03/03/2014 - Human Rights Council - Session 25Summary:
This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
UN Human Rights Committee
CCPR/C/NLD/CO/4
Last reported: 14 / 15 July 2009
Concluding Observations issued: 27 July 2009
Issues raised:
Medical testing on children: The Committee notes that medical experimentation involving minors is currently permissible in the State party in two cases: either where it would be of direct benefit to the child concerned or, instead, where the participation of children is a necessary component of the research and the experimentation is deemed to have a “negligible” effect. Nevertheless, the Committee remains concerned that the law does not contain adequate safeguards in relation to medical experimentation requiring the involvement of children. (arts. 7 and 24) . (Paragraph 8).
The Committee reiterates its recommendation that the State party should ensure that minors are not subjected to any medical experiments which do not directly benefit the individual concerned (non-therapeutic research) and that safeguards in general are fully consistent with the rights of the child, including with regard to matters of consent.
Child abuse: The Committee is concerned at the problem of child sexual abuse in the State party. Even with the “Children Safe at Home” Action Plan, the Committee is concerned that the efforts deployed to protect children are inadequate and that many cases of abuse are not reported. (arts. 7 and 24) . (Paragraph 17).
The State party should strengthen its efforts to combat child abuse by improving mechanisms for its early detection, encouraging reporting of suspected and actual abuse, and by requiring authorities to take legal action against those involved in child abuse.
THE NETHERLANDS ANTILLES
Children born out of wedlock: The Committee commends the State party on the amendment to the law allowing for the judicial declaration of paternity in respect of children born out of wedlock. However, it is concerned that children born out of wedlock continue to suffer discrimination through the loss or limitation of their right of inheritance.(arts. 2 and 26) (Paragraph 21).
The State party should amend its legislation with a view to removing all provisions which discriminate against children born out of wedlock in matters of inheritance.
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UN Committee on Economic, Social and Cultural Rights
E/C.12/NLD/4-5,Add.1andAdd.2)
Last reported: 10 / 11 November 2010
Concluding Observations issued: 19 November 2010
Issues raised:
Minority groups: The Committee urges the State party to pay particular attention to the situation of migrants and persons from ethnic minorities in the Netherlands and calls on the State party to:
(a) Identify any difficulties faced by these groups in accessing employment, housing, health and education, and take the necessary remedial steps;
(b) adopt and implement targeted policies and programmes to improve their situation;
(c) take all necessary measures to combat racism and xenophobia, including through the use of media and education to overcome stereotypes and promote diversity, bearing in mind that changing attitudes will necessitate long-term efforts reaching out to the public at large;
(d)enforce effectively the legal prohibitions against discrimination in the enjoyment of economic, social and cultural rights; and
(e) provide in its next periodic report comparative statistics on the enjoyment of economic, social and cultural rights by migrants and persons from ethnic minorities, and the rest of the population.
Children with disabilities: The Committee notes with concern that persons with disabilities face discrimination in the enjoyment of economic, social and cultural rights, particularly in the field of employment and education. (art. 2 (2)) (Paragraph 13).
The Committee calls on the State party to continue its efforts to promote integration of persons with disabilities in the labour market and to facilitate their access, physical or otherwise, to education. The Committee recommends that the State party take all necessary measures to ensure that all persons with disabilities enjoy the same economic, social and cultural rights as the rest of the population, according particular attention to their accessibility to public places. In this regard, the Committee draws the attention of the State party to its General Comment No. 5 on persons with disabilities (1995).
Corporal punishment: The Committee regrets that corporal punishment is not prohibited in Aruba. (art. 10, 13) (Paragraph 22).
The Committee urges the State party to introduce a statutory prohibition of corporal punishment in the home and in all educational settings in Aruba, in line with article 10 of the Covenant and the Committee’s General Comment No. 13 on the right to education (1999) which refers to the fact that corporal punishment is inconsistent with the fundamental principle of dignity of the individual.
Discrimination: The Committee notes with concern that boys face discrimination in all the islands of the former Netherlands Antilles, which affects their education, as confirmed by a survey conducted by the State party. (art. 10, 2(2)) (Paragraph 23).
The Committee calls on the State party to continue to address the problem of discrimination faced by boys in the islands of the former Netherlands Antilles by attending to its root causes, such as the societal stereotypes about, and expectations from, boys and girls. In this regard, the Committee recommends that, in addition to the involvement of parents and teachers, the policies to be adopted and implemented also comprise public awareness campaigns to change the public’s attitudes towards gender roles and the education of boys and girls.
Juvenile justice: The Committee is deeply concerned that asylum-seekers and unaccompanied minors in the Netherlands have been held in detention for long periods of time. The Committee also regrets that undocumented migrants, including families with children, are not entitled to a basic right to shelter and are rendered homeless after their eviction from reception centres. The Committee is also concerned that, although undocumented migrants are entitled to healthcare and education, in practice they cannot always have access to either. (art. 11, 10, 12, 13, 2 (2)) (Paragraph 25).
The Committee urges the State party to:
(a) ensure that the legislation in the Netherlands guarantees that asylum-seekers are detained only when it is absolutely necessary and that the time which rejected asylum- seekers and irregular migrants spend in detention is limited to a strict minimum; and
(b) meet its core obligations under the Covenant and ensure that the minimum essential level relating to the right to housing, health and education is respected, protected and fulfilled in relation to undocumented migrants.
Abortion: The Committee expresses its deep concern at the reportedly high number of abortions performed in the islands of the former Netherlands Antilles and at the lack of an official estimate of the scale of the problem. In addition, the Committee is also particularly concerned that abortion primarily concerns adolescents and that it remains illegal in Curaçao and St. Maarten. (art. 12). (Paragraph 27).
The Committee urges the State party to review the legislation in Curaçao and St. Maarten and consider providing for exceptions to the prohibition on abortion in cases of therapeutic abortion or pregnancies resulting from rape or incest. Furthermore, the Committee calls on the State party to adopt, in all its territories, effective measures to assist women in preventing unwanted pregnancies, including by implementing mandatory sex education in schools and by providing a broad range of sexual and reproductive health goods and services through the primary healthcare system, with particular attention to access by adolescents and other disadvantaged and marginalized individuals and groups. The Committee requests the State party to provide in its next periodic report detailed information, including statistics, on early pregnancies and abortions among adolescents, and on the impact of measures taken to address these problems.
Education: The Committee is concerned that, while education is compulsory for all children, regardless of their legal status, undocumented children opting to enroll in vocational education programmes are not yet able to complete their apprenticeships because of work permit requirements in the Netherlands. (art. 13, 2 (2)). (Paragraph 31).
The Committee recommends that the State party take appropriate remedial measures to ensure that undocumented children who enroll in vocational education programmes in the Netherlands are able to complete their apprenticeships.
Human rights education: The Committee is concerned that the national school curricula of the State party do not provide for adequate human rights education. (art. 13). (Paragraph 32).
The Committee calls on the State party to ensure that human rights education is provided in schools at all levels and universities, and that it covers the economic, social and cultural rights.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/64/CO/7
Concluding Observations issued: 10 May 2004
Issues raised:
Racism and education: The Committee is concerned about the occurrence in the State party of racist and xenophobic incidents, particularly of an anti-Semitic and “Islamophobic” nature, and of manifestations of discriminatory attitudes towards ethnic minorities. (Paragraph 10).
The Committee encourages the State party to continue monitoring all tendencies which may give rise to racist and xenophobic behaviour and to combat the negative consequences of such tendencies. The Committee further recommends that the State party continue to promote general awareness of diversity and multiculturalism at all levels of education, paying particular attention to respect for the cultural rights of minorities, and pursue the effective implementation of measures to facilitate the integration of minority groups in Dutch society.
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/NLD/5 and Add.1)
Last reported: 27 January 2010
Concluding Observations issued: 5 February 2010
Issues raised:
Education: Despite the measures taken by the Netherlands, the Committee notes the persistence of segregation in the field of education, particularly in vocational training and higher education, as well as stereotyped educational choices. The Committee expresses concern at the persistence of appointment practices in universities advantageous to men and at the formulation of a target of female professors well below the European Union norm of 25 per cent, although there is no shortage of qualified and suitable women candidates. The Committee further expresses concern that the concept of lifelong learning tends to be narrowed down to education focused on the labour market, thus excluding women who do not work, in particular older and disabled women. (Paragraph 34).
The Committee encourages the State party to develop comprehensive measures aimed at the diversification of women’s academic and professional choices. The Committee also encourages the State party to monitor the career development of women in the education system to ensure equal access and prevent hidden or unintended discrimination faced by women. The Committee calls upon the Netherlands to align itself with the objectives fixed by the European Union and to provide the Committee in its next report with information on concrete measures taken to reach this objective. The Committee further urges the Netherlands to expand gender mainstreaming in all levels of the school system, including in the lifelong learning policy, and to ensure full access for all women throughout their lives.
Minority groups: While noting the measures taken with the aim of enhancing the integration of immigrant, migrant, black, Muslim and other minority women in Dutch society, the Committee continues to be concerned that those groups still face multiple forms of discrimination with respect to education, health, employment and social and political participation. The Committee also reiterates its concern at the formal requirements for family reunification in the Netherlands, namely the integration test and the minimum income requirement, which are imposed only on certain nationalities and which disproportionately affect migrant women. The Committee notes also that similar requirements apply with respect to family formation and to family members of a refugee who have not applied for family reunification within three months after asylum was granted. (Paragraph 42).
The Committee urges the Netherlands to intensify its efforts to eliminate discrimination against immigrant, migrant, black, Muslim and other minority women. It encourages the adoption of proactive measures to further increase their participation in the labour market, improve their awareness of the availability of social services and legal remedies and ensure protection against victimization. The Committee also calls upon the State party to conduct regular and comprehensive studies on discrimination against immigrant, migrant and minority women, to collect statistics on their employment, education and health situation and to report them in its next report. The Committee urges the Netherlands to withdraw its more severe requirements for family formation and family reunification, which constitute a breach in its obligation under article 16 of the Convention.
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UN Committee against Torture
CAT/C/NLD/CO/5-6
Last reported - 14 / 15 May 2013
Concluding Observations - 20 June 2013
Issues raised:
Unaccompanied children: The Committee notes the State party’s information that unaccompanied children asylum-seekers continue to be placed in detention centres in the European part of the Kingdom if there is doubt about their age. The Committee is also concerned about the reports by the European Committee for the Prevention of Torture regarding families with children, who await expulsion, being detained longer than the maximum limit of 28 days (arts. 3 and 11). Paragraph 17.
The Committee recommends that the State party:
(a) Verify the age of an unaccompanied child, if uncertain, before placing the child in detention. Such detention should be used as a last resort;
(b) Take alternative measures to avoid detention of children or their separation from their families;
(c) Ensure that unaccompanied minors can enjoy the rights guaranteed by the Convention on the Rights of the Child, to which the Kingdom of the Netherlands is a party.
Trafficking: The Committee notes the State party’s information that unaccompanied children asylum-seekers continue to be placed in detention centres in the European part of the Kingdom if there is doubt about their age. The Committee is also concerned about the reports by the European Committee for the Prevention of Torture regarding families with children, who await expulsion, being detained longer than the maximum limit of 28 days (arts. 3 and 11). Paragraph 17.
(f) Compile disaggregated data on trafficking in human beings including cases of sexual exploitation and trafficking of children, to be regularly updated.
CAT/C/NET/CO/4
Last reported: 7 / 8 May 2007
Concluding Observations issued: 14 May 2007
Issues raised:
Asylum-seekers: While taking into consideration the State party’s clarification that unaccompanied children asylum-seekers in the European part of the Kingdom of the Netherlands are placed in detention centres only when there is doubt about their age, the Committee remains concerned at the situation of young asylum-seekers. (Paragraph 9).
The State party should take measures to ensure that when the age of an unaccompanied child is uncertain, verification should be made before placing the child in detention. The State party should pay particular attention to the situation of young asylum-seekers and only use detention as a measure of last resort. The State party should provide adequate housing and education for young returnees awaiting expulsion (CRC/C/15/Add.227, para. 54 (d)).
Juvenile justice: While acknowledging the effort undertaken to provide suitable facility to house juveniles aged 15 and under and the continuous effort carried out by the State party to improve prison conditions in the Netherlands Antilles, the Committee is concerned at:
(a) The lack of a separate unit for offenders aged between 16 and 18 who are currently held with either adult offenders or prisoners undergoing psychological observation (Paragraph 11);
(b) The reported lack of educational programmes for juveniles held in prison;
(c) The slow classification process and allocation of cells where prisoners are currently placed regardless of their age, length of sentence or legal status. The State party should take measures:
(a) To urgently ensure that juveniles are separated from adults offenders;
(b) To provide educational and training programmes to help the social reintegration of juveniles;
(c) To undertake prompt action to implement a new classification of inmates and allocation of cells.
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UN Subcommittee on Prevention of Torture
No visits undertaken.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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UN Committee on the Rights of Persons with Disabilities
Signed in 2007, but not yet ratified.
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UN Committee on Enforced Disappearance
Ratified in 2011, but not yet reported.
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Last updated 05/09/2013 16:14:32
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