Default title

MORNING
HR/CRC/99/53
4 October 1999


COMMITTEE ON RIGHTS OF CHILD BEGINS REVIEW OF
FIRST PERIODIC REPORT OF THE NETHERLANDS

The Committee on the Rights of the Child this morning began its consideration of the initial report of the Netherlands, saying it dealt more with legislation and policy rather than Dutch children's actual enjoyment of rights.

Introducing the initial report of the Netherlands, T. Halff, a representative with the Ministry of Foreign Affairs, said that his Government afforded the highest priority for children to have the right to express themselves. The Government, he added, also encouraged Dutch children to participate in international conferences that concerned them. Halff said he was also pleased to see Dutch children in the room as the report was being considered by the Committee.

In addition to Mr. Halff, the Dutch delegation consisted of S. van Manen of the Ministry of Foreign Affairs; I. Jansen of the Ministry of Justice; J.T.J. Struyker Boudier of the Ministry of Justice; L. Ling Ket On of the Ministry of Justice; L. Rensman of the Ministry of Justice; C.J. Staal of the Ministry of Social Affairs and Employment; and A.P.J.M. van Loon of the Ministry of Health, Welfare and Sport.

Much of the discussion focused on basic measures for implementing the Convention on the Rights of the Child, including legal definitions relating to children, and anti-discrimination efforts.

As one of 191 States parties to the Convention on the Rights of the Child, the Netherlands is obliged to submit periodic reports to the Committee to improve the circumstances and protect the rights of children. Government delegations generally appear before the Committee to discuss these rights and to answer questions.

The Committee will reconvene at 3 p.m. to continue its consideration of the initial report of the Netherlands.

Report of the Netherlands

The initial report of the Netherlands (CRC/C/51/Add.1) enumerated administrative and legislative measures taken by the Government to implement the provisions of the Convention of the Rights of the Child. Following its entry into the Convention, the Government has seen a trend in both legislation and policy towards compliance with the requirements of the Convention. In April 1995, legislation was enacted which contained a description of the duty and the right of parents to look after and raise their children. Parents who are married are automatically entitled to parental authority; those who have never been married to each other may obtain parental authority by registration in the Guardianship of Minors Register.

The report says that the first National Youth Debate was held in the Lower House of the States General on 20 November 1995 -- Universal Children's Day -- to mark the ratification by the Netherlands of the Convention in that year. Seventy children between the ages of 10 and 18 debated with Government ministers and members of Parliament on the rights of the child. The first Children's Rights Festival was held in Brabant in 1995. A Youth Referendum was held for the first time in October 1995 by an organization called Codename -- Future. The Referendum was held for the second time in 1996, in which 200,000 young people expressed their views on a wide variety of issues.

Further, the report says that the use of the criminal law to combat sex tourism is receiving special attention. The aim is to ensure that Dutch nationals who have sexually abused children abroad can be tried when they return to the Netherlands. Two Dutch nationals have already been convicted in the Netherlands of sex offenses committed in the Philippines.

Introduction of Report

T. HALFF, of the Ministry of Foreign Affairs, said that his Government afforded the highest priority for children to have the right to express themselves and be heard. The Government also encouraged Dutch children to participate in international conferences that concerned them. He said he was also pleased to see Dutch children in the room where his Government's report was being considered by the Committee.

Mr. Halff said that his Government's policy on children also emphasized the equality of boys and girls. The Convention applied to all children without discrimination, despite some traditional treatment of children in certain cultures.

Discussion

The delegation responded to a number of questions. Discussion centered on the basic measures for implementation of the Convention, including legal definitions related to children, and anti-discrimination efforts.

Mr. Halff said, among other things, that he had taken due note of the remarks of the Committee Experts who said that the report dealt more with legal aspect rather than the actual rights enjoyed by Dutch children.

Mr. Halff explained the Kingdom of the Netherlands consisted of three parts: a European part -- the Netherlands -- and two non-European parts -- Aruba and the Netherlands Antilles. The current report reflected that of the European part of the Kingdom. The Convention was ratified by the Kingdom of the Netherlands for the European part in February 1995. The non-European parts of the Kingdom were free to decide whether they wished to accede to the Convention, and to draw up their own reports on its implementation.

The Netherlands had made reservations on articles 26 and 37 of the Convention, the delegation said. The Netherlands accepted the provisions of article 26 of the Convention with the reservation that those provisions should not imply an independent entitlement of children to social security, including social insurance. With regard to article 37, the Government accepted the provisions of article 37 of the Convention with the reservations that those provisions should not prevent the application of adult penal law to children aged 16 and older, provided that certain legal criteria had been met. The Government did not envisage changing its position on the issue, the delegation said.

Responding to the Committee's request that the Netherlands create an office of Ombudsman for Children, the delegation said that the Government was considering the matter.

The Convention, the delegation said, had been translated into Dutch. The report it presented to the Committee was prepared in Dutch and translated into English for the Experts.