If a child is adopted by and thus enters into a family-law
relationship with the spouse, registered partner or other life
partner of
his/her parent, he/she keeps his/her surname unless a choice is made for the
surname of the spouse or partner. In the
case of acknowledgement or a judicial
declaration of paternity, the child bears the mother’s name unless a
choice is made for
the father’s surname at the time of the acknowledgement
or judicial declaration.
- A
child that has a family-law relationship with both parents by birth takes the
father’s name unless a choice is made for the
mother’s name before
or no later than the birth. If the child is 16 or over at the moment of
entering into a family-law relationship
with both parents, he/she declares to
the registrar of births, deaths and marriages - or in the case of a judicial
declaration of
paternity, to the court - which surname he/she wishes to
take.
Right to nationality
- On
1 October 1998, the Hague Convention on Protection of Children and Cooperation
in respect of Intercountry Adoption entered into
force for the Netherlands.
As a result, the Netherlands Nationality Act stipulates that children adopted in
accordance with this
Convention will automatically acquire Dutch nationality.
It is no longer necessary, therefore, to apply to the courts in the Netherlands.
B. Freedom of expression (art. 13)
- Freedom
of expression is enshrined in article 7 of the Dutch Constitution
(see paragraphs 85 and 86 of the initial report). It is also
codified in the human rights instruments to which the Netherlands is
a party,
including the European Convention on the Protection of Human Rights and
Fundamental Freedoms (ECHR) and the International
Covenant on Civil and
Political Rights. Article 10 of ECHR is of particular interest in this
connection. Paragraph 1 of this article
states that everyone has a right to
freedom of expression, a right which embraces the freedom to hold opinions, to
receive and impart
information or ideas without interference from any public
authority and regardless of frontiers. This right may be restricted only
if the
requirements of article 10, paragraph 2, have been met.
- According
to the Dutch Constitution and the human rights instruments referred to above,
children have exactly the same right to freedom of expression as adults do.
It
should be noted in this context that Dutch criminal law does not apply to
children under the age of 12. The provisions of the
Criminal Code relating to
criminal utterances, which constitute a restriction on the freedom of
expression, do not therefore apply
to children under 12. In this sense, the
freedom of expression of children under 12 is greater than that of people over
that age,
in that they can never be prosecuted for such offences.
C. Access to information (art. 17)
Broadcasting and children
- The
public broadcasting organizations broadcast programmes specifically for children
and young people. At least 35 per cent of television
programmes should have
informative and educational features. In the afternoons, the public
broadcasters provide a cluster of children’s
programmes under the title
“Zeppelin”. The Netherlands Programme Foundation (NPS), one of the
public broadcasting companies,
has a statutory obligation to ensure that its
programmes have educational features targeting young people. In addition, 20
per cent
of its television broadcasting time and 25 per cent of its radio
broadcasting time must be devoted to programmes about the multicultural
society
intended for ethnic minority groups.
- The
Netherlands Broadcasting Corporation (NOS), the public broadcasting umbrella
organization, has a statutory obligation to provide
news programmes for children
and young people. It funds “Kinderkast”, a foundation that promotes
high-quality programmes
for children and provides information about teaching
children to use television in a way that is beneficial to their development.
Dutch broadcasting organizations regularly win international prizes for their
children’s programmes.
Reading
- The
Government of the Netherlands actively promotes reading among young people. It
works with various private organizations active
in this field. Traditionally,
children and young people are a primary target group for public libraries. This
is reflected in a
recent policy plan produced by the Public Libraries
Association, which works closely with schools. Most libraries do not charge
subscription fees to children under 16. This has proved successful: 80 to
90 per cent of Dutch children are library members.
- Dutch
writers and illustrators of children’s books are successful on the
European market as well as at home. The Government
promotes publications for
children, children’s juries help evaluate children’s books and
children’s authors visit
schools.
Protection against injurious information
- Young
children in particular have to be enabled to choose and learn from the great
array of programmes on offer. Recently, the Dutch
Institute for the
Classification of Audio-visual Media (NICAM) was set up to organize a system of
self-regulation in the classification
of audiovisual material. The main aim of
the system is to protect minors from harmful programmes. The Government will
evaluate
the system in the next few years.
- NICAM
works with Internet organizations and has been designated as the body which will
carry out the guidelines on harmful programmes
contained in the EU directive
“Television without
frontiers”.
D. Freedom of thought, conscience and religion (art.
14)
- Freedom
of religion and belief, as enshrined in article 6 of the Dutch Constitution
(see paragraphs 97 and 98 of the initial report) and in human
rights instruments to which the Netherlands is a party, applies to
everyone
within Dutch jurisdiction whatever their age. It therefore applies in equal
measure to children.
- The
concept of religion, as enunciated in the General Equal Treatment Act as a
ground on which no distinction may be made, refers
not only to holding a
particular belief, but also to professing that belief. Actions that, in view of
their nature and their significance
in terms of religious rules and
prescriptions give direct expression to religious belief, are also protected by
the ban on discrimination
on grounds of religion. If a Muslim woman covers her
head, this may be seen as an expression of her religious belief.
E. Privacy (art. 16)
- Dutch
legislation (the Medical Treatment Contracts Act) contains a provision on minors
that is in line with the principles laid down in articles 12 and 16 of the
Convention. In substance,
it states that:
- − from
the age of 16, patients are competent to enter into a medical treatment contract
on their own account, and to perform
legal transactions directly connected to
that contract;
- − minors
who are still under the age of 12 must be represented by their parents or
guardian. Medical staff must also give children
under 12 information, where
possible;
- − minors
between the ages of 12 and 15 must in principle give their consent - as must
their parents or guardian - for any medical
procedure. If parents or guardian
refuse consent, the procedure may be carried out if it is the patient’s
considered and persistent
wish. If a minor who is capable of a reasonable
assessment of his/her own interests refuses consent, the procedure may not be
carried
out even if the parents or guardian have consented;
- − notwithstanding
the rules for consent outlined above, if minors between the ages of 12 and 15
are deemed to be capable of
a reasonable assessment of their own interests, all
the other obligations resting on medical staff are to be fulfilled
vis-à-vis
the minor him/herself (and not vis-à-vis the parents or
guardian). This comprises provision of information, access to or
destruction of
medical files and professional confidentiality. Also included is the right not
to be informed, except where the disadvantage
for the patient or others arising
from not being informed outweighs the patient’s interest in not knowing.
Although the obligation
to ask for the consent of parents or guardian entails
the provision of information, medical staff may decide not to inform them if
to
do so would conflict with their duty of care. In practice, therefore, a minor
patient may prevent doctors from providing information
to parents or guardian
(professional confidentiality);
- − if a
minor who is older than 11 is not capable of a reasonable assessment of his/her
interests, he/she must be represented
by his/her parents or guardian. Where
possible, the patient is then informed. If such a minor objects to a serious
medical procedure,
it may be performed only if it is clearly necessary in order
to prevent serious consequences for the patient;
- − consent
from representatives is not required if the procedure is clearly urgently
necessary to prevent serious consequences
for the patient. Consent will be
assumed to have been given if the procedure is a minor one;
- − the
duty of care resting on medical staff may also constitute a limit on the
authority of a parent or guardian.
F. Torture or other inhuman or degrading treatment
or
punishment of children (art. 37 (a))
Young Offenders’ Institutions Framework Act (BJJ)
- Young
people detained in young offenders’ institutions live in groups. They may
take part in communal activities for 12 hours
a day during the week and eight
and a half at weekends. In certain cases laid down by law this freedom may be
restricted (sects.
23 and 24 of BJJ). A more radical form of restriction is
isolating a young person in his/her room or in a special isolation room
(sects.
25 and of 26 of BJJ). Chapter VII of the Act contains measures that constitute
a restriction on a young person’s right
to bodily integrity and privacy.
These include taking photographs and fingerprints, searching the young
person’s room and
clothing, strip searches, urine checks, body cavity
searches, enforced medical treatment, use of mechanical means of restraint and
the use of force. In each case the Act clearly stipulates who is competent to
order such a measure and under what circumstances.
The consent of the young
person’s representatives is not required if measures are urgently needed
in order to prevent serious
harm. Consent is assumed if the measure is a minor
one. The duty of care resting on the staff in the institution may also
constitute
a limit on the authority of a parent or guardian. For more
information on the Young Offenders’ Institutions Framework Act,
see part
VIII. B (2).
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
General introduction
Statistics
- As
at 1 January 2000 there were 3.5 million children (aged 0-17) in the
Netherlands, out of a total population of 15.9 million. They
account for 22 per
cent of the population. One in five young people are from an ethnic minority;
half of them are from Western European
countries; the other half are from
non-Western countries.
- Most
young children live in a household with two parents. The older the children
are, the more likely they are to live in a one-parent
family. Some families
have always been one-parent families, but most begin as two-parent families and
lose a parent as a result
of divorce or death. In 1999, 14 per cent of
12-17-year-olds lived in a one-parent family. For this purpose, families with a
stepmother
or stepfather are regarded as two-parent families. The proportion of
children affected by divorce is therefore greater than the
number of one-parent
families would suggest. Around one in six children experience
divorce.
Changes in family structures
- There
have been considerable changes in family structures in the Netherlands in recent
years. These changes have now also been recognized
by law. Since 1998 it has
been possible for partners to enter into a registered partnership as an
alternative to marriage. This
applies equally to same-sex couples.
- Since
1 April 2001 it has also been possible for two people of the same sex to marry.
The law of parentage has also been reviewed.
The terms “legitimate
child”, “illegitimate child” and
“natural child” have now been replaced
by the concept of a
family-law relationship with a child. The terms “biological
father”, and “donor” are
new. Legal maternity is now also
recognized by law.
- Since
1 April 1998 the courts have been able to establish paternity on the basis of
the fact that a man fathered a child or of the
fact that, as the mother’s
life partner, he consented to an act that could have resulted in the conception
of the child. An
application for a judicial declaration of paternity can be
submitted by the mother, unless the child has reached the age of 16, or
by the
child. The death of the man presents no obstacle. Paternity cannot be
established if the child has a father, the man and
the mother of the child would
not be allowed to marry, or the man is a minor below the age of 16. The mother
must submit her application
within five years of the child’s birth or
within five years of the day on which she is informed of the identity and
whereabouts
of the natural father.
A. Parental guidance (art. 5)
Adoption
- Adoption
is no longer reserved for married couples. A single person can also adopt a
child. It is now also possible for two people
of the same sex to adopt. This
gives children born to or being cared for and raised by two people of the same
sex in a permanent
relationship the statutory protection they need. It is only
possible for Dutch children to be adopted in this way, because the countries
from which most children for adoption come prefer adoption by a married couple.
Adoption within same-sex couples is most likely
to be by the female partner of
the child’s mother or the male partner of the child’s father. One
extra condition applying
to this type of adoption is that the child can expect
nothing more of its original parent(s). This is regarded as appropriate in
view
of the caution with which adoption needs to be approached. The principle is
that, where possible, family ties with the original
parents should persist (see
also part V, section G).
Responsibility and guardianship
- Both
parents continue to bear parental responsibility for the child, even after
divorce. This can change only if one or both parents
ask a court to rule that,
in the interests of the child,
- parental
responsibility should be granted to one of them. The view is that divorce
should intrude on respect for family life as little
as possible (see article 8
of the European Convention on the Protection of Human Rights and Fundamental
Freedoms).
- Since
1998 it has been possible for responsibility to be exercised jointly by one
parent and another person who is not the parent
of the child, if this person has
a close personal relationship with the child. This arrangement reflects
situations where the parent,
his or her partner and the child live as a family.
It is also possible for a guardian and another person who has a close personal
relationship with the child to exercise joint guardianship. Placing the family
situation on a statutory footing in this way is in
the interests of the
child.
- The
legal provision underlying parental responsibility (1:247 of the Civil Code)
takes the duty to care for and raise a child to include
promoting the
development of his/her personality. Under the law, the parents of the child
must take account of its opinion to the
extent that its personality has
developed and of its growing need for independence. (See also the Social and
Cultural Planning Office’s
2000 report on young people, which states that
in most families children are raised to be independent, and that their
upbringing
is both supportive and authoritative.)
Non-discrimination and the interests of the child in family
life
- Non-discrimination
and the interests of the child have been the main driving force behind the
development of the forms of cohabitation
described above. Children are given
equal status as much as possible, irrespective of the type of household in which
they live.
The same applies to the parents, their partners, carers and
guardians.
- The
principle that the interests of the child should be served as well as possible
is reflected in many legislative provisions, including
those relating to the
retention of shared parental responsibility by parents after divorce, the
possibility for a parent and partner
to exercise joint responsibility and for a
guardian and partner to exercise joint guardianship. The interests of the child
are not
only the parents’ main concern. Courts also give the interests of
the child priority when deciding on responsibility and access.
The case law
regularly refers to the Convention, and the principles are clearly applied (see
the judgements by Den Bosch Court of
Appeal, 8 September 1999, NJ 2000/401
and of Utrecht District Court, 8 September 1999, NJ 2000/286).
Minors’ right of access to the courts
- Courts
will give minors aged 12 or over the opportunity to express their opinion
regarding matters affecting them, with the exception
of matters relating to
maintenance. Children aged 16 or over may express their opinion regarding
maintenance. Minors below the
age of 12, or below the age of 16 in matters of
maintenance, may, in some cases, express their opinion in a manner determined by
the court. A court may give a decision, ex propio motu, if it
believes that a child aged 12 or over so desires, regarding exercise of
responsibility after divorce, establishing and amending
access arrangements and
establishing and amending arrangements regarding information and consultation.
The latter arrangements refer
to the obligation of a
- parent
bearing sole parental responsibility to inform the other parent of important
matters relating to the child’s person and
property, and to consult the
other parent prior to taking any decision on these matters. A minor below the
age of 12 has the same
rights if he can be regarded as capable of making a
reasonable assessment of his interests.
B. Parents’ responsibility for the upbringing and
development of
the child (art. 18, para. 1)
Combining work and family
- Recognition
of the principle that both parents are responsible for the upbringing and
development of the child is fostered, among
other things, by policy designed to
make it easier for both men and women to combine work and family
responsibilities.
- Recent
years have seen a sharp increase in the number of women going out to work.
In 2000, in more than half of all couples, both
partners worked, and
further growth is needed for economic, demographic, cultural and social reasons.
Although there has been some
redistribution of paid and unpaid work between men
and women, the latter still take on the lion’s share of unpaid care
responsibilities,
while the former do most of the paid work. Men and women have
to be able to adjust their working pattern when they are required
to spend more
time caring (for children, or for relatives who do not live with them,
neighbours and friends, or in the form of voluntary
work). To prevent a double
burden falling on women, and in view of the recognition by men, women and
children that the role of the
father in a child’s upbringing is very
important, a higher proportion of men must take on care tasks.
- Over
the past few years, more attention has been devoted to the creation of
conditions that allow men to fulfil this responsibility,
not only by the
Government, but also by the social partners (employers’ federations and
unions), and by individual employers
and employees. New legislation, collective
agreements and the growth of work and care arrangements as a means of attracting
new
recruits bear witness to this development. The current shortage of labour
has been a major driving force behind a change of ethos
in a number of leading
companies. Their policies on recruitment and terms and conditions of employment
emphasize the opportunity
to combine work and care as an attractive prospect for
potential recruits, so that striking a balance between one’s work and
private life becomes part of staff’s terms and conditions.
- Several
ministries took the following measures in a number of areas in the
period 19972001:
- − adjusting
working times and leave arrangements when an employee’s situation changes.
Since 1 July 2001, the Working
Hours (Adjustment) Act has allowed employees to
make structural reductions to their working hours in order to combine work and
care
(see also part VI under E (legislation));
- − adjusting
various leave and holiday arrangements. For example, the Work and Care Bill
brings various new and existing leave
arrangements together under one heading
(see also part VI under E (legislation));
- − expansion
of services: childcare, out-of-school care and home care;
- − adjustment
and extension of the opening times of public services (childcare and outofschool
care), offices, shops, etc.;
- − specific
tax measures;
- − experiments
with different daily schedules.
Conflicts of interest
- If
the interests of one or both of the parents bearing parental responsibility, or
of one or both guardians conflict with those of
the minor child in respect of
care and upbringing, a sub-district court may appoint a special guardian to
represent the minor. The
child itself does not then initiate proceedings; it is
merely a matter of replacing its legal representative. The Ministry of
Justice’s
research institute is to investigate how this rule works in
practice. It will also look into the possibility of granting minors
their own
right of access. If the child is placed in a youth protection or custody
institution as part of a supervision order, any
appeal he or she may make will
be declared admissible. It is not necessary to appoint a special guardian in
such cases if the legal
representative does not appear. This is the line that
the courts take.
C. Separation from parents (art. 9)
- The
child may be separated from its parents on the basis of certain child protection
measures (supervision order; divestment of parental
responsibility, with or
without consent). However, such measures may be taken only after the
children’s judge has assessed
the child’s interests, taking into
account other conditions specified in law (listed in the initial report). The
judge may
issue a supervision order for no more than a year, and may extend it
by no more than one year each time. A care order, whereby the
child is removed
from the home, is also valid for a maximum of one year, and may be extended by
no more than one year each time.
A children’s judge must review the
situation within a year. He/she may rescind a supervision order at the request
of the
family supervision agency, the parent who bears parental responsibility
or the minor, if he or she is aged 12 or over, if the reasons
for granting the
order no longer apply. Insofar as is necessary in connection with the care
order, the family supervision agency
may limit the contact between the child and
the parent who bears parental responsibility. Decisions handed down by the
children’s
judge are subject to appeal by the applicant or other
interested parties.
- Divestment
of parental responsibility without consent is granted only at the request of
another parent, a blood relative or relative
by marriage up to the fourth degree
of consanguinity, the Child Protection Board or on the application of the Public
Prosecution
Service. This is subject to very strict criteria; in the first half
of 2001, the Child Protection Board submitted no such requests.
- After
one parent has been divested of his or her parental responsibility, the other
parent may exercise sole parental responsibility.
If the other parent does not
have responsibility, he/she may apply to the court to be granted responsibility.
Such applications
are granted only if the
- child
would be safe enough with this parent. If this is not the case, the family
supervision agency will generally be appointed guardian.
If the court is
convinced that a minor can once more be entrusted to the parent who has been
divested of parental responsibility,
it can reinvest that parent with parental
responsibility on request.
Access
- The
child’s right of access to the parent who does not exercise parental
responsibility is regulated by law (article 1:377a
of the Civil Code). If the
parents are unable to agree on an arrangement, the court must impose one. Right
of access is denied
only if it would be highly detrimental to the child. A
court can also establish access arrangements between the child and a person
with
whom he or she has a close personal relationship. The law does not provide for
specific penalties in the event of non-compliance
with the right of access.
However, more general measures, such as ordering compliance on pain of a penalty
payment, may be imposed.
A possible role for the Government in mediation and
supervision of access is currently being considered. Mediation is already
available.
For instance, the Child Protection Board holds a number of mediation
meetings during its investigation prior to advising the court
on parental
responsibility and access. In addition, two years ago the Ministry of Justice
launched experiments with divorce and
access mediation in several parts of the
country. The results were recently evaluated by the Free University of
Amsterdam and the
Verweij-Jonker Institute. Their report was sent to a number
of interested parties, such as the Child Protection Board, for their
comments.
The Ministry is expected to take a decision in early 2002 as to the desirability
and feasibility of introducing the system
on a structural basis throughout the
country.
D. Family reunification (art. 10)
Criteria for family reunification
- New
aliens legislation came into force on 1 April 2001. The criteria for family
reunification are laid down in the Aliens Act 2000,
the Aliens Decree 2000 and
chapters B2 and 3 of the Aliens Act Implementation Guidelines 2000.
They are:
- − age:
persons who request family reunification must be minors;
- − the
minor must actually be a member of the family of the relative in the Netherlands
with whom he/she wishes to be reunited;
- − the
relative of the minor must have sufficient means;
- − there
must be no threat to public order.
- If
the applicant is unable to obtain a residence permit on the basis of the above
criteria, he or she can invoke article 8 of the
European Convention on Human
Rights (ECHR). When the case is reviewed under ECHR, each individual interest
of the child and parent
that is put forward will be assessed on its merits.
- An
independent study commissioned by the Ministry of Justice, conducted in 1999 by
Z.D.H. Steenbergen, T.P. Spijkerboer, B.P. Vermeulen
and R. Fernhout and
published in Internationaal immigratierecht: Verdragen en besluiten van
internationale organisaties en internationale jurisprudentie van belang
voor het
Nederlands immigratierecht (International immigration law: Conventions
and decisions of international organizations and international case law relevant
to Dutch
immigration law) concluded that, under Dutch law, applications for
family reunification are dealt with in a positive and expeditious
manner with no
adverse consequences for the applicants and for the members of their family.
The researchers also concluded that
when applications are rejected, the
interests of the child are always taken into account, although reference is not
always made to
article 10 of the Convention on the Rights of the Child.
- The
principle of non-discrimination is enshrined in the Dutch Constitution, and
therefore also applies to family reunification cases. As stated above, every
case is reviewed under article 8 of ECHR, taking
into account all the
child’s interests. Parents living in a country other than the Netherlands
can request permission for
a family visit. If they can show that they have
sufficient means to support themselves during the visit, that there are no
indications
that they will fail to return to their country of origin after their
visa expires and that they pose no threat to public order, they
will be granted
a visa for three months. Parents who wish to stay longer than that can apply
for a temporary residence permit for
the purposes of a family visit. The
granting of such a permit is subject to the same conditions as the granting of a
visa. There
are no legal obstacles to children residing legally in the
Netherlands with a residence permit visiting a parent in another country.
Similarly, there are no legal obstacles preventing parents residing legally in
the Netherlands from visiting their child in another
country.
- No
further measures are needed to implement article 10 of the Convention. As
indicated above, Dutch aliens legislation complies with
the obligations set out
in article 10. The Legal Uniformity (Aliens Affairs) Division of The Hague
District Court, which coordinates
aliens legislation, made a similar statement
in its judgment of 25 September 1997.
E. Recovery of maintenance for the child (art. 27, para.
4)
Maintenance obligations
- The
law includes a number of arrangements regarding maintenance. Parents are
obliged to contribute towards the costs of the care
and upbringing of their
minor children, according to their ability to pay (article 1:404 of the Civil
Code). Parents are also obliged
to provide maintenance for and contribute
towards the study expenses of 18-21-year-olds, even though they are above the
age of majority
(article 1:395a of the Civil Code). By law, people other than
the parents may have maintenance obligations; they include the man
who fathered
the child, stepparents, those who exercise joint responsibility with a parent,
and both guardians in the event of joint
guardianship.
Problems with payment
- Problems
with paying maintenance for the child generally occur after the breakdown of a
relationship or when there is no relationship
at all between the person obliged
to pay maintenance and those entitled to receive it.
- If
parents continue to share responsibility after divorce, the idea is that they
should agree on how the costs of their children’s
care and upbringing are
paid for. If they are unable to agree, they may apply to a court to establish
an arrangement. When there
are problems with payment, there are various means
of collecting the money owing, including attachment of earnings. A special
agency,
the National Maintenance Collection Agency (LBIO), can take over
collection of maintenance in certain circumstances. It can also
use coercive
measures. The operation of LBIO is currently being evaluated.
- Of
course the payment of maintenance is in the interests of the child. Minors aged
16 or over are given the opportunity to make their
views regarding maintenance
known. A court may decide to give minors under the age of 16 the same
opportunity. The law regulates
various situations in which a maintenance
obligation is necessary. Someone is therefore always obliged to pay maintenance
so that
there is enough money for the child to live on and develop.
- Besides
collecting child maintenance in the Netherlands, under the 1956 New York
Convention (on the recovery abroad of maintenance
payments), LBIO is also
concerned with the collection of child and partner maintenance abroad. It
mediates in the collection of
maintenance in other countries and collects
maintenance in the Netherlands in response to requests from abroad, instituting
legal
proceedings in the latter cases if necessary. LBIO and foreign
institutions that collect maintenance under the New York Convention
do so free
of charge.
F. Children temporarily or permanently deprived of
their
family environment (art. 20)
- A
memorandum on improvements to foster care was issued in 1997, followed by the
launch in 1998 of a project to bring innovation and
quality improvements to
foster care. Two documents entitled “Foster care within a changing youth
care sector: a vision for
the future” and “Foster care with
vision: legal pitfalls” have been produced as part of the project. These
two
documents were presented to the House of Representatives in May 2000. They
are based on the “support variant” and the
“placement
variant”. The debate will focus on these two variants.
- The
support variant focuses on restoring the original family context. Unless it is
against the interests of the child, it is preferred
that children grow up in
their own family rather than in another environment. In this variant,
assistance in the form of intensive
counselling - combined with partial and/or
temporary removal from the home - is used to enable the child to return home as
soon as
possible. If, despite all the efforts, it appears that, in the
interests of the child, this is not a realistic option, the second
variant comes
into play: the “placement variant”. This involves finding a
permanent home for the child in another environment,
in this case a foster
family. This has to be accompanied by some form of transfer of
responsibility.
G. Intercountry adoption (art. 21)
- The
Youth Services and Youth Protection Inspectorate drew up plans in 2000 for
monitoring the bodies that put prospective adoptive
parents in touch with
children given up for adoption, and that have a licence to do so issued by the
Ministry of Justice. Monitoring
work actually began in 2001, ensuring that
intercountry adoption meets the same standards as regular adoption within the
Netherlands.
Where this is not the case and it is suspected that in the country
of origin, in a significant number of cases, parents offer their
child for
adoption involuntarily or after being offered money, or that in a significant
number of cases the woman who offers the
child for adoption is not the mother,
adoption from that country can be suspended. Adoptions from Guatemala, for
instance, have
been suspended until further notice for this reason.
H. International child abduction (art. 11)
- To
ensure adequate implementation of international conventions on child abduction,
the Ministry of Justice has designated a central
authority to act on behalf
of the Dutch State in the event of international child abduction. Under the
conventions, the Dutch central
authority may trace the whereabouts of the child,
represent the interests of the child and the parent requesting recovery of the
child and promote and arrange the return of the child, if necessary by means of
legal proceedings. Under the terms of the conventions
the central authority can
also promote and arrange the establishment and implementation of
international access arrangements. The
authority received 35 requests in 1990,
and between 65 and 70 a year between 1995 and 1999. In 1999 it received 70
requests, and
in 2000 a total of 88 requests.
- The
Netherlands is not in favour of bilateral agreements on adoption and child
abduction. It prefers to use the existing multilateral
agreements: the 1993
Hague Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption and the 1980
Hague Convention on the Civil Aspects of
International Child Abduction. In Recommendation 15 the Committee on the Rights
of the
Child recommends that the Netherlands conclude bilateral agreements with
countries that are not party to the relevant multilateral
conventions. The
Netherlands is not in favour of this, because entering into bilateral treaty
negotiations might prevent States
from becoming party to multilateral
conventions.
I. Domestic violence, sexual abuse of children and neglect
(art. 19)
Forms and figures
- Domestic
violence is physical, psychological or sexual violence perpetrated by someone in
the victim’s home environment. Perpetrators
can include partners,
ex-partners, relatives or close family friends. Sexual abuse of children,
including incest, takes many forms.
It occurs both within the home and outside
(schools, sports clubs and institutions) or in a commercial setting (child
prostitution,
trafficking in children, child pornography and sex tourism).
- It
is possible to distinguish between sexual abuse of children in a commercial and
noncommercial setting, but the two cannot be separated.
The Netherlands has
therefore opted for a strategy that targets both. Various studies commissioned
by the Ministry of Justice have
shown that in recent years domestic violence and
sexual abuse of children are not an incidental problem. They occur on a fairly
large scale. Over 40 per cent of Dutch people (adult men and women) have been
the victim of violence in the home. Eleven per cent
of them suffered physical
injury as a result. In over 20 per cent of cases, the violence lasted for
several years. One in nine
children falls victim to physical violence in
the home between age 5 and 10. Among 1020year-olds the figure is one in
five.
- Among
the victims of sexual abuse in the home environment, 45 per cent are below the
age of 18 when the abuse first occurs. Sexual
abuse of children outside
the home is more difficult to trace. It occurs largely in the illegal and
informal circuit. The number
of police investigations of child pornography has
increased sharply in recent years, more than tripling since 1996 (1996:
40 investigations;
2000: 130 investigations).
- Domestic
violence and sexual abuse have devastating consequences for children and their
development. An estimated 30 per cent of
children who end up in care homes have
either been witness to or victims of violence within the family. A study is
under way to
establish the impact of domestic violence on children’s
further development.
Advice and Reporting Centres for Child Abuse and
Neglect
- In
October 1997, at the request of the State Secretary for Health, Welfare and
Sport and the State Secretary for Justice, the Advice
and Reporting Centres for
Child Abuse and Neglect Working Party issued a report. It found that not all
identified cases of child
abuse were being reported. One of the main reasons
was that people were not aware of where they should report such cases. The
State
Secretaries therefore felt it important to set up one clearly recognizable
place where people could go for advice or to report suspected
cases. These
would be known as Advice and Reporting Centres for Child Abuse and Neglect, or
ARCANs. The establishment of ARCANs
is in line with Recommendation 17 of the
Committee.
- Since
1 January 2000, the ARCAN network has covered the entire country. A national
telephone hotline for reporting child abuse is
now also in operation.
- Besides
giving advice, ARCANs investigate reports of child abuse or suspected child
abuse. Since the ARCAN network was set up, it
has been possible to establish
the scale and seriousness of the problem and adopt a targeted approach to
tackling it. ARCANs will
also provide access to youth care - as a future part
of the youth care offices (see under part VI, “Youth Care”). The
provincial authorities are responsible for controlling the supply of assistance,
while the central Government directs and coordinates
policy by creating the
right
conditions.
|
1997
|
1998
|
1999
|
2000
|
No. of reports
|
6 185
|
5 100
|
5 738
|
5 801
|
Advice (cases)
|
8 348
|
11 108
|
13 688
|
15 549
|
Source: Netherlands Institute for Health and Social Services:
Advice and reports: ARCAN annual figures 1998, 1999 and 2000.
National action programme and project team
- Cooperation
and coordination between government bodies, civil society organizations and NGOs
are essential if domestic violence and
sexual abuse are to be tackled
effectively. Policy on preventing and tackling sexual abuse is based on the
Convention. A world conference
against the commercial exploitation of children
was held in Stockholm in 1996. All 122 attending countries, including the
Netherlands,
undertook to draw up a national action programme by 2000. The
Dutch national programme was presented to the House of Representatives
in spring
2000. The Netherlands has thereby met its commitment to the Stockholm
conference and fulfilled the Committee’s recommendation
No. 28. The
programme also links up the activities of the various ministries and
organizations, and therefore establishes links
between different policy areas.
A project team has been set up, with members representing ministries and
non-governmental organizations.
It is known as the NAPS project (National
Action Plan against Sexual Abuse of Children) and is directed by the Ministry of
Justice.
Domestic violence project
- A
special domestic violence project was launched in 2000 with the aim of
developing, implementing and transferring methods as rapidly
and systematically
as possible. The project involves the Ministry of the Interior and Kingdom
Relations, the Ministry of Education,
Culture and Science, the Ministry of
Social Affairs and Employment and the Ministry of Justice, as well as several
implementing bodies,
the Association of Netherlands Municipalities and the
Association of Provincial Authorities. It will run until 1 April 2002. By then,
the methods and cooperative models developed should form an integral part of the
policy of institutions and the authorities.
- The
processes outlined below have been set in motion to supplement the instruments
available to the Government for preventing and
tackling domestic violence and
sexual abuse of children.
Amendments to legislation
- A
bill is currently before Parliament proposing amendments to the Youth Services
Act in order to provide ARCANs with an appropriate
statutory basis. The bill is
designed to provide a solution to the legal problems that can prevent ARCANs
from functioning properly.
The main problems are associated with delineation of
responsibilities, dealing with private information, and reporting procedures.
The bill therefore includes a definition of ARCANs’ tasks, rules on the
provision of personal information without the permission
of the person concerned
and rules limiting the obligation to inform the person concerned that personal
information is being provided.
It also includes powers for care providers and
professionals, and other people with a duty of confidentiality under the law or
by
virtue of their profession or office, to report actual or suspected cases of
child abuse. It is proposed that a provision be included
in the Youth Services
Act to the effect that the duty of confidentiality (medical or otherwise) may be
breached if it is regarded
as necessary to bring child abuse to an end or to
investigate a reasonable suspicion that child abuse is taking place.
- These
amendments anticipate the introduction of the Youth Care Act, which is to
replace the Youth Services Act (see part III, under
B). ARCANs will become a
recognizable part of the Youth Care Offices, which will function as the gateway
to youth care services.
The Agencies will also be responsible for youth
protection.
Training professionals
- Anyone
who is likely to come across situations involving domestic or sexual violence in
the course of their work should have specific
knowledge that allows them to
identify such situations and respond accordingly. The Ministry of Justice has
commissioned a study
into the attitude of the police to signs and reports of
domestic violence. Police training now includes special modules on how to
deal
with domestic violence. Study modules on the early identification of sexual
violence are being developed for professionals
who are likely to encounter such
situations.
Development of methods
- Central
Government plays an important role in developing and disseminating new methods.
Resilience training is important in the prevention
of sexual abuse and other
forms of violence against children. It is not the only prevention instrument
used, but forms part of a
broader preventive strategy, which also includes
Marietje Kessels projects. Marietje Kessels was a victim of sexual violence in
the early twentieth century. Her name is given to training courses in which
children not only learn social skills, but also learn
how to defend themselves
against threats to their physical integrity. The courses are taught in primary
schools by specially trained
staff to pupils in years 7 and 8 (the top two years
of the primary school). The Ministry of Justice finances the courses, which
are
attended by a growing number of children each year. In the school year
1999/2000, a total of 4,500 children took part in a Marietje
Kessels course.
The following year, the number had doubled.
Cooperation models and plans
- The
police, Public Prosecution Service, care organizations and schools must work
together if domestic violence and sexual violence
against children are to be
tackled effectively. Municipalities are responsible for directing local
services, while the provincial
authorities are in overall control of youth
services. The Ministry of Justice has drawn up a plan containing practical
suggestions
for a coordinated strategy against domestic violence. All
municipalities and provincial authorities have received a copy, as well
as a
number of other organizations that deal with this matter. The Ministry of
Justice has also commissioned a plan of action against
child prostitution for
municipalities and provincial authorities.
Research and public information
- In
recent years various studies have been carried out on the incidence of domestic
and sexual violence, the risk factors involved
and the risk groups. One
important study was carried out by Intomart in 1997 on behalf of the Ministry of
Justice. Intomart questioned
over 1,000 men and women. A similar study on
the incidence of domestic violence in ethnic minority families is currently in
progress.
The Ministry has published several booklets for the general public on
what to do if one is involved in a violent relationship, and
how to recognize
and deal with child abuse, including one on sexual violence, 120,000 copies of
which have so far been distributed.
A special handbook on sexual offences has
been written for the police, judiciary and care workers. It contains
information on the
relevant legislation, the help available, addresses
- and
useful background reading. The Ministry of Justice has also set up web sites
for the general public and professionals (www.huiselijkgeweld.nl and
www.seksueelkindermisbruik.nl) and produced a domestic violence
information sheet, which is distributed free of charge by municipalities and
institutions.
Homeless young people
- Homeless
young people are the responsibility of Youth Care Offices, the police and social
services. Municipalities can finance shelters
for homeless youngsters from the
special social services budget they receive from the central Government. An
extra 6.8 million euros
a year has been available since 1 January 2001,
intended, among other things, for homeless youngsters. Since 1999 the
Government
has also been providing extra resources to ensure better coordination
between local youth policy and youth care. Some of these extra
resources
(7.6 million euros in 1999, rising to 50 million from 2002) will go to
services designed to help homeless youngsters.
The aim is to establish
administrative agreements on homeless youngsters between national agencies in
2002. The agreements should
ensure continuity in the shelter and assistance
provided to homeless youngsters at the regional level.
VI. BASIC HEALTH AND WELFARE
A. Disabled children (art. 23)
General
- Generally
speaking, Dutch policy on disabled children is much the same as the policy on
adult persons with disabilities. In other
words, specific facilities are
provided or measures taken for disabled children only when this is necessary.
Examples are early
detection of developmental disorders, outpatient care and
services, day-care centres, special schools and special educational centres
for
young people with slight mental disabilities.
- As
in the case of youth policy, two parties are involved in the establishment of
policy on the disabled: the Government (central,
provincial and municipal) and
private sector bodies (i.e. civil society organizations). The Government
establishes the regulatory
framework, provides funding, plans, supervises,
advises and coordinates. The private institutions do the work and check the
quality.
The aim of Dutch policy on the disabled is to ensure that,
irrespective of age and sociocultural background, people with disabilities
are
able to participate actively in society and develop their talents as fully as
anyone else. Two of the central planks of this
policy are the need to promote
the participation and protect the rights of the disabled. In the case of
disabled children, the aim
of the policy is to enable them, wherever possible,
to attend ordinary schools and to take part in ordinary sporting and leisure
activities.
- The
growing assertiveness of young people means that groups of young people are
endeavouring to escape disadvantage by overcoming
their own problems. This is
true, for example, of young physically disabled people. The Government of the
Netherlands subsidizes
the following bodies of this type: the youth section of
the Dutch Council for the Disabled, the Organization for Partially Hearing
Young
People, and the Youth Committee of the Council for
- the
Deaf. It also subsidizes a number of parents’ organizations representing
the interests of children with disabilities.
Examples include the Federation of
Parents’ Associations (mentally disabled), FODOK and FOSS
(hearing-impaired), BOSK (physically
disabled) and BALANS (children with
behaviour problems).
- Below
is a description of the various facilities that the Netherlands provides for
children with physical or mental disabilities.
Facilities for mentally disabled children
- The
following facilities are available for mentally disabled
children:
- − 125
general institutions providing long-term 24-hour care for the mentally disabled.
Relatively few children are resident
in these institutions. The services
provided include residential care, treatment and education. In addition, day
care is provided
for children living at home and a start has also been made with
an outreach scheme whereby facilities are provided at home. There
are separate
residential institutions for people with multiple disabilities and for young
people with only slight mental disabilities;
children resident in these
institutions are involved in activities outside the institution during the day,
usually some form of education;
- − 20
hostels providing residential accommodation and support services for children.
Here too the residents are involved in
activities outside the hostel during the
day;
- − Six
short-stay residential units providing temporary 24-hour respite care for
families in need of support;
- − Regular
respite homes providing respite care for a maximum of seven days a month;
- − 109
special day centres organizing activities designed to encourage the
children’s development and participation in
society;
- − Three
social care services specifically for mentally disabled people and their
families. These units provide information
and advice about parenting,
education, day care and residential facilities and specific services. Among
other things, they provide
specialized social services and practical educational
guidance for families. The latter is intended primarily for children up to
around the age of 6 years.
- To
facilitate early diagnosis, there is a multidisciplinary network for the
identification of behavioural disorders in children below
the age of
4.
Facilities for the physically disabled
- The
Netherlands has the following facilities for physically disabled
children:
- − 16
long-stay residential units providing accommodation and services. The children
are involved in activities outside the
institution during the day. The majority
of them have motor disabilities. A few homes also accommodate people with
mental disabilities;
- − Seven
residential institutions for deaf or hearing-impaired children and six
residential institutions for blind or partially
sighted children providing
accommodation and services for children in special primary or secondary
education. Most of the institutions
for the deaf also provide services for
younger deaf children and their families;
- − Home-care
organizations that help families with a disabled member;
- − Foster
care and childcare organizations that specialize in finding suitable childcare
facilities or foster families for disabled
children;
- − Holiday
homes for disabled people and their families;
- − Experimental
units providing regular short-term respite care for the physically disabled,
similar to those for mentally disabled
children.
- To
facilitate early diagnosis, there is a multidisciplinary network of
organizations for the identification of behavioural, developmental
or physical
disorders in children below the age of 4. These organizations also offer
early-years help and assistance to these children
and their parents.
Legislation
- The
Government of the Netherlands finances a number of facilities for the provision
of care and services under the Exceptional Medical
Expenses Act (Algemene Wet
Bijzondere Ziektekosten). This Act includes provisions on access to special
residential accommodation, treatment in rehabilitation centres, home care,
prostheses,
ortheses, equipment, etc.
- Under
the Services for the Disabled Act (Wet Voorzieningen Gehandicapten), the
municipalities have a duty to provide a wide range of facilities, including
wheelchairs, transport and adaptations to the home.
The Act has been in force
since 1994 and is based on the idea of one-stop access to all such services in
each locality. The municipalities
are free to implement the legislation as they
see fit and a recent survey shows that there is wide variation on the ground.
The
Government will strive to reduce these differences.
- The
system of individual budgets introduced on an experimental basis in 1996 has
proved extremely successful. It has been expanded
and is now a permanent scheme
under the Exceptional Medical Expenses Act. It applies to home care and the
care of adults and children
with mental disabilities. Its aim is to switch from
a “facilities-oriented” system of provision to a
“function-oriented”
one that is more responsive to the wishes of the
client and increases the efficiency of the service. Any client requiring care,
nursing, support, counselling or treatment for at least three months can opt for
an individual budget, which he or she can then use
to buy any care from any
provider. The client must make his or her own contract with the selected
individual or institutional provider.
Another scheme is also being devised
under which a personal budget would “follow” the client. This could
be used to
purchase a particular type of care, but only from recognized
providers. This system is expected to come into operation
on 1 January
2002.
- The
initial report identified inadequacies in the coordination of facilities and
services. Coordination by the Interdepartmental
Steering Group for the Disabled
has now come to an end. A new structure has been created under which the
relevant Director-General
at the Ministry of Health, Welfare and Sport meets on
a regular basis with colleagues from other ministries to discuss issues relating
to the disabled. In addition, there is a forum for structured consultation on
disablement policy between the central Government,
umbrella organizations of and
for the disabled and parents’ organizations.
- To
reduce the financial difficulties of parents of disabled children (partly caused
by rising premiums for medical insurance), the
Government has established a new
scheme to give an extra financial allowance to parents looking after disabled
children in the home.
This so-called “TOG” scheme went into
operation on 1 January 1997. Following an evaluation, it was expanded in 1999
and the allowances were increased. The grant criteria are as
follows:
(a) The applicant must be resident in the Netherlands and
must be looking after a disabled child in the home;
(b) The child must require the more or less full-time presence of an
attendant or carer;
(c) The child must have a serious physical, mental or psychological
disability;
(d) The child must be between 3 and 17 years of age.
- The
General Disablement Pension Act (Algemene Arbeidsongeschiktheidswet or
AAW) was abolished in 1997, and on 1 January 1998 a new Act came into force
for young people and students aged 17 or over who have become
disabled at an
early age and therefore do not qualify for wage-related benefits: the
Disablement Assistance (Young Persons) Act
(Wet Arbeidsongeschiktheidsvoorziening Jonggehandicapten or
Wajong) (see also part VI, under C, “Changes in the social
security system”).
Waiting lists
- To
tackle shortages of places in the various kinds of institutions and the waiting
lists that result from them, the Government has
adopted a specially targeted,
two-part approach. On the one hand, it is deploying extra resources (2000:
€22.7 million; 2001:
€168.8 million; 2002: €201.9
million; 2003: a structural €224.6 million). On the other, attention is
being
focused on identifying the exact needs of the client and on customizing
care. This has proved extremely successful; many clients
have been offered
individual “care packages”, often provided in the home or local
community rather than in an institution.
Special education
- Special
schools are available for children in need of special care and attention. Like
mainstream schools, they can be either publicly
or privately run. There is
currently a total of around 1,000 schools providing special education. They
include schools for the
physically disabled, for children with a hearing or
sight impairment and for children with learning and behavioural difficulties.
Thanks to the “Going to School Together” policy, there is now close
cooperation between mainstream and special schools.
The aim is, as far as
possible, to integrate children with learning and behavioural difficulties into
mainstream education. Recent
figures show that such cooperation is starting to
bear fruit. A few years ago, there was a steady upward trend in the number of
children attending special schools. More recently, however, there has been a
downturn as more children remain in mainstream education.
Where the special
care arrangements available under the “Going to School Together”
policy are not sufficient to meet
the needs of a particular child, a personal
budget is awarded. The plan is that parents of disabled children should in
future be
able to choose whether their children attend mainstream or special
schools. Children requiring special provision to cope with their
disabilities
will be awarded personal budgets, which their parents can spend on either
special or mainstream education. The right
to special provision will then
travel automatically with the child.
- There
is also special secondary school provision for children with physical
disabilities or hearing or sight impairments and for children
who are
chronically sick. These are also frequently attended by children with learning
and/or behavioural difficulties. Special
secondary schools often form consortia
with local mainstream secondary schools in order to meet the varying educational
needs of
their pupils and give them a better chance of success in education and
training.
- The
problems mentioned in the initial report with regard to nursing and other
medical care in special schools and the confusion about
administrative powers
and responsibilities have since been resolved. Nursing care is now provided by
the home-care organizations
and is funded under the Exceptional Medical Expenses
Act.
Day-care centres and special schools
- The
Netherlands has 109 day-care centres for children with mental or multiple
disabilities. These children frequently need intensive
care or assistance and
often receive too little education. In a number of pilot projects currently
being run, children from day-care
centres have been placed in special schools
where they are also receiving the necessary support. The aim is to see how
children
can be fed through from day-care centres to special schools and to
identify the necessary preconditions for this. The projects are
being funded by
the Ministry of Health, Welfare and Sport and the Ministry of Education, Culture
and Science.
- The
Youth Care Bill (see chapter III (B) on youth care) gives slightly mentally
disabled children with developmental or behavioural
problems access to youth
care. It is the intention that they should also be able to use the regional
youth care office as the gateway
to youth care. This should prevent them from
falling between two stools.
B. Health and health care (art. 24)
- The
Netherlands has an extensive system of health-care provision. A distinction is
drawn between children aged 0-4 and those aged
4-19. Unlike other parts of the
health-care system, special health-care services for the under-4s are not
decentralized. Preventive
care for children in this age group is provided by
baby and toddler clinics. These are attended by almost all babies and toddlers
in the Netherlands. Care for 4-19-year-olds is mainly provided by the school
health services (generally part of the municipal health
service). All
schoolchildren are examined every two years to identify health problems at an
early stage. This is funded by the
municipalities.
- National
policies on child health education and preventive medicine focus on the
following themes:
- − Healthy
lifestyles: various nationwide campaigns promote healthy eating, e.g. less
fatty diets;
- − Prevention
of smoking and alcohol consumption: there are public information campaigns and
a ban on sales of tobacco and alcohol
to young people under 18
(forthcoming);
- − Treatment
of addictions: a complete nationwide network of regional Centres for Alcohol
and Drugs is dedicated to the care
of people with addiction problems;
- − Drug
prevention: there are various educational campaigns about the risks of
addiction. The Drug Abuse Information Centre
has a telephone helpline and
distributes information materials;
- − Prevention
of sexually transmitted diseases (STDs): in 1999, a total of
110,000 people in the Netherlands contracted STDs;
60 per cent of them were
aged between 15 and 30. The use of condoms is vigorously encouraged via
anti-AIDS campaigns;
- − AIDS
prevention through peer education: young people who are not in education are
the most difficult group to which to communicate
information about AIDS. For
this reason, young people in this target group are now being trained to
communicate such information
to people of their own age and type.
- − Prevention
of teenage pregnancies and abortion: in 1994, 1.6 per cent of all deliveries
were to mothers under the age of
20. In 1999, 0.4 per cent of all abortions
were performed on girls under the age of 15 and almost 14 per cent on girls
between the
ages of 15 and 19. These percentages are extremely low, especially
compared with the statistics from other countries.
Access for ethnic minorities
- Some
time ago, the Health Council was asked to advise on measures to improve access
to health care for members of ethnic minorities
(including ethnic minority
children). A project organization was established in 2001 to elaborate and
implement the Council’s
recommendations over a four-year period. The
recommendations concern such topics as the promotion of research, the
interculturalization
of training, and intercultural management in the care
sector.
Female genital mutilation (female circumcision)
- Female
circumcision is regarded in the Netherlands as a form of oppression practised
against women. As Dutch policy is to combat
such oppression, the Government of
the Netherlands rejects every form of female circumcision. The increased number
of refugees from
- African
countries (especially Somalia) entering the Netherlands has created a need for
specific policies in this field. Measures
aimed at prevention, mainly via
public information, have been adopted, and intervention by the justice
authorities is employed only
as a last resort.
- In
1994 a bulletin was published under the aegis of the then Chief Medical
Inspectorate. This contained practical guidelines on the
action to be taken by
health-care professionals or social workers where they had reason to believe
that a circumcision was about
to take place or had recently been performed.
- In
response to recommendation 18 of the Committee, various information campaigns
have been run in recent years. For example, in 1996
and 1997 the Federation of
Somali Associations in the Netherlands (FSAN) ran a bilingual campaign, and in
1999 the Pharos Association
cooperated closely with FSAN on launching a new
project to help get across the message on female circumcision within the Somali
community.
To do this, the Pharos Association intends to train key figures and
trusted advisers within the Somali community to provide information.
It is
important that information is also given to mainstream health-care workers in
order to prevent problems and misunderstandings
concerning female
circumcision.
- In
the Netherlands, female circumcision is equated with assault and, as such, is a
punishable offence. If parents commit acts in
the Netherlands which can be
construed as aiding and abetting a circumcision performed elsewhere, they may be
liable to prosecution
in Dutch courts.
Cooperation with developing countries
Introduction
- The
Netherlands invests considerable effort in international cooperation on health
care. The emphasis is on assisting the least developed
countries. Since Dutch
policies on health and development cooperation focus principally on improving
basic health, they are part
of the effort to spend at least 20 per cent of
official development assistance (ODA) on basic health care, reproductive health,
nutrition,
water/sanitation and basic education. In recent years, this figure
has consistently been achieved; in 2000 the actual figure was
22 per cent.
- Considerable
financial and technical assistance is given to improve health in the broadest
sense of the word, and this assistance
is growing. It is distributed via
bilateral cooperation, multilateral organizations (mainly World Health
Organization (WHO), United
Nations Children’s Fund (UNICEF),
United Nations Population Fund (UNFPA) and the Joint United Nations
Programme on HIV/AIDS
(UNAIDS), national and international NGOs and global
health initiatives. These include various activities which are especially
relevant
to children, such as mother and child programmes and initiatives,
vaccination programmes (e.g. the GAVI campaign), the provision
of essential
medicines, and programmes for the control and treatment of infectious diseases
like tuberculosis and HIV/AIDS. In 2000,
the Netherlands was the sixth biggest
UNICEF donor in terms of USD.
Health and nutrition
- For
years, the Netherlands has targeted aid at multilateral organizations and
national/international NGOs to help them protect breastfeeding,
improve child
nutrition (and related customs) and work on improving domestic food
security.
- Within
the context of development cooperation, the Netherlands has striven to publicize
the Convention as a means of improving child
nutrition and child health. For
example, it helps UNICEF and the International Baby Food Action Network to give
technical advice
to the Committee on the Rights of the Child. This includes,
for example, the selection of appropriate indicators for inclusion in
reports
from countries and NGOs. It also includes the interpretation of legislation in
the nutrition and health field, in particular
concerning breastfeeding and the
International Code of Marketing of Breastmilk Substitutes.
- In
addition, the Baby Friendly Hospital Initiative (BFHI) has done much to advance
policy on infant nutrition and to train health
workers. However, its
achievements are constantly compromised by the actions of the industry, the
development of new marketing techniques
and the HIV epidemic. The Netherlands
continues to support BFHI and its expansion not only from hospitals into the
community, but
also to organizations engaged in training and capacity-building
for the protection, promotion and support of breastfeeding.
- In
the area of domestic food security, the Netherlands has helped NGOs (to the tune
of NLG 30 million a year) to adopt a multisectoral,
integrated approach to
nutritional issues at micro- and meso-level. However, this form of support has
now ceased.
- Over
the past decade, the Netherlands has started to provide more active support for
the solution of problems concerning deficiencies
of trace elements like vitamin
A, iodine and iron. The Netherlands and Canada are among the few bilateral
donors who provide financial
support for the universal addition of iodine to
salt. They also support the establishment of a publicprivate partnership with
the
salt industry to ensure sustained action to tackle the problem of iodine
deficiency (which leads, especially among young children,
to enlargement of the
thyroid gland and arrested development of the brain). Thanks to the efforts of
UNICEF and WHO, far more households
now (in 2000) have access to iodine-enriched
salt: up from less than 20 per cent of the world population in 1990 to
approximately
70 per cent in 1999. The Netherlands has contributed to this
advance via the private sector (Akzo), academia and international organizations.
It has also helped to convince salt manufacturers of the importance of iodine in
salt and of their own role in solving a worldwide
health problem.
- More
action is still needed to reduce anaemia due to iron deficiency; the Netherlands
has for several years been funding the purchase
of iron tablets by UNICEF, but
this is still only a drop in the ocean. It is also encouraging initiatives to
enrich foodstuffs with
iron.
HIV/AIDS
- The
Netherlands provides support via many channels for a host of activities relating
to HIV/AIDS prevention and the care of AIDS patients.
It makes a
substantial contribution to UNAIDS and also to its special Africa Initiative.
In 2000, the Netherlands was the second
largest donor to UNAIDS in terms of
USD.
- Prevention
is at present the only approach. More intensive action is required to promote
behavioural change amongst adolescents,
but this will necessitate action in many
different areas to change the prevailing culture. This is illustrated by the
many different
kinds of activity supported by the Netherlands: social marketing
of condoms; life-skills training in secondary schools; the provision
of
information to ethnic minorities, sex workers and immigrants; public education
via street theatre, etc.
- Prevention
of mother-to-child transmission (MTCT) of HIV is part of the overall approach.
Making sure that mothers-to-be do not themselves
become infected with the virus
is still the most important thing for both mother and child. MTCT can, to some
extent, be prevented
by the administration of drugs. The Netherlands is
supporting initiatives to improve access to these drugs while at the same time
placing a strong emphasis on research into their long-term effects, such as the
development of resistance.
- Transmission
of HIV via breast milk is possible, but greater clarity is still required
regarding factors such as the role of exclusive
breastfeeding, the timing of
transmission via breast milk, and the advantages and risks of alternative types
of baby food, especially
in developing countries. Much more research is needed
on the medical, ethical and nutritional aspects, and certainly on the long-term
effects. The Netherlands is pressing strongly for such research to be conducted
and is making financial resources available for
it, for example via WHO and
UNICEF.
Young mothers and family planning
- During
the 1990s international policies on maternal health and family planning
underwent a radical change. The World Conference on
Population and Development,
held in Cairo in 1994, saw the introduction and acceptance of the concept of
“reproductive health”,
meaning the universal right to a healthy
reproductive life, including the right to decide on the number and spacing of
children.
This covers both maternal health and family planning. In 1997 the
Dutch House of Representatives (the lower house of Parliament)
decided to devote
4 per cent of the annual Dutch official development assistance (ODA) budget to
reproductive health care. This
target was achieved in 1997, 1998 and 1999, and
the figure for 2000 was in fact almost 6 per cent. This aid is
channelled via international
organizations and spent on bilateral cooperation
activities. Priorities are: the promotion of safe motherhood; action to make
good
family planning methods available and accessible; prevention and treatment
of sexually transmitted diseases; treatment of the consequences
of unsafe
abortions; the promotion, where possible, of proper facilities for safe
abortions; and the promotion of reproductive health
services for
refugees.
Drinking water and sanitation
- Efforts
made by the Netherlands in the field of drinking water and sanitation focus
primarily on sanitation in schools. Support is
being given for a worldwide
UNICEF programme which improves not only the facilities but also health
education with regard to hygiene
and staff motivation in this respect. A lesson
learned from this is that children are more open to new ideas than adults and
that
they can influence and encourage their families and the whole community to
keep their surroundings clean and to practise routine
hygiene. Use is being
made of this insight in the implementation of the programme.
C. Social security and youth care (arts. 26 and 18
(2))
Reservation to the Convention
- The
Netherlands has adopted the provisions of article 26 of the Convention subject
to the reservation that they do not confer an independent
right to social
security on children themselves. In recommendation 7, the Committee requested
the Government of the Netherlands
to reconsider this reservation. In response,
the Government has carefully reviewed the question. However, since no
significant
changes have occurred in the Dutch social security system in the
intervening years, it has come to the conclusion that there is no
reason to
modify its attitude. This means that the Netherlands still feels obliged to
maintain the reservation made at the time
of ratification.
Changes in social security
- The
following comments should be made in relation to the conferral of social
security rights on children under Dutch law. The General
Disablement Pensions
Act ceased to apply on 31 December 1997. Because of the impact of this on
people like the self-employed, young
work-disabled people and students, who are
not insured under the Disablement Benefits Act (Wet op de
Arbeidsongeschiktheidsverzekering), two other schemes have been brought into
force to protect these groups. These are regulated by the Disablement Benefits
(Self-Employed
Persons) Act (Wet Arbeidsongeschiktheidsverzekering
Zelfstandigen) and the Disablement Assistance (Young Persons) Act (Wet
arbeidsongeschiktheidsvoorziening jonggehandicapten). Both these Acts came
into force on 1 January 1998.
- Like
the General Invalidity Benefits Act, the Invalidity Insurance (Self-Employed
Persons) Act includes obligatory insurance against
incapacity for work. It
provides a right to disability benefit for those who derive an income from work
even though they are not
in employment. The level of benefit is equivalent to
70 per cent of the minimum wage. The brochure entitled “A short survey
of
social security in the Netherlands” provides further details.
- To
provide a right to benefit for work-disabled young people and students, the
Invalidity Insurance (Young Disabled Persons) Act scheme
was introduced on 1
January 1998. Since that date, disabled youngsters and students aged 17 and
over have been able to claim benefit.
The scheme is intended for young people
who have become work-disabled and have no right to benefit under the Invalidity
Insurance
Act because they have never worked. Once again the brochure entitled
“Stand van Zaken van de sociale zekerheid” provides further
details.
- On
1 January 1997, the new scheme to give an extra financial allowance to parents
looking after disabled children in the home (TOG
scheme) came into operation
(see part VI.A).
Youth care
- Most
children and young people in the Netherlands grow up normally. An estimated
minority of 15 to 20 per cent experience developmental
or behaviour problems.
Youth care services exist to serve this
minority.
- Youth
care is part of the general youth policy field, which attends to all aspects of
the development of children and young people
and their integration into society
by fostering their abilities and preventing early school leaving or
marginalization. The policy
is aimed at encouraging independence and minimizing
reliance on care services. The key feature of the youth policy is confidence
in
the personal strength and abilities of children and young people. General youth
policy is the responsibility of the municipalities.
Youth care exists to deal
with those problems which the municipalities cannot resolve and is the
responsibility of the provinces.
- Since
a quarter of all youth care clients are from ethnic minorities,
interculturalization of the service is a policy aim. Efforts
are being made to
recruit ethnic minority staff, and in 2001 a nationwide programme was launched
to monitor the proportion of such
staff in youth care institutions.
- The
Coalition Agreement of 1998 stated that a new Youth Care Act (Wet op de
Jeugdzorg) would be introduced, containing clear arrangements for control
and funding and providing a statutory basis for the planned improvements
(policy
information, programming of care, quality assurance policies, regional youth
care offices/single clear point of access).
Over the past few years, many such
improvements have indeed been achieved and the exercise has culminated in the
drafting of the
Youth Care Bill itself.
- The
Coalition Agreement of 1998 also provided that the various tiers of Government
(central, provincial and municipal) were to adopt
a joint approach to social
problems relating to youth care in order to tackle them more effectively. The
three tiers subsequently
developed a joint vision which has led to the adoption
of the following criteria for youth policy:
(a) Policymaking is to
take place in consultation with young people (and those responsible for their
upbringing) rather than over
their heads;
(b) Youth policy is to be brought into balance not only by avoiding focusing
exclusively on the problems faced, but also by investing
in strengthening
general youth provisions;
(c) The authorities are not to wait for problems to develop, but are to
react to situations in which young people are at a particular
risk;
(d) The authorities are to cooperate in ensuring that the institutions offer
a coherent set of services providing an adequate and
recognizable response to
demand from young people and their parents;
(e) Projects to strengthen structural provision are to be set up following
joint consultation between the authorities.
This is a response to Recommendation 10 of the Committee, which calls for
more coordinated planning by central, provincial and municipal
government.
- The
provisions of the Coalition Agreement have been integrated into the Youth Care
Act Policy Framework, issued in June 2000, which
formulated the principles on
which the new system was to be based and these have led in turn to the
definition of the following aims:
(a) To guarantee the availability
of an adequate system of youth care with easy onestop access in the form of
regional youth care
offices which consult with the client to reach an
independent and objective judgement on his or her individual needs and how they
can be met, and then ensure that the client can obtain an appropriate integrated
package of youth care;
(b) To improve general provision.
- In
the new situation, the youth care system embraces the care of slightly mentally
disabled children with developmental and behavioural
problems, mental health
services for young people, youth services, child protection, the youth probation
and rehabilitation service
and youth custodial institutions (insofar as measures
under civil law are concerned). Previously these were all under separate
control
and had their own rules, points of access and range of services. In the
new system, there is a single point of access to youth care
(the regional youth
care office). This consults with the client to identify his or her needs and
provides an independent referral
to the appropriate services. This statement of
needs confers a right of access to the types of care specified in it.
- The
Youth Care Bill explicitly assigns this task to the regional youth care office
and introduces instruments for achieving the necessary
cooperation and
coordination. The aim is to ensure that problems are picked up at an early
stage and that the regional youth care
offices help general youth services,
wherever possible, to provide direct support and assistance for young people
within their own
immediate community. They are intended to provide easy access,
deploy expertise where needed within general youth services and be
able to
provide rapid on-the-spot assistance for young people in order to avoid
unnecessary referrals. These duties are specified
in the Bill (see also part
III.B on youth care).
- At
the request of the State Secretary for Health, Welfare and Sport, a survey was
conducted in which 360 young people were interviewed
about the new legislation
by other young people. Some of the interviewees were involved in youth care
while others were not. The
result was a number of proposals for improvements to
legislation, for example to improve access to youth care for ethnic minorities.
These proposals were presented in a report to the State Secretary in September
2001.
- There
follows a brief explanation of the various forms of provision making up youth
care.
Youth care organizations
- The
Netherlands has various youth welfare organizations. Apart from those concerned
with prevention, there are also organizations
providing youth services (where
help has been
- sought
voluntarily) and youth protection and custody institutions (following a
judgement by a children’s judge). Youth services
and youth protection and
care are directed at specific groups of children and young people, in particular
at those groups in need
of special care and attention in relation to their
upbringing and development. A third wing of youth care is the mental health
services
for young people, which are directed at the provision of psychiatric
treatment and care.
Non-residential institutions
- Boddaert
Day Centres: Boddaert Centres (named after the founder) operate outside
school hours and offer assistance to children (and their parents) who
are
experiencing difficulties in their lives as a result of emotional or social
problems. Most Boddaert Centres serve children of
primaryschool age.
Medical Day Centres: these centres provide care for
children whose development has been interrupted or is at risk as a result of a
combination of physical,
emotional and social factors. They offer
multidisciplinary treatment and care.
Residential care
- Assessment
centres: these institutions are designed to enable children to be observed
over a period of time to assess what kind(s) of care are most
appropriate to
meet their individual needs.
Residential youth care
centres: these care for and help children with physical, mental, social or
educational problems or disturbances which are adversely affecting
their
development. Children are usually separated into different age groups. A wide
variety of facilities and methods are available.
Paedological institutes: these are academic institutes providing
special education and therapy for children whose physical or mental health has
been impaired
or is at serious risk of impairment. They provide round-the-clock
facilities for medical examinations and treatment.
Residential special intensive therapy units: homes of this kind
provide round-the-clock care and treatment for children with extremely severe
behavioural difficulties, often
related to psychological or neurological
disorders.
Crisis centres: these provide temporary accommodation for children in
crisis situations pending a decision on the most appropriate form of care.
Family care units: these are homes which attempt to create a
family-type setting and atmosphere. This is the main aim of the care
provided.
Foster care
- Foster
care agencies can place children in foster families and provide support for
foster families, foster children and their natural
parents in relation to the
care and upbringing of the children concerned. They maintain a network of
foster parents to provide temporary
or
- permanent
care for children who are for any reason unable to live with their natural
parents (see also part V.C on separation and
divorce). Foster care agencies are
responsible for the provision of direct support for foster families. There are
also special
agencies dealing with the provision of foster care for children
with severe behavioural disorders. They provide very close support
and
counselling by specialist staff.
D. Childcare services (art. 18, para. 3)
Legislation
- The
Netherlands is currently creating a range of statutory and other provisions
designed to make it easier for parents to combine
paid work and childcare. This
policy is certainly relevant to families with children because it increases the
opportunities for
combining employment with family responsibilities. As part of
this exercise, the Government is striving to increase female participation
in
the labour market and male participation in unpaid care activities. Important
measures in this respect include the passing of
the Working Hours (Adjustment)
Act (Wet aanpassing arbeidsduur or WAA), the preparation of legislation
to combine, expand and improve leave arrangements, and moves to increase the
availability of organized
childcare.
- The
Working Hours (Adjustment) Act entered into force on 1 July 2000. It gives both
public- and private-sector employees a statutory
right to adjust their working
hours, subject to certain specified conditions. “Adjustment of working
hours” can mean
either increasing or reducing the number of hours worked,
and family responsibilities are among the possible reasons for wishing
to do
this. The gist of the Act is that employers are expected to grant their
employees’ requests for adjustment of working
hours, unless there are
compelling reasons, dictated by the interests of the organization, which
militate against doing so. Although
the Act does not relate exclusively to
employees with family responsibilities, it is clearly relevant to their
interests.
- A
second piece of legislation on work and care is currently undergoing
parliamentary scrutiny. This embraces both a range of existing
leave
arrangements (maternity leave, emergency leave and parental leave) and several
new rights (up to 10 days of paid leave to care
for a sick family member, 2 days
of paid leave on the birth of a baby, a right to 3 weeks’ leave for both
parents and a special
allowance in the case of adoption, and flexible parental
leave that can be taken in stages). A particularly important feature is
the proposal for a right to up to 10 days of paid leave when any member of
the family household becomes sick and has nobody else
to care for them.
- A
third approach concerns a substantial increase in the number of organized
childcare places. New legislation is being drafted on
this too. To be known as
the Basic Childcare Provision Act (Wet basisvoorziening kinderopvang or
WBK), this will govern a number of
- different
areas: the structure of organized childcare provision; the distribution of
responsibilities between the Government, the
social partners (i.e. employers and
workers) and parents; funding (including parental contributions); and the
quality and supervision
of childcare services. The Bill is due to go before the
House of Representatives in autumn 2001 and is expected to enter into force
in 2003.
- Another
change worth mentioning is an increased right to parental leave in certain
circumstances (such as multiple births); this came
into effect on 1 February
2001. Finally, a change in fiscal legislation, which came into effect on 1
January 2001, provides tax
relief for employers in order to encourage them to
include paid (or partially paid) parental leave in collective labour
agreements.
Childcare
Number of centres and places
- As
at the end of 1999, the Netherlands had a total of 3,255 childcare centres
(daycare centres, centres for out-of-school care and
childminding agencies).
There was a period of relative stagnation between 1993 and 1996, but the rate of
increase has now accelerated
again. The growing number of centres has naturally
led to an increase in capacity. As at the end of 1999 there was room for a
total
of 116,007 children. Table 1 below (national statistics on organized
childcare in 1989-1999) shows capacity in terms of places:
the number of
daycare places for children under age 4 (averaging 2,600 hours) plus the
number of out-of-school places (averaging
1,300 hours); childminding places have
been incorporated in these two categories, as appropriate.
- Since
1999, the Temporary out-of-school Care Incentive Scheme has been replaced by the
new Childcare and out-of-school Care (Expansion)
Scheme, covering both childcare
for the under4s and out-of-school care. The effect of the former scheme was
clearly reflected in
the figures for 1998, when there was a
41 per cent growth in places for out-of-school care. By contrast, in
1999 the number of places
for primaryschool children rose by a mere
14 per cent.
- In
1999 (possibly under the influence of the new central government policy), there
was a similar surge in capacity for the under-4s
(up
11 per cent). In 1998 growth in this
sector (7 per cent) had been much less than in out-of-school
care. The increase has occurred
in almost all types of care, whether paid
for by employers, parents or the public purse (i.e. the Ministry of Social
Affairs and
Employment, which funds places for children of single parents on
minimum incomes). The increase in the number of subsidized places
has not kept
pace.
Capacity per 100 children
- For
every 100 children under the age of 4, there are 9.98 places, each
averaging 2,600 hours (1998: 9.19).
For every 100
children aged 4-7, there are 3.39 places, each averaging 1,300 hours
(1998: 3.15).
For every 100 children aged 9-12, there are now 1.06 places, each averaging
1,300 hours.
For every 100 children aged 4-12, there are 2.09 places (1998: 1.86).
Occupancy rate, waiting lists and take-up
- The
occupancy rate for places in childcare facilities for under-4s and out-of-school
care (including places with childminders) is
currently
87 per cent (1998: 87 per cent;
1997: 88 per cent; 1996; and 1995: 83 per cent).
The total occupancy rate has remained
unchanged. In 1999, 101,000 places were
occupied out of a total of 116,000, 13 per cent up on 1998.
Progress with expansion
- Under
the Childcare and out-of-school Care (Expansion) Scheme, municipalities must
provide an extra 72,000 places by the end of 2002,
bringing the total number of
places to approximately 160,000. At the end of 1999, 30 per cent of
this increase had been achieved.
Few municipalities (4 per cent) have
already achieved the intended expansion. Around 40 per cent of the
municipalities are taking
action to do so. Most of those still without policies
in place are municipalities with populations of less than 50,000.
- The
scheme assumes that 40 per cent of the intended future capacity will be for
children under age 4 and 60 per cent for those of
primaryschool
age, and that the proportions of subsidized places and those funded by employers
will be 45 per cent and 55 per cent,
respectively.
Municipalities expect that approximately 44 per cent of the extra
places will be for under-4s. Around 68 per cent
of the extra places
are likely to be funded by employers.
- The
central Government has asked the municipalities to use the private sector to
provide extra places. At first sight, municipalities
do not seem to be
involving new agencies on any major scale. However, more detailed analysis
shows that it is mostly small municipalities
with few facilities that are
achieving the increase in capacity by way of the “tried and
tested” childcare centres.
Half of all centres in the Netherlands are
located in municipalities which are using public tendering or some other method
to involve
the private sector in the expansion of capacity. Table 1 below
provides figures for 1989 (the first year of operation of the initial
incentive scheme), 1993 (the year in which that scheme ended) and 1996-2000
to show the trend over recent years.
Table 1
National childcare statistics, 1989-2000
|
|
|
1993
|
1996
|
1997
|
1998
|
1999
|
2000
|
Centres
|
Age 0-3 Age 4-12 Total
|
719 208 927
|
1 589 644 2 233
|
1 651 743 2 394
|
1 874 837 2 711
|
1 922 1 042 2 964
|
2 073 1 182 3 255
|
2 216 1 371 3 587
|
Capacity
|
Age 0-3 Age 4-12 Total
|
17 624 4 883 22 507
|
56 806 18 796 75 603
|
62 079 22 868 84 947
|
66 085 23 139 89 224
|
70 998 32 513 103 511
|
78 936 37 072 116 007
|
84 445 43 507 127 953
|
Paid staff
|
Total
|
4 546
|
15 433
|
20 024
|
25 844
|
31 567
|
33 369
|
37 577
|
Fte’s (38 hours)
|
Total
|
3 484
|
10 983
|
13 581
|
14 732
|
16 970
|
18 963
|
20 492
|
Waiting list (number of places)
|
Age 0-3 Age 4-12 Total
|
23 232 4 133 27 365
|
33 518 8 167 41 685
|
23 855 7 003 30 859
|
16 948 4 809 21 757
|
17 310 9 524 26 834
|
22 736 8 634 31 370
|
30 722 10 372 41 094
|
Children in childcare
|
Age 0-3 Age 4-12 Total
|
34 783 13 283 48 066
|
87 955 18 266 106 220
|
115 336 27 795 143 131
|
125 699 35 566 161 265
|
130 828 52 082 182 910
|
146 435 62 638 209 072
|
164 418 75 746 240 164
|
% take-up
|
Age 0-3 Age 4-12 Total
|
4.6% 0.7% 1.9%
|
11.2% 1.1% 4.4%
|
14.5% 1.6% 5.6%
|
16.2% 2.1% 6.4%
|
16.9% 3.0% 7.3%
|
18.5% 3.5% 8.2%
|
20.8% 4.3% 9.4%
|
Capacity per 100 children
|
Age 0-3 Age 4-12 Total
|
2.34 0.27 0.89
|
7.25 1.14 3.11
|
7.79 1.31 3.34
|
8.53 1.34 3.56
|
9.19 1.86 4.11
|
9.98 2.09 4.53
|
10.49 2.44 4.94
|
Occupancy rate
|
Age 0-3 Age 4-12 Total
|
81% 80% 81%
|
78% 74% 77%
|
84% 80% 83%
|
89% 86% 88%
|
89% 82% 87%
|
88% 85% 87%
|
90% 84% 88%
|
Publicly funded
|
Age 0-3 Age 4-12 Total
|
|
|
918 900 1 819
|
1 684 2 148 3 832
|
1 854 2 820 4 674
|
2 504 3 806 6 310
|
2 355 3 909 6 264
|
Funded by parents
|
Age 0-3 Age 4-12 Total
|
1 331 369 1 700
|
3 022 1 000 4 022
|
6 208 2 132 8 340
|
7 739 1 409 9 147
|
7 884 2 142 10 027
|
9 759 3 270 13 029
|
10 653 3 909 6 264
|
Funded by employers
|
Age 0-3 Age 4-12
|
2 783 64
|
20 049 2 388
|
29 408 5 843
|
32 032 5 787
|
35 587 9 951
|
40 942 12 602
|
47 382 15 480
|
E. Standard of living (art. 27, paras. 1, 2 and 3)
Introduction
- Over
recent years there have been no changes in the statutory child maintenance
system or in the system regarding the level of benefit.
As in the past,
government policy is based on the belief that poverty is best remedied by
employment.
General figures
- The
current population of the Netherlands is 16 million. There are 7 million
households.
Table 2
Composition of Dutch households in 2001
|
7 million
|
Single persons
|
2.3 million
|
Couples without children
|
2.2 million
|
Two-parent families
|
2.1 million
|
Single-parent families
|
0.35 million (85% single mothers)
|
Households including children aged 0-17
|
4.5 million
|
Source: CBS, Nationaal Actieplan ter bestrijding van armoede
en sociale uitsluiting 2001, p. 2.
- The
average household includes 2.3 people (4.5 in 1900). The Government’s
definition of the term “family” is any
group consisting of one or
more adults who are responsible for looking after and bringing up one or more
children. According to
this definition, almost all children in the Netherlands
and 80 per cent of adults aged 30-55 currently live in families.
- Table
3 below shows how the population of the Netherlands is divided by age
group.
Table 3
Population of the Netherlands, by age group
(2000)
|
|
20-39
|
40-64
|
65-79
|
80 or older
|
Total population
|
Absolute
|
3 873 008
|
4 761 504
|
5 076 996
|
1 652 103
|
500 339
|
15 863 950
|
%
|
24.4
|
30.0
|
32.0
|
10.4
|
3.2
|
100
|
Source: CBS, Nationaal Actieplan ter bestrijding van armoede
en sociale uitsluiting 2001, p. 2.
- The
table above shows the rise in the average age of the population over the
last 50 years. In 1950, 7.7 per cent of the population
was aged
65 or over; by 2000, the proportion had nearly doubled to
13.6 per cent. Over the same period, the proportion of
people
under the age of 20 declined from 37.3 to 24.4 per cent. The
population of the Netherlands includes 1.5 million people from ethnic
minorities
(2000).
- In
2000, the unemployment rate stood at less than 3 per cent: its lowest
level since the late 1970s. The growth in jobs has pushed
up the proportion of
people in employment: from 54 per cent in 1990 to
67 per cent in 2000. (Figures for the number of people in
employment
are based on national statistics which ignore those working for less than 12
hours a week.)
Table 4
Trend in the number of benefit claimants,
1995-2000
|
|
1996
|
1997
|
1998
|
1999
|
2000
|
Social assistance (pers. x 1 000)
|
492
|
484
|
463
|
424
|
381
|
351
|
Unemployment (ben. yrs x 1 000)
|
341
|
324
|
288
|
237
|
193
|
162
|
Invalidity benefit (pers. x 1 000)
|
933
|
941
|
955
|
996
|
1 021
|
1 062
|
Source: SZW, Nationaal Actieplan ter bestrijding van armoede
en sociale uitsluiting 2001, p. 4.
- The
total number of people looking for work in 1999 was 806,000, while the number of
job vacancies was high (at almost 170,000).
Simply filling these vacancies
could increase the rate of employment by around 3 per cent.
Income guarantees and trends in purchasing power in the
Netherlands
- The
Netherlands has a fully comprehensive system of social security benefits which
guarantees a relatively comfortable minimum income
for all. The guaranteed
minimum income is derived from the statutory minimum wage, but the tax system
creates a gap between the
net minimum wage and the guaranteed minimum income
which encourages those on benefits to seek paid work. The guaranteed minimum
income
is graded by type of household: 100 per cent for married
couples (including cohabiting couples and those in registered partnerships),
90 per cent for single parents and 70 per cent for single
people without dependent children.
- So
far, the present report has considered only the proportion of households living
on guaranteed minimum incomes. Table 5 shows the
proportion of individuals who
have to live on this level of household income (for shorter or longer periods).
Table 5
Individuals in households in temporary or
long-term
receipt of minimum incomes, in percentages of the
age group concerned
|
|
1996
|
1997
|
1998
|
1999*
|
Total
|
8.5
|
8.4
|
8.3
|
8.0
|
8.0
|
- children < 18
|
11.2
|
11.0
|
10.8
|
10.2
|
10.1
|
- men 18+
|
6.3
|
6.3
|
6.2
|
6.0
|
6.0
|
- women 18+
|
9.2
|
9.0
|
8.9
|
8.7
|
8.8
|
Long-term
|
3.0
|
2.8
|
2.8
|
2.7
|
2.6
|
- children < 18
|
3.4
|
3.3
|
3.3
|
3.1
|
2.7
|
- men 18+
|
1.9
|
1.8
|
1.8
|
1.8
|
1.7
|
- women 18+
|
3.8
|
3.6
|
3.5
|
3.4
|
3.3
|
Source: CBS income statistics.
* 1999 figures are provisional.
- Children
under the age of 18 run a risk of living in poverty which is
2 per cent above the average. However, this is gradually declining
over the years, reflecting the decline in the proportion of single-parent
families entirely dependent on benefits.
Social assistance for young people
- In
the Netherlands, young people under the age of 18 have no independent right to
social assistance. Their parents have a statutory
duty to support them. The
National Assistance Act (Algemene Bijstandswet) provides for a standard
level of benefit for families and single parents with children under the age of
18.
- Young
people aged between 18 and 21 do have an independent right to benefit if they
are no longer living with their parents, but even
so their parents are still in
principle expected to pay for their upkeep. The Civil Code (Burgerlijk
Wetboek) imposes a statutory duty on parents to maintain their children up
to the age of 21. However, where it is impossible in practice
to enforce this
duty, the municipal executive has the power to make “crisis
payments” to the young person concerned.
Benefit is therefore only paid
to young people under 21 if their living costs necessarily exceed the relevant
standard level of
benefit and they cannot obtain additional financial support
from their parents, either because the parents cannot afford to pay or
because
the young person cannot reasonably be expected to enforce his or her statutory
claim on them.
- The
national norm for single people without children is 50 per cent of the
net minimum wage. The municipal executive has a duty to
grant a supplementary
allowance of 20 per cent of the net minimum wage if the single person
concerned can show that he/she is unable
to share the general basic costs of
living with anyone else.
- Article
37 of the Social Assistance Act gives the municipal executive the power to
designate a lower supplementary allowance for single
people aged 21 or 22. It
can do so if it believes that, compared with the current level of the minimum
wage, the total level of
benefit, including the supplementary allowance, will be
such as to discourage claimants from seeking work.
Table 6
Number of benefit recipients
|
|
Aged 21-22
|
1998
|
1999
|
2000
|
1998
|
1999
|
2000
|
Total
|
10 400
|
9 000
|
8 160
|
10 900
|
9 300
|
8 190
|
including
|
|
|
|
|
|
|
Single
|
8 300
|
6 700
|
5 760
|
7 600
|
6 000
|
4 810
|
Single with children
|
1 500
|
1 800
|
2 060
|
2 500
|
2 700
|
2 870
|
Married
|
400
|
300
|
220
|
800
|
600
|
480
|
Other/unknown
|
200
|
200
|
120
|
-
|
-
|
30
|
Source: Ministry of Social Affairs and Employment.
- Table
6 shows that the number of young childless singles in receipt of benefits is
declining rapidly, while the number of young lone
parents on benefits is rising.
Employment of single parents
- At
the end of 1998, there were 103,700 single parents on benefits and 31,300 of
them had children under the age of 5 (respectively
26 per cent and 8 per cent of
the total number of benefit claimants). In 1999, only 9 per cent of the latter
group were in paid
work. The Emancipation Yearbook (Jaarboek
Emancipatie) for 1999 shows on page 136 that singleparent participation in
the labour market is generally on the increase in the Netherlands
(26 per cent
in 1988 and 42 per cent in 1997). Although the same is true of single
parents on benefits (participation up from 9
per cent in 1989 to 19 per cent in
1998), the rate at which single parents are leaving the benefit system is lower
than that of other
claimants.
- The
policy of the Government is to emphasize that participation in the labour market
is an important way for single parents to improve
their own standard of living
and that of their children. One of the agreements made between the central
Government and the Association
of Netherlands Municipalities (VNG) as part of
the “Agenda for the Future” project (25 September 2000)
provides that
“the Ministry of Social Affairs and Employment and the VNG
will encourage municipalities to make a greater effort to activate
single
parents by promoting part-time work through the provision of financial
incentives, childcare and training”.
- Another
agreement between the central and local government that is relevant in this
context is that municipalities will strive to
offer appropriate work to clients
with an individual exemption from one or more obligations to work (these include
single parents
with a child over the age of 5), or alternatively that they
will take steps to eliminate the reason for the exemption. When making
offers
aimed at the reintegration of claimants into the workforce, the municipalities
are to take account of factors such as the
need of the claimant to combine work
and care, the availability of childcare and the interests of the
child.
Childcare and social assistance
- Since
1996, single parents on social assistance who undertake employment or training
have been able to obtain grants for childcare
for under-4s and out-of-school
care from a special scheme catering for their needs, provided that they do not
earn more than 130
per cent of the statutory minimum wage.
- At
the beginning of 2000, eligibility for this scheme was extended to include two
new categories of single parents: teenage mothers
and those taking part in
social activation schemes. A total budget of NLG 131.1 million was available
for the scheme in 2001.
- The
scheme is used mainly by single-parent benefit claimants engaged in part-time
work or training and by single-parent ex-claimants
who have entered some form of
employment (subsidized or otherwise).
Crisis payment
- Parents
in the Netherlands can apply for crisis payments to help meet costs associated
with childrearing if those costs are the result
of exceptional circumstances,
they themselves lack the income and/or assets to meet them and there is no other
form of assistance
available. The costs concerned may relate to education,
social participation or medical treatment or care. Applications for crisis
payments have to be made to the local municipal social services department and
are assessed on an individual basis, with due regard
to the applicant’s
own ability to pay.
- On
1 July 1997, a new arrangement was introduced in the Netherlands to allow crisis
payments to be made on a generic basis. This
enables municipalities to specify
particular groups of people who can automatically be granted crisis payments.
The municipal social
services department can then award crisis payments to
parents on the basis that they are members of a particular category of
individuals
who are assumed to incur particular costs in relation to their
children (for example, parents of children at secondary school).
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance (art.
28)
Primary and secondary education
- Under
the Compulsory Education Act, children must attend school full-time between
their fifth and sixteenth birthdays (although they may attend as soon as they
reach
the age of 4, and 97 per cent in fact do so). They must
continue to attend part time until their seventeenth birthday. Asylumseekers
in
the same age category and the children of asylumseekers must also attend school.
They are put in bridging classes to prepare them
for regular education. The
function of special education is dealt with in part VI.A.
- After
completing primary education, pupils go on to secondary education. This is
divided into the following categories: pre-university
education (VWO), senior
general secondary education (HAVO) and pre-vocational secondary education
(VMBO). Every type of secondary
education begins with a three-year period of
basic secondary education, in which pupils are taught a broad curriculum. In
theory,
children can go to whatever type of secondary school they like, although
parents usually select the type recommended by their child’s
primary
school. Ultimately it is up to secondary schools themselves to decide who to
admit. VMBO includes a separate learning pathway
for pupils who cannot cope
with the regular curriculum.
- Primary
education is free, as is secondary education up to and including the school year
in which pupils reach the age of 16. From
then on, parents pay school fees.
However, this does not prevent children from poorer homes from attending school
as they qualify
for a study costs allowance. Schools can ask parents to
contribute towards the cost of certain activities, but this is entirely
voluntary.
Higher education
- Institutions
of higher education can lay down admission criteria. Registration and the
allocation of places is carried out centrally.
Universities and colleges
require students to pay tuition fees. However, a system of student grants and
loans ensures that no one
is prevented from studying simply because they cannot
afford to.
The provision of information on education
Primary education
- Primary
school attainment targets stipulate that pupils be provided with information on
educational and vocational choice. When a
child has completed primary
education, the school will advise its parents as to the most suitable type of
secondary education.
Secondary education
- Most
secondary schools have open days so that the parents of potential pupils can get
an idea of what the school is like and what
kind of teaching is provided. These
are usually followed by other information sessions for parents and pupils. The
move from primary
to secondary school is made easier by a transition class,
sometimes supplemented by introductory activities. After the second year
of
basic secondary education - a three-year programme in which all pupils follow a
basic core curriculum - secondary schools must
advise pupils on the choices they
have to make regarding their subsequent school career. The idea is not to force
pupils to choose
early on, but to ensure that they are prepared when the time
comes. Informing pupils as to how their choice of subjects will affect
their
study and career prospects is an integral part of a school’s
tasks.
- Various
other bodies also advise pupils and teachers on subject, school and career
choice. Education and Careers Guidance Agencies
(AOBs) provide free information
on vocational tests. Most schools have ties with an AOB; the costs are met from
a government grant
based on pupil numbers. The funding of such guidance is
regulated by the Secondary Education Act.
Vocational education
- Regional
Training Centres (ROCs) have a duty to provide pupils and their parents with
educational and careers guidance, and their
performance in this respect is
assessed.
Early childhood education
- The
pre-school years are crucial to a child’s development. Children must be
given a good start if they are to develop properly,
do well at school and
participate fully in society. The Government accords a high priority to
targeting and tackling disadvantage
at an early age, and has in recent years
earmarked a sizeable budget (around €100 million in 2002). At present,
about 50 per
cent of the target group is being reached. The aim is ultimately
to reach the entire target group and to give all the children concerned
as good
a start as possible, thus minimizing their linguistic and developmental
disadvantage by the time they start school. The
group comprises
some 200,000 children between the ages of 2 and 5, including children
from ethnic minorities and Dutch children whose
development is likely to suffer
because their parents have had little schooling. In order to reach all these
children it is necessary
to identify disadvantage (or potential disadvantage) at
a very early age and to encourage parents to send their children to a playgroup
or some other form of childcare. Since 2001 the Government has earmarked extra
funds for this purpose (€15.8 million a year).
Primary schools,
playgroups and baby and toddler clinics need to work together to achieve these
aims.
Preventing dropout
- High
priority is assigned to supporting youngsters who experience problems at school.
They are encouraged in various ways at least
to acquire an initial qualification
for the labour market.
- The
Compulsory Education Act explicitly seeks to prevent truancy and dropout. A
1994 amendment gives schools and municipalities more responsibility and scope
for combating dropout and also makes pupils themselves directly liable for
non-attendance. School attendance officers monitor attendance.
As of the age
of 12, pupils can be held legally responsible for failing to comply with the
provisions on school attendance. Since
the establishment of regional truancy
reporting centres (RMCs) it has been possible to monitor and tackle the issue at
the regional
level. The idea is to set up a watertight truancy registration
system and thus a joinedup approach that will ultimately reduce truancy.
- In
1995 initiatives to provide integrated services for pupils and their parents
began in Rotterdam and Groningen. The main aim of
these “community
schools” and similar local initiatives is to increase children’s and
young people’s chances.
They form part of a network of education,
childcare and welfare organizations. By 2000, 179 of the 504 Dutch
municipalities
- had
community schools, and 175 municipalities were planning to set up integrated
centres of this kind. In the case of primary schools
links have primarily been
made with crèches, outofschool care centres and welfare agencies.
Various measures have been taken
to tackle the problem of dropout among specific
target groups and increase their chances of success.
- Since
1998 educational priority policy has been devolved to the municipalities. They
have been given the resources and means to enable
them to pursue a policy on
educational disadvantage. The aim is to develop a local, coherent approach to
disadvantaged pupils, in
conjunction with crèches, schools, welfare
agencies, the police and sports clubs. Every four years, the central
Government
lays down priorities in a national policy framework, which the
municipalities must in any event address. The latest national policy
framework
covers the period 20022006. Priorities include earlychildhood education,
support during a child’s school career,
combating early school leaving and
language development. The approach will moreover increasingly be
school-specific, with municipalities
developing an educational opportunities
policy to tackle concrete problems at individual schools. The broad programme
of action
includes measures at all schools with a high proportion of pupils from
disadvantaged backgrounds. Parliament has approved the establishment
of a
centre which parents can contact for information or advice on primary and
secondary education. One of the aims of the centre,
which will be linked to a
web site, is to increase parental involvement. The four national
parents’ organizations will take
the lead. Forum, an institute for
multicultural development, has been asked by the Ministry of Education, the
Ministry of the Interior
and the Ministry of Welfare and Health to devise and
implement a campaign on earlychildhood education. The aim is to impress on
certain target groups the importance of early education for a child’s
development. On the whole these are ethnic minorities
and certain sectors of
the Dutch population which are hard to reach. The information will be provided
via the municipalities; a
direct approach is central to the campaign.
- Research
has shown that there is an adequate national network of supra-school services
for potential dropouts. These tend to be pupils
with behavioural problems who
are taught outside school for a limited period and then return to school again.
Special efforts are
being made to improve cooperation between schools and youth
care services. To this end, a centre has been set up to promote the
development
of consultative teams of care experts who advise schools on problem pupils. It
is also active in developing and disseminating
best practices in the field of
cooperation between schools and youth care centres.
School discipline and the Convention on the Rights of the
Child
- Although
under article 23 of the Dutch Constitution the running of schools is primarily
left to individual school authorities, in practice this does not conflict with
the requirements
of the Convention on the Rights of the Child as regards the way
in which discipline may be maintained at school. Adequate safeguards
exist in
the shape of the supervision provided by the Education Inspectorate, the powers
invested in parents in the participation
council and - in secondary education -
the pupils’ charter. At many schools pupils can talk to confidential
advisors if they
are experiencing problems at home or at school. The
obligations of pupils and parents visàvis schools and vice versa are
clearly set out, for example in agreements about discipline, a school handbook
(listing parents’ and pupils’ rights and
obligations) and a
complaints procedure providing for an independent complaints committee.
- Since
1995 the “Safe School” campaign has effectively tackled problems of
violence and lack of safety in schools. In
2000 a follow-up survey led to the
establishment of a scheme aimed at improving safety in schools, involving a
confidential helpline
for pupils and others. Since mid1999 teachers who have
reason to suspect that a sexual offence has been committed are under an
obligation
to report this to a confidential inspector and to the
police.
International cooperation in the field of
education
- The
Netherlands is a firm advocate of the internationalization of education, both
with a view to equipping pupils for European integration
and increasing
globalization, and to improving the quality of education through international
comparison and the acquisition of knowledge.
Both pupils and teachers in
primary, secondary and vocational education are increasingly reaping the
benefits of exchanges and other
types of international contact. Two policy
documents set out specific policy in this field. The policy of
internationalization
also extends to teaching content, with a strong focus on
the intercultural component.
- The
European Platform for Dutch Education is currently carrying out a project
commissioned by the Ministry of Education, Culture and
Science aimed at
encouraging children from ethnic minorities, especially girls, to participate in
exchange programmes. The European
Union (EU) programmes Socrates and Leonardo
provide a multilateral framework for internationalization. The Netherlands
moreover
supports moves within EU to help European education systems learn from
one another via a process of “open coordination”.
Such moves are a
logical consequence of agreements made at the Lisbon European Council (March
2000) which link the goal of a knowledge
society to efforts to achieve social
cohesion. In this context, considerable use is made of the Organization for
Economic Cooperation
and Development (OECD) expertise. The introduction of
information and computer technology in Dutch education - a promising move
being
the establishment of a “knowledge network” (Kennisnet) for
education - is being implemented through this and similar international channels
in a broad international context.
- With
regard to human rights education, tolerance and democratic citizenship, UNESCO
and the Council of Europe provide frameworks for
the evaluation of relevant
trends in the Netherlands. Finally, the development of earlychildhood education
in the Netherlands owes
much to best practices in other countries, often made
available to Dutch experts through OECD and UNESCO.
Cooperation with developing countries in the field of
education
- Since
1992 basic education has been an area of special focus within Dutch development
efforts, as one of the components of a policy
geared to poverty alleviation and
development. This focus on education for all has become more marked with the
passage of time.
Parliament requested the Government to give it yet higher
priority following an international education conference in Dakar in 2000.
The
effect of this request has been a net increase in expenditure and active
participation in the education dialogue at national
and international levels.
In recent years, direct expenditure on basic education in the 14 target
countries that chose education
as an aid sector rose from 1.9 per cent in 1998
and 1999 to an estimated 3.5 per cent in 2001. In cooperation with the World
Bank,
the Netherlands is moreover helping to fund an international fund for
education for all (still at a preparatory phase).
- Basic
education, as defined in Dutch development terms, encompasses more than just
primary education. It is geared to giving people
the chance to acquire the
basic knowledge, values and skills necessary for their personal and social
development and their participation
in society. In other words, it is more
far-reaching than formal primary education for all and includes nonformal
education (e.g.
literacy programmes, adult education and education for school
leavers). Attention is paid both to quantity (access to education)
and quality
(relevant, highquality education). A premise is the universal right to the form
of education that ties in with the basic
learning needs of each individual,
whatever their age. This directly relates to the right to education numbered
among the rights
of the child. The Netherlands is working with national
Governments in 14 countries to design education programmes that will achieve
the
internationally agreed aims of equal participation of boys and girls in primary
and secondary education by 2005 and basic education
for all by 2015. In this
context, Dutch policy also seeks to tackle the existing gender inequality and to
promote equal opportunities
for all.
- Within
basic education policy specific attention is paid to early-childhood
development, the aim being to achieve an integrated and
holistic approach. One
of the means by which this is achieved is a partnership programme with UNICEF.
As chair of the Working Group
on Early Childhood Development, set up by the
Association for the Development of Education in Africa, the Netherlands strives
to
promote a supra-sectoral approach to early-childhood development. The main
focus is on its implications for the education sector.
B. Aims of education (art. 29)
Primary, secondary and special education
- Education
legislation ensures that pupils can follow an uninterrupted process of
development. This process should be linked to the
child’s individual
development. Thus, education targets children’s emotional as well as
their intellectual growth and
should equip them not only with knowledge but also
with social, cultural and physical skills. Another basic assumption of Dutch
education is that children grow up in a multicultural society. Relevant
principles are set out in the attainment targets laid down
for primary school
and basic secondary education.
- The
didactic aspects are explicitly dealt with in the school work plan and the
school prospectus as well as the pupils’ charter
which secondary schools
must produce every two years. Respect for the point of view and culture of
others are the most recurrent
themes in these documents.
- As
far as the cultural identity, language and values of children from ethnic
minorities are concerned, there are specific policies
aimed at these target
groups. Pupils with at least one foreign parent are often taught their own
language and culture, usually by
teachers from their country of origin. These
lessons are given outside regular school hours. In secondary education,
teaching of
Arabic and Turkish, two of the most common immigrant languages, has
expanded since the 1990s. Schools can now offer these languages
as exam
subjects if they wish.
- One
of the basic premises of Dutch education - indeed, of Dutch society as a whole -
is that people should not be discriminated against
because of their gender.
Dutch education policy is explicitly geared to offering equal opportunities to
boys and girls. Special
attention is paid to teaching materials and textbooks
that combat sex stereotyping. The attainment targets devote specific attention
to equal opportunities for girls. One of the aims of the attainment targets for
history and social studies is to enable pupils to
form an independent and
balanced judgement, based on their own values and those of others. A comparable
role is assigned to geography
teaching, in which considerable scope is devoted
to intercultural aspects. In recent years, intercultural education has expanded
to become one of the primary perspectives of Dutch education, partly thanks to a
project group set up by the Ministry of Education,
Culture and Science.
- Primary
schools are required to teach children about different religions and ethics. In
the context of intercultural education many
schools also cover subjects such as
peace and international cooperation. Science and environmental education -
recently very much
promoted by the Government - and biology incorporate teaching
respect for the environment and a responsible attitude to sexuality
and
health.
Human rights education
- The
attainment targets for primary education may be either specific to an area of
learning or more general. The attainment target
for the area of learning
“people and the world they live in” specifies the requirements human
rights education must meet.
The subject of human rights is not taught
separately, but as an integral part of other subjects. The aim is to nurture
children’s
critical capacities, so that respectful and socially
responsible behaviour can be expected of them. Primary schools are required
to
teach children about discrimination, tolerance and emancipation. Children must
be able to identify similarities and differences
between a number of ideological
and religious schools of thought that play an important role in the Dutch
multicultural society.
- “Social
behaviour” is a general attainment target which teaches primary school
pupils to treat others with respect, to
respect different convictions and
cultures and to support people with different views.
- In
accordance with article 23 of the Constitution, the way a school is run is
primarily the responsibility of its competent authority. Each school will
therefore teach the above
attainment targets differently. There are various
organizations in the Netherlands from which schools can get help. For instance,
Amnesty International has produced learning packages on the subject of human
rights, and the National 4 and 5 May Committee organizes
activities to involve
children in commemorating the Second World War and the liberation.
Vocational education
- The
Government draws up the attainment targets for vocational education per course
or subject, on the basis of proposals put forward
by sectoral organizations and
employers. The attainment targets meet three criteria: they provide education
of a general nature,
they provide vocational training and they maintain a link
with other forms of education. This ensures that vocational education
complies
with the requirements of article 29 of the Convention.
Freedom of education
- Article
23 of the Constitution ensures that the provisions of article 29, paragraph 2,
of the Convention are met, since the freedom of education guaranteed by this
article makes it possible to set up schools and provide education as long as
certain conditions for funding are met, including a
minimum number of pupils,
competent teaching staff and a proper qualification structure. Religious or
ideological groups can set
up their own schools. If they meet all the
conditions these private schools are funded in the same way as public-authority
schools.
The majority of schools in the Netherlands (some 65 per cent) are
private. Comparable freedoms exist regarding the provision of
religious
education.
C. Leisure, recreation and cultural activities (art.
31)
School hours and leisure
- The
Ministry of Education, Culture and Science determines the number of hours
children spend at school each year, as well as the length
of the school
holidays. The summer holidays are six weeks in the case of primary and
special schools, and seven weeks in the case
of secondary schools. On average,
primary schoolchildren are taught for 22 periods a week in the first
two years at school and 25
periods in the remaining six years. They are
never taught for more than 5.5 hours a day. The school authorities must provide
facilities
to enable primary schoolchildren to stay at school during the lunch
break. Secondary school pupils are taught for approximately
28 periods a week,
40 weeks a year. On average, their homework amounts to 710 hours a week.
In the second stage of senior general
secondary education (HAVO) and
preuniversity education (VWO) the average study load is 40 hours a week,
including sporting and cultural
activities that are part of the curriculum.
- One
major change in the way young people spend their leisure time is the shift from
collective activities in the public domain (streets
and sports centres) to
individual activities in the home. They also have less leisure time than they
did 10 years ago - on average
40 hours a week in the case of school children.
Less and less of this time is spent with the family. As a result, young people
are doing less voluntary work and participating less in social and cultural
activities organized by youth services.
- A
survey of how secondary school pupils spend their time is carried out once every
two to three years. The 1999 survey showed a sharp
rise in participation in
cultural activities (visits to museums, cinemas and theatres) in the upper forms
of secondary school. This
is undoubtedly due in part to the free issue of the
Cultural Youth Passport (a pass entitling the holder to see films, plays,
concerts,
etc. at reduced rates) to all schoolchildren in this age group and the
introduction of arts vouchers as part of education in the
arts. The Social and
Cultural Planning Office plans to publish an extensive report on how young
people spend their time before the
end of
2002.
Culture
- Introducing
children and young people to culture and art is a priority. To this end, extra
funds have been made available for the
following activities:
- − Art
institutions and cultural activities specifically for the young (theatres,
films, literature, etc.);
- − Encouraging
young people to take an active part in the arts through amateur clubs and other
means. Under the Kunstbende initiative, national youth competitions have
been set up in all branches of the arts. Other stimuli include the Grote
Prijs der Nederlanden (a pop award), youth orchestras and a theatre festival
for schoolchildren;
- − Performing
arts bodies and museums are encouraged to develop activities for the young, in
partnership with schools and libraries;
- − Cultural
education in primary and secondary schools is promoted by incorporating arts and
culture in the curriculum and by
strengthening ties between schools and cultural
organizations. The first move in this direction came with the 1996 policy
document
on schools and culture, and progress is monitored on a yearly
basis.
- The
above merely supplements existing initiatives. Some 80 schools offer an
extended school day, in which the extra hours are chiefly
devoted to arts
education. Municipal authorities facilitate introduction to arts and culture
outside school hours. Music schools
and art centres (about 240 throughout the
Netherlands) offer an accessible range of courses, and social services also
organize cultural
activities for youngsters.
Sport
- In
the Netherlands, where water is everywhere, it is essential that children learn
to swim. This year the Government, in partnership
with the municipal
authorities, has launched a campaign to teach all children in the Netherlands to
swim. The year 2001 saw the
completion of the Young People on the Move Project
(Jeugd in Beweging). Its aim was to promote an active lifestyle in
general and sport in particular. It was based on a partnership between schools,
sports clubs and other civil society organizations. The Dutch Institute for
Sport and Movement is now organizing follow-up activities
fostering municipal
coordination in such areas as partnerships between schools and sports clubs.
The Ministry of Health, Welfare
and Sport will provide municipalities with the
necessary funds, rising to 30 million guilders in 2002. The municipalities can
supplement
this by using some of their educational disadvantage budget to
promote participation in sports among disadvantaged
pupils.
VIII. SPECIAL PROTECTION MEASURES
A. Children in emergency situations
1. Refugee children
(arts. 22 and 39)
Unaccompanied minor asylum-seekers
- Unaccompanied
minor asylum-seekers receive special care and attention. A staff member of the
Dutch Refugee Council helps to prepare
them for the interview in which they
explain their reasons for seeking asylum to an official of the Immigration and
Naturalization
Service (IND) and may also attend the interview. IND officials
are specially trained for these interviews, and take the minor’s
age and
mental development into account. As from the end of 2001/early 2002,
minors under 12 years of age will also be given an
opportunity to be
heard.
Policy: greater emphasis on return
- A
large number of unaccompanied minor asylumseekers (AMAs) request asylum
in the Netherlands. Their number increased from 2,660 in
1997 to
6,705 in 2000, representing 15 per cent of the total number of
asylumseekers. The current situation, in which there is a
large influx of AMAs,
few of whom return to their country of origin, and in which AMA facilities are
being abused by asylumseekers
who have reached the age of majority, prompted the
Government to draft two policy memoranda proposing new measures, which it sent
to Parliament on 24 March 2000 and 1 May 2001 respectively. Both memoranda -
mindful of the best interests of the child, which are
in principle served by
restoring its relationship with its parents, family and/or social environment -
propose the following:
- − Measures
to step up the fight against people smuggling;
- − Measures
to curb the influx of AMAs;
- − Measures
to promote their return to the country of origin.
In this
new policy, the possibility of return will be investigated far more vigorously
than before, while naturally taking account
of the minor’s position and
the situation in the country of origin. In contrast to the current emphasis on
helping AMAs integrate
into Dutch society, preparation for their return will in
future be a fixed part of the help provided to minors who must return to
their
country of origin. Of course, minors who are expected to be allowed to remain
in the Netherlands will, as before, be prepared
for integration into Dutch
society.
- If
there is no one to care for the minor in the country of origin, he or she may be
eligible for a residence permit. Those concerned
are accommodated at a special
investigation and reception centre for minors, which employs staff to supervise
and care for them.
Each unaccompanied minor is first assigned a guardian.
After a few months at such a centre, minors are transferred, depending on
their
age, to a host family, a communal living project, a small residential unit or an
asylum-seekers centre if the guardian deems
this appropriate. In all cases
minors are sent to school and prepared for Dutch society.
2. Children in armed conflict (art. 38)
- The
Convention lays down a minimum age of 15 for recruitment to or membership of the
armed forces and for participation in armed conflicts.
In the Netherlands, the
minimum age for both membership of the armed forces and participation in armed
conflicts is higher than
15. Since 1997 the Dutch armed forces have consisted
wholly of persons joining of their own free will. Compulsory military service
does not exist. The minimum age at which one can join the armed services is 17,
and no military personnel under 18 years of age
are deployed in peacekeeping or
peace enforcement operations, or in other international operations in trouble
spots.
- As
already noted in the Introduction, the Netherlands signed the Optional Protocol
on the involvement of children in armed conflict
in 2000 and has set in motion
the procedure for its ratification.
B. Children in conflict with the law
1. Administration of
juvenile justice (art. 40)
Reservations to the Convention
- The
Netherlands has entered a reservation to article 40 of the Convention. After
due reflection, the Government remains convinced
that the courts must retain the
freedom to settle cases involving minor offences without the accused having
secured legal counsel.
At issue here are offences such as rowdy behaviour and
noise nuisance, cycling without a light, and so forth. To expedite proceedings
it should not be necessary to wait until the accused has legal counsel. It
should be added that the persons accused are always free
to take along a lawyer
of their own choosing, or to request one. In the latter case, the request will
be considered in the context
of the circumstances. In certain specific cases a
lawyer may be assigned.
Life imprisonment
- It
is theoretically possible for a minor standing trial under adult criminal law to
be sentenced to life imprisonment. In practice,
however, this does not occur.
If a minor commits an offence that is so serious as to justify the application
of adult criminal law
and the highest penalty for which that law provides - life
imprisonment - the court will in general impose a hospital order including
care.
This order may be imposed in addition to a long but finite term of imprisonment,
and is renewable at yearly or two-yearly intervals.
Any minor who nonetheless
received a life sentence would in principle be pardoned after
20 years.
Juvenile justice/throughput times
- Throughput
times in juvenile justice are a constant area of concern. In 2000, when
indications suggested that these times had not
been reduced, the Ministry of
Justice conducted a “quick scan” of the time taken at each
successive stage of the criminal
justice system for juveniles, from the action
taken by the police up to and including the imposition of a sanction. The
findings
confirmed the initial indications. As far as quantifiable variables
are concerned, a significant proportion of the current throughput
times fail to
meet the standards required from the vantage point of child development, which
calls for each such case to be dealt
with and concluded swiftly. There is too
little harmonization between the methods employed by the various bodies
involved. Parliament
has since urged that the throughput times be substantially
reduced.
- The
State Secretary for Justice has now prescribed a number of standard time limits,
which she assumes will be met in at least 80
per cent of all juvenile
cases by 2003. All the bodies involved in juvenile criminal justice have now
set up a joint project to
improve the logistical and administrative procedures
between them, the aim being to meet the set norms by 2003. The basic point
of departure is that each organization will be responsible for meeting the set
deadlines.
“Stop” assignments
- Children
under 12 years of age who commit minor offences such as vandalism, theft,
illegally setting off fireworks and rowdy behaviour
may be given a brief
corrective assignment. Parental consent is required. The aim is to provide a
voluntary aid, free of obligations,
to help parents and carers correct their
child’s behaviour. A “Stop” assignment is not a statutory
sanction; this
would be impossible, since children under 12 years of age
cannot be prosecuted. The point of the assignment is to make it clear
to the
child, in an appropriate manner, that criminal behaviour is unacceptable. The
assignment may consist of an interview, writing
an essay, answering the
questions on a form, or apologizing to the injured party. The assignment may on
no account involve any kind
of work. If a child is considered eligible for a
“Stop” assignment, the police will suggest it to the parents, making
it clear that participation is voluntary. The proposal is also handed to the
parents in writing, together with the conditions.
Parents then decide whether
or not to give their written consent to the child’s participation. In
principle, a child can be
given a “Stop” assignment once only. It
may however be given a second time at the specific request of the child’s
parents or carers, provided the public prosecutor agrees. “Stop”
assignments were initiated on 1 May 1999 on a trial
basis. An evaluation
project set up to monitor the trial revealed that many parents found them a
useful form of support. They can
also play a part in the early identification
of children whose behaviour threatens to become a problem. They were introduced
nationwide
on 1 August 2001. A study of repeat offending is to be launched as
soon as possible.
2. Children who are deprived of their liberty (art. 37
(b)-(d))
The obligation to provide information and to grant a
hearing: juvenile detainees; Young Offenders’ Institutions Framework
Act
- The
Young Offenders’ Institutions Framework Act, which entered into force
on 1 September 2001, prescribes rules for informing
and granting
a hearing to juvenile detainees. In addition to the general obligation to
provide information about confinement in
a young offenders’ institution,
the Act defines precisely those cases in which staff are required to grant the
juvenile a hearing
before making a decision restricting his/her rights. Where a
hearing must be granted by law, the juvenile must also be given written
notification (section 62 of the Young Offenders’ Institutions Framework
Act). No restrictions may be imposed other than those
necessary for the
purposes of the detention, to maintain order or security in the institution, for
the juvenile’s mental or
physical development, or to implement the plan
drawn up for the juvenile’s detention or treatment.
Execution of sentences and non-punitive orders
- The
execution of sentences and non-punitive orders, which must commence as soon as
possible after their imposition, emphasizes a juvenile’s
development and
is geared, as far as is possible, to preparing his return to society. The Act
indicates that there are two ways
to execute a sentence or non-punitive measure,
namely by confinement to a young offenders’ institution or, following on
from
this, in the final phase of the sentence or order - and this is new policy
- by enrolment in an educational and training programme
(STP). A juvenile who
has been enrolled in a programme of this kind no longer lives at a young
offenders’ institution, but
at home or in another youth services
establishment. Preparing and enforcing participation in an STP is the joint
responsibility
of the governor of the institution (who retains final
responsibility) and the juvenile probation and aftercare service (which provides
guidance and supervision). A detention or treatment plan is drafted, in
consultation with the minor where possible, that covers
the entire duration of
the minor’s stay in the young offenders’ institution, until the end
of the sentence or non-punitive
order. This includes the STP phase. If a
juvenile is confined to a detention centre for more than three months, a
detention plan
will be drawn up (sections 20-21 of the Young Offenders’
Institution Framework Act). If he/she is confined to an institution
for
treatment, a treatment plan will be drawn up, in consultation with the minor
himself/herself where possible (sections 25-30,
of the Young Offenders’
Institution Framework Act).
Right of complaint
- The
Young Offenders’ Institution Framework Act distinguishes between different
rights of complaint. First, the juvenile can
ask the supervisory
committee’s duty member for the month to mediate in all kinds of matters
affecting him personally. He
can also lodge a complaint with the complaints
committee against a decision made by or on behalf of the institution’s
governor.
The complaints procedure leads to a decision that is binding on the
governor. In the case of mediation, however, this is not the
case, although the
governor is required to state how he intends to respond to the duty
member’s findings. The mediation procedure
is also open to the
juvenile’s parents (or guardians, step-parents, or foster parents)
concerning matters that have arisen
in the institution and that concern them
personally. Appeals against the complaints committee’s decisions can be
filed with
the Council for the Application of Criminal Law and Youth
Protection.
- The
Ministry of Justice’s medical adviser will mediate in an effort to resolve
complaints about medical intervention. If this
fails, the juvenile can appeal
to a special appeals committee of the above-mentioned Council, whose members are
medical practitioners.
The juvenile can also address to the Council any
objections to decisions taken at the central level by the placement officer or
the Minister. The placement officer’s decisions are preceded by an
objections procedure.
Trends in residential and non-residential
capacity
- It
has become clear in recent years that the capacity for all kinds of punishment
facilities for juveniles needs to be increased.
This is attributable not so
much to increased juvenile crime rates as to population growth, a more
consistent policy on enforcement,
and longer stays in residential facilities.
The number of places in young offenders’ institutions has increased as
follows:
1997: 1,410 places
1998: 1,581 places
1999: 1,700 places
2000: 1,906 places
It is predicted that 3,044 places will be needed in 2007.
Waiting lists for young offenders’
institutions
- The
existing capacity of young offenders’ institutions has proved inadequate
to cope with the greatly increased demand in recent
years. As a result, young
offenders - especially those assigned to an institution providing treatment -
often have to spend some
time on a waiting list. This situation has given rise
to considerable public concern in the past two years, as a result of which
extra
money has been made available to further expand the capacity of the young
offenders’ institutions. As long as the demand
for places continues to
increase, however, this extra money is not expected to solve the problem
completely, and the matter will
therefore continue to require extra attention
over the next few years.
Treatment in young offenders’ institutions
- There
are two types of young offenders’ institutions: detention centres and
treatment centres. In detention centres, inmates
receive guidance to foster
their development. Stays are generally shorter than in treatment centres,
which, besides developmental
guidance, also treat for what are often serious
behavioural problems. Treatment is based on teaching practical, social and
problem-solving
skills, changing irrational patterns of thought and stimulating
moral development. Both types of institution are required by law
to offer
inmates a programme lasting 12 hours on weekdays and 8.5 hours on Saturdays
and Sundays.
Specific treatment centres
- Some
treatment centres focus on specific groups of young offenders. Den Engh, for
instance, a centre in Den Dolder, focuses on young
people with learning
difficulties and serious behavioural problems. In recent years they have been
using the “Socio Groups”
system. This entails admitting groups of
10 to 12 young people at the same time, who follow a programme divided into six
educational
stages lasting a total of 18 months to two years. The young people
are kept confined at the beginning and are gradually given more
freedom; the
programme concludes with individual training or a period of adjustment in
society.
- Harreveld
Young Offenders’ Institution uses a psychodynamic approach to treat young
sex offenders. The Ministry of Justice
has also purchased a number of places at
the Glen Mills School, an establishment set up specifically for social
delinquents aged
14 to 17 who are sensitive to group pressure. It is based on a
model used in the United States of America. Appropriate behaviour
is rewarded
with privileges and higher status. Academic and sporting achievements also
confer higher status. The young offenders
placed here follow a programme
lasting at least 12 months.
Education at young offenders’ institutions
- Education
accounts for the lion’s share of activities at young offenders’
institutions. At private institutions it is
provided by the Ministry of
Education, but at State institutions it is currently in the hands of the
institution’s own educational
staff. As from 1 August 2002, however, this
inequality will be corrected, and State institutions too will provide schooling
approved
by the Ministry of Education. Furthermore, cooperative arrangements
with other types of school will be introduced, allowing for
a more
differentiated range of courses.
Placing minors who have been sentenced under the criminal
law together with minors in residential care under civil law
- During
the debate on the Young Offenders’ Institutions Framework Bill (see
part VIII.B.2) the House of Representatives raised
the issue of placing
young offenders sentenced under the criminal law together with others who have
been placed in residential care
under the civil law. The matter was
investigated. A variety of aspects were considered, such as the problems of the
target groups,
accounts of how joint placement works in practice, comparison
with neighbouring countries, legal considerations, reoffending, and
the
consequences in terms of supervision and quality. The investigation led to the
conclusion that placing the two groups together
does not lead to undesirable
situations. The issue will be reconsidered as part of the evaluation of the
Young Offenders’
Institutions Framework Act, scheduled for three years
after the Act entered into force.
Detention of aliens/children at the border detention centre
for asylum-seekers
- The
measure of detaining aliens pending their expulsion from the Netherlands is
applied as sparingly as possible where children are
involved. Minors under 18
years of age are placed in a special division of the aliens’ detention
centre in Tilburg that is
separate from the centre for adults. There they
receive extra care and attention and follow a special programme in which
education
figures prominently.
- In
general, children housed in the border detention centre are accompanied by one
or both parents. The centre has a separate wing
for families with children,
with special features such as a playground and educational
facilities.
Understaffing at young offenders’ institutions
- Young
offenders’ institutions, like other sectors of society, are afflicted by
increasingly serious staff shortages as a result
of the inelasticity in the
labour market. This, combined in recent years with relatively high percentages
of staff who cannot be
deployed, has made it impossible for some institutions to
provide the full statutory programme, as a result of which young people
have
sometimes had to spend longer periods in their rooms than is allowed by law.
Nationwide recruitment drives have been launched
to solve the problem.
Aftercare
- To
help young people who have been deprived of their liberty - whether because of a
custodial sentence or a non-punitive order - and
to prepare for their
reintegration into society, numerous agencies operating under the auspices of
the Ministry of Justice as well
as organizations involved with matters of
guardianship and aftercare signed a covenant in 2000, under which they agreed to
the temporary
deployment of the youth probation and aftercare authorities to
help prepare the aftercare accompanying release after a sentence or
non-punitive
order. They also agreed that if the last part of the sentence or order takes
place on a nonresidential basis, aftercare
should be attuned to the supervision
provided in that context.
C. Exploitation of children
1. Economic exploitation of
children, including child labour (art. 32)
Legislation and regulations
- As
announced in the Netherlands initial report, the Working Conditions Decree has
now come into effect. The Netherlands also has
a new Working Conditions Act.
The Decree has fewer prescriptive and proscriptive provisions than the old
regulations in the 1919
Factories Act or the Working Conditions Act. It does,
however, contain an absolute ban on certain activities for children under
18,
besides defining certain kinds of work that 16- and 17-year-olds can only do
under expert supervision, and that cannot be done
at all by children under 16
years of age.
- In
its position paper on socially responsible business practice, the Government
stated that the fundamental labour norms, as enshrined
in the International
Labour Organization (ILO) Declaration on Fundamental Rights and Principles at
Work, unanimously adopted by ILO
members in 1998, are not just binding on
Governments; employers and trade unions too have committed themselves to
promoting compliance
with them. The Government is of the opinion that socially
responsible business practice develops in a “bottom-up” fashion,
starting with individual companies. In line with this view, the Government does
not see legislation as the right instrument to achieve
this goal, but thinks
that the Government’s role should be to facilitate and to encourage.
Preparations are currently under
way to set up an independent national knowledge
and information centre to gather and disseminate information and to initiate
research
projects. For the rest, the Dutch Council for Accounting Standards has
been asked to recommend ways of integrating social issues
into company reports.
The Government wants to encourage commercial companies to increase the
transparency of their reporting in
this area.
- The
Netherlands intends to ratify the ILO Worst Forms of Child Labour Convention
(Convention No. 182) in the very near future. The
Government has already
complied with the main obligation it imposes, which is to draw up a programme of
action. After consultations
with social partners and NGOs, this programme of
action was sent to the House of Representatives of the States General and
debated
there at the end of May 2001. Its focus is not on drafting regulatory
measures to eliminate the worst forms of child labour, as
existing legislation
and regulations already provide for a comprehensive ban on the worst forms of
child labour. Instead, it is
geared towards preventing children from ending up
in a situation of child labour, and towards the enforcement of existing
legislation.
The programme of action includes an overview of the Netherlands
international activities in this area.
Enforcement policy
- The
Labour Inspectorate, a department of the Inspection and Information Service of
the Ministry of Social Affairs and Employment,
monitors compliance with
legislation on child and youth labour. In the event of serious infringements,
the Inspectorate immediately
draws up an official report or imposes an
administrative fine. With infringements of a less serious nature the offender
is first
issued with a warning. When the Inspectorate discovers that a child
aged 12 or under is involved in the work process it immediately
draws up an
official report on both the employer and the child’s parents or
guardian.
- The
Labour Inspectorate conducts annual investigations to monitor compliance with
legislation relating to the Working Hours Act and
the Working Conditions Act
concerning children and young people. Furthermore, major surveys were performed
in 1998 and 2000 focusing
specifically on children and young people in the
catering and retail industries. Questionnaires were issued to over 700
companies
employing children and young people. The findings are being used to
assess the risk of violations of statutory provisions on child
and youth
labour.
- The
Labour Inspectorate often conducts inspections on a project basis, and some of
its projects specifically supervise compliance
with regulations governing child
labour. The emphasis tends to be on branches of industry that employ many
children and young people,
such as the retail trade, catering and agriculture,
and on the period during which they work, such as the summer holidays. Some
1,500 inspections have been conducted annually in the framework of the projects
conducted since 1997. Young people under 18 years
of age are encountered in
about 70 per cent of the companies inspected. About
45 per cent of the companies are pronounced wholly
satisfactory. The
violations that are encountered have to do with the nature of the work performed
by children and young people,
their working hours and failure to use proper risk
assessment and safety procedures.
- Compliance
with legislation is promoted in ways other than monitoring and enforcement.
Another important method is disseminating
information, for instance through
large information packages supplied to schools, a pamphlet (printed in several
languages) on the
rules governing child and youth labour, and a factsheet on
youth labour aimed primarily at employers. The Ministry of Social Affairs
and
Employment will shortly be opening a special youth web site. It will focus on
the legislation and regulations applicable to
young people, but it will include
a few pages devoted to the global problem of child labour.
Estimate of the number of minors aged 13-18 doing paid
employment
- It
is impossible to give precise figures on the number of young people who have
paid jobs. Cautious estimates may be based on the
National Survey of
Schoolchildren for 1999-2000, conducted by the National Institute for
Information on Consumer Budgets (NIBUD)
and studies carried out by the Labour
Inspectorate. The National Survey of Schoolchildren compiled statistics on
13,000 pupils aged
12 and over, divided into subgroups that are representative
of the country as a whole.
- The
survey revealed that 63 per cent of schoolchildren had part-time or
holiday jobs, from newspaper rounds and babysitting to work
as shop assistants
and doing odd jobs. In the remaining statistics a distinction was made between
part-time and holiday jobs.
- In
1999, 48 per cent of those questioned replied that they had a
part-time job of some kind on weekdays, with the figures for boys
(49 per cent) being slightly higher than those for girls
(48 per cent). Table 7 below, with a breakdown by age, shows that
older
pupils are more likely to have jobs.
Table 7
Percentage of schoolchildren in paid employment, by
age, 1999
|
Paid employment (in %)
|
12-13
|
28
|
14-15
|
52
|
16-17
|
67
|
18+
|
75
|
- Schoolchildren
work an average of 7.5 hours a week - the figures being the same for boys and
girls - ranging from 5 hours a week for
13-year-olds to 8.9 hours a week in the
highest age group.
- In
1999, 38 per cent of schoolchildren had a holiday job
(41 per cent for boys as against 35 per cent for
girls). Table 8 below gives
a breakdown of these figures by age. The average
working week was 28 hours, ranging from 25 hours a week for girls to 31 hours a
week for boys.
Table 8
Schoolchildren with holiday job experience, % by
age
|
Holiday job experience (in %)
|
12-13
|
21
|
14-15
|
40
|
16-17
|
54
|
18+
|
56
|
- The
Labour Inspectorate investigated 1,700 companies in the Netherlands
in 2000, 18 per cent of which employed young people aged 13
to 17. In most cases (17 per cent) the employees were 16-17 years of
age. Only 3 per cent of companies employed 15-year-olds, and
only
1 per cent had employees in the 13-14 age range. The work consisted
primarily of serving/washing up/kitchen work, filling shelves
and/or manning
cash desks, and other salesrelated activities.
2. Drugs (art. 33)
- Dutch
policy on drugs seeks to prevent and limit the risks associated with drug use,
to the user, to his or her immediate environment,
and to society. Demand for
drugs can be discouraged and the risks of drug use reduced by pursuing a
professional care and prevention
policy. Dutch drugs policy also focuses on
maintaining public order and combating drug-related nuisance, and on reducing
the supply
of drugs by combating drug trafficking, which is often part of
international organized crime. To facilitate the effective enforcement
of the
Opium Act 1976, the Board of Procurators-General issued revised guidelines for
investigations and prosecution, which took
effect on 1 January 2001. They
contain special provisions concerning minors - for example, they devote special
attention to the
production of drugs by minors and sales to minors.
- Activities
set up to inform and educate young people about drugs have been in place for
years. Research shows that while education
makes people better informed and
changes attitudes, it does not have sufficient impact on actual behaviour.
Broader-based prevention
programmes are therefore considered more important in
the Netherlands. Besides providing information, prevention programmes also
promote behavioural skills, by making young people more selfreliant, teaching
them to deal with peer pressure, and helping them learn
how to make their own
decisions. Recent encouraging trends show signs of stabilization, or even of a
decline, in the consumption
of drugs by schoolchildren in the Netherlands. For
the first time in 16 years, the four-yearly Youth Health Survey shows a decline
in the consumption of most drugs in the Netherlands by youngsters in the 10-18
age group (cannabis from 10.7 per cent in 1996 to
9.3 per cent, ecstasy from 2.2 per cent to
1.4 per cent, heroin from 0.5 per cent to
0.4 per cent, and cocaine from 1.1 per cent
to
1.2 per cent).
- The
evidence points to big changes in both patterns of consumption and the reasons
for taking drugs. Furthermore, trends follow one
another in quick succession.
In order to anticipate trends effectively, a new approach to prevention is
required. This must include,
in any case, long-term involvement in young
people’s social environment, through a range of activities, channels and
locations:
a community approach in the literal sense, linked to activities at
schools and supported by media campaigns. The active participation
of young
people is essential.
- The
Netherlands Institute of Mental Health and Addiction has developed projects
relating to drugs and alcohol as part of its programme
“intoxicants and
the healthy school”, which is geared towards the development and
implementation of school health care
policy. Besides the traditional approach
to health education in the classroom, these projects focus on the school
environment and
care for pupils at school and in the surrounding area. Each
school develops its own healthcare policy in relation to alcohol, drugs,
medication, tobacco and gambling. In addition to regular classes, this policy
includes identifying and helping pupils who have problems
in these areas, school
rules banning the use of intoxicants at school, and working with parents. The
pupils, not only at secondary
school but also in the higher classes of primary
school, are approached via intermediaries. Local and regional organizations,
particularly
municipal health services and care organizations for addicts,
maintain contact with schools. They target their activities at all
relevant
groups: teachers, student supervisors, school management, parents, and the
pupils themselves. In 2001, 75 per cent of
secondary schools implemented
the project on a structural basis.
- Involving
young people in debate is an important way of finding out what they think and of
discovering new ways of reaching them.
In 2001 youngsters chose the topic of
cannabis for the annual National Youth Debate with a panel including the Health
and Justice
Ministers. The subject was discussed in an open atmosphere and
political decisions were explained. The need for reliable, factual
information
and prevention was emphasized.
3. Sexual exploitation (art. 34)
Child prostitutes
- The
National Plan of Action on Child Sex Abuse (NAPS) devises methods to identify
child prostitutes at an early stage and to rehabilitate
them. A research agency
was commissioned to draw up a systematic survey of all existing methods, after
which a handbook of good
practices was prepared, based on the findings. In
addition, the Ministry of Health, Welfare and Sport gives the Organization
against
Trafficking in Women structural support in the form of an annual subsidy
of NLG 500,000 to ensure that the victims of trafficking
in women receive proper
care and assistance. This includes help for child prostitutes. The
Organization works closely with other
agencies providing care and assistance,
with the police and the courts, with informants on trafficking in women, and
with national
and municipal authorities, and has thus built up a nationwide
network. Examples include cooperation with the agency De Opbouw to help
underage asylumseekers who have ended up in prostitution, and cooperation with
youth and welfare services and women’s
organizations to help prostitutes
from all backgrounds. Municipalities are free to use subsidies earmarked for
care for women to
provide facilities for child prostitutes. The House of
Representatives has asked for 500,000 euros to be made available from the
budgetary resources of the Ministry of Health, Welfare and Sport for the
“Asja” reception centre for child prostitutes
in Leeuwarden.
- The
Ministry of Health, Welfare and Sport has created a special
“prostitution” section within the programme for sex-related
care for
the years 2001-2004. An annual sum of NLG 750,000 has been set aside for
this purpose. The Ministry intends to use this
money to help achieve one of the
objectives of the repeal of the ban on brothels, namely to protect prostitutes
and improve their
position, especially in the area of care and welfare. In the
implementation of this programme, special emphasis will be placed on
the diverse
subgroups involved, including child prostitutes.
- The
initial report mentioned a bill to prevent and combat sexual harassment. The
relevant act has since entered into force. It lays
down an obligation to report
all sexual misdemeanours involving schoolchildren. It also prescribes the code
of conduct to be followed
in the event of a sexual relationship between teacher
and pupil.
- As
noted in the introduction, the Netherlands signed the Optional Protocol on the
sale of children, child prostitution and child pornography
in 2000 and has set
the ratification procedure in motion.
Scrapping the double criminality requirement
- The
Government does not yet envisage any possibility of dropping the requirement of
double criminality. In the Government’s
opinion, this will only be worth
considering when there is more agreement at the international level concerning
the scope of criminal
legislation on child sex abuse and the measure of
protection it affords. For the record, the Government would also call attention
to the fact that even if the requirement of double criminality were abandoned,
it would remain difficult to gather evidence for effective
prosecution in cases
involving exploitative practices of this kind. After all, in the country where
the evidence must be gathered,
the act concerned is not a criminal
offence.
D. Education for ethnic and linguistic minorities (art.
30)
- Of
the minority languages originating in the Netherlands, the most widely spoken is
Frisian, which is taught at primary and special
schools and in the first few
years of secondary education in the province of Friesland. Primary schools in
Friesland are also permitted
to use Frisian as the language of instruction.
- The
main ethnic minorities in the Netherlands are the Turkish, Moroccan, Surinamese
and Antillean communities. There are also Greeks,
Italians, people from the
former Yugoslavia, Cape Verdeans, Portuguese, Spaniards, Tunisians, Moluccans
and Romany groups, as well
as caravandwellers. In addition there are refugees.
All these groups are targeted by minorities policy.
- Ethnic
minorities have a high percentage of young people relative to the rest of
the population, especially in the four largest cities.
In Amsterdam,
57 per cent of primary school pupils are from ethnic minorities,
in The Hague the figure is over 49 per cent, in Rotterdam
55 per cent, and in Utrecht over 42 per cent. Projected
figures show that 62 per cent of schoolleavers in Amsterdam
will be from
ethnic minorities around the year 2005.
- The
Netherlands will implement the Framework Convention for the Protection of
National Minorities in respect of Frisians and persons
who are lawfully resident
in the Netherlands and belong to one of the following groups: Greeks, Italians,
persons from the former
Yugoslavia, Cape Verdeans, Moroccans, Portuguese,
Spaniards, Tunisians, Turks, Surinamese, Antilleans, Arubans, refugees,
asylumseekers,
caravandwellers and Romany groups.
Minority language and culture teaching
- The
Minority Language Teaching Act (OALT) came into effect on 1 August 1998, giving
municipal authorities primary responsibility for
providing minority language
teaching. Municipal authorities decide which languages are offered on the basis
of the stated needs
of the parents of children from ethnic minorities and in
consultation with school boards. In principle, all minority languages are
eligible for consideration.
- The
Minority Language Teaching Act has a dual objective. The first is to teach
children their mother tongue and help them to maintain
their ties with their own
culture. This involves minority language instruction outside the regular
timetable, which is offered to
all pupils in primary education not only by
schools, but by other institutions as well. The second objective is to enable
municipalities
to boost Dutch language skills as part of their compensatory
policy (Gemeentelijk Onderwijs Achterstandenbeleid) by using OALT
resources. Classes provided in this framework are taught within the regular
curriculum. At present, this is only
possible in the lowest grades of primary
school. An amendment is currently under preparation to extend this facility to
the higher
grades of primary school too.
- Plans
are under way to change the course of minority language teaching with effect
from 1 August 2004. The Education Council was
asked for its
views on how it should be developed, and implementation of the Act will be
charted in all municipalities receiving
OALT resources. Both reports will
contain important elements of the new approach. All relevant parties (municipal
authorities,
organizations representing ethnic minorities, trade unions, etc.)
will be involved in these plans. In anticipation of the new approach,
the House
of Representatives has agreed to extend the scope for using OALT resources for
Dutch language support to the upper grades
of primary school.
- Many
children from ethnic minorities still lag behind quite considerably upon
starting school, but they made large strides in the
years 1988-1998. In the
upper grades of primary school they indeed progressed more rapidly in this
period than their Dutch counterparts.
In Dutch they lag behind by two years at
most, while in arithmetic the difference is only six months. Those
attending schools with
large numbers of children from ethnic minorities have
progressed at the same pace as those at other schools. Better primary school
results mean that more children from ethnic minorities are going on to more
advanced forms of secondary education and that they are
in general doing better
at secondary school.
- To
counter disadvantage among ethnic minorities in terms of language skills and
knowledge the Netherlands also has programmes aimed
partly at the parents.
These include:
- − Policy
geared towards early childhood education, focusing on ethnic minority children
in the 0-8 age group and their parents.
Young children are prepared for school
in a range of “Headstart” and similar family-oriented programmes
(Instapje, Opstapje, Opstap and Overstap);
- − Policy
designed to combat early school leaving among ethnic minority children,
involving parental participation and the cooperation
of welfare
services.
-----
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