HUMAN RIGHTS COMMITTEE STARTS EXAMINATION OF REPORT OF NETHERLANDS ON CIVIL AND POLITICAL RIGHTS

Human Rights Committee
72nd session
9 July 2001
Afternoon






Practice of Euthanasia Gives Human Dignity Its Due, Delegation Says



The Human Rights Committee this afternoon started its consideration of a third periodic report of the Netherlands on how that country was giving effect to the International Covenant on Civil and Political Rights.

Introducing his country's report, Peter Ramaer, head of the Political and Security Affairs Division of the Ministry for Foreign Affairs of the Netherlands, said that last April, Parliament had approved an Act concerning the review of procedures for the termination of life on request, and assisted suicide -- euthanasia. He said the Act was a result of an intensive and long debate in the country concerning the possibility of de-criminalizing the termination of life by a physician in cases where patients experiencing unbearable suffering asked to be spared that pain. The Act would come into force on 1 January 2002.

The Government believed that the Act on euthanasia would give human dignity its due, and would provide both patients and physicians with legal certainty, while in no way undermining the effective protection of life, the members of the Dutch delegation affirmed during their responses to the Experts' questions.

Over the course of their consideration of the report, Committee members raised a number of issues concerning scientific research involving minors and incapacitated adults; trafficking in persons; and the conduct of the Dutch troops in Bosnia, among other things. Several Experts also echoed their concern that once the phenomenon of euthanasia reached a routine stage, it would become a commonplace practice.

The Dutch delegation was also made up of Roland Bocker, Sonja van der Meer and Claudia Staal from the Ministry for Foreign Affairs; Maarten Prinsen from the Ministry of Interior; and Peter Hartog, J. Visser and Roscam Abbing from the Ministry of Health, Welfare and Sport.

The Netherlands is among the 148 States parties to the Convention and as such it is obligated to submit periodic reports to the Committee on how it was giving effect to the provisions of the treaty.

The Committee will continue its consideration of the third periodic report of the Netherlands when its reconvenes at 10 a.m. on Tuesday, 10 July.


Report of the Netherlands

The third periodic report (document CCPR/C/NET/3/Add.1) enumerates the administrative and legislative measures taken by the Government in the Netherlands European part of the Kingdom, Aruba and Antilles. The report says that capital punishment is banned under article 114 of the Constitution. The Netherlands committed itself to the ban on capital punishment at the international level by ratifying the sixth Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms and the second Optional Protocol to the Covenant. Those provisions were applied to all territories under the Kingdom.


European part of the Netherlands

With regard to the European part of the Kingdom, the report notes that the salient feature of the revised Constitution of 1983 is the concentration of provisions on civil and political rights in one chapter. It reflects the view that the Constitution itself allowed scope for these civil and political rights, irrespective of the extent to which this may burden the powers and increase the responsibilities of the Government.

The report says that on 21 December 1988, the Kingdom of the Netherlands acceded to the UN Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment; and it recognized the competence of the Committee against Torture to receive communications from or on behalf of individuals who claim to be victims of a violation. In addition, scientific research involving minors and incapacitated adults is prohibited; however, this ban does not apply to therapeutic research.

Further, the reports says that slavery is prohibited; the right to liberty and security of person is guaranteed; the right to leave one's country is respected; expulsion of a foreigner without legal guarantees is prohibited; and freedom of expression, association and religion is guaranteed, among other things.



The Netherlands Antilles

The same report also deals with the Netherlands Antilles. It says that the Queen is head of the state of the Netherlands Antilles and is represented by a Governor, and the territory has an administrative structure of government and parliament at both central and island level. The electoral system therefore provides adequate guarantees for the right to self-determination for the Netherlands Antilles.

The report notes that the Constitution of the Netherlands Antilles provides that in order to maintain external or internal security in the event of the disruption of peace, the Government may declare a state of war. However, "no one may be deprived of his legal rights against his will". In addition, the Government of the Netherlands Antilles is bound by the obligations relating to civil and political rights contained in both European and UN conventions.

It says that the Netherlands Antilles is now bound by the obligations resulting from the sixth Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, pertaining to the abolition of the death penalty. The criminal code of the Netherlands Antilles contains two articles providing for the death penalty in the case of certain offences committed in wartime. However, it is over 140 years since the last death sentence was carried out. Although the death sentence was imposed on subsequent occasions, it was always commuted to another sentence by way of pardon.


Aruba

The report says that Aruba is one of the few islands in the Caribbean where traits of the native Indian population are still evident. Aruba is a parliamentary democracy; the head of the State is the Queen, represented by a Governor. Aruba acquired the status of separate country within the Kingdom on 1 January 1986. It has the right to secede from the Kingdom in a national referendum and with a majority of voters favouring for independence.

The report says that Aruban women enjoy a relatively strong social position because of the highly matriarchal society of the territory. As a result of the growth of the Aruban economy, it became necessary to attract Aruban women into employment outside the home.


Introduction of Report

PETER RAMAER, head of the Political and Security Affairs Division of the Ministry for Foreign Affairs of the Netherlands, stressed that his country was a strong proponent of transparency in every aspect of its policies. The Constitution of the Kingdom of the Netherlands was amended on several points in 1999 and 2000. Among other things, the National Ombudsman was incorporated in the Constitution as an independent complaints body. The National Ombudsman investigated the actions of central government administrative authorities and other administrative authorities, either on his own initiative or on request.

Last April, the Netherlands Parliament had accepted an Act concerning the review of procedures for the termination of life on request, and assisted suicide -- euthanasia, Mr. Ramaer continued to say. The Act would come into force on 1 January 2002. The Act was a result of an intensive and long debate in the Netherlands concerning the possibility of de-criminalizing the termination of life by a physician in cases where patients experiencing unbearable suffering asked to be spared that pain.

Mr. Ramaer said that recently, the Government had adopted a new Aliens Act in order to pursue a restrictive policy on admitting foreigners, with the exception of refugees. The decision to amend the Aliens Act was made with the main aim to achieve a shorter and more streamlined asylum procedure. Asylum seekers were still eligible for a residence permit on the grounds of international obligations, including the 1951 Geneva Convention on the Status of Refugees and the European Convention on Human Rights.

The Netherlands Government was gravely concerned about the ongoing trafficking of persons, Mr. Ramaer said. The fight against that unacceptable practice was considered a priority. On 26 April 1997, a European Union conference had adopted a declaration encouraging States to appoint a national rapporteur to report to individual governments on the scale and nature of trafficking in women.


Consideration of Dutch Report

In response to written questions prepared by Committee members in advance, the delegation said the forthcoming legal use of euthanasia or assisted suicide was a result of an intensive and long public debate in the country. Over the years, case law and the constructive cooperation of the medical profession itself had resulted in the development of a number of due care criteria which doctors should observe in deciding whether to comply with patents' requests for euthanasia in certain circumstances. The major criteria were the voluntary request, unbearable suffering and no prospect of improvement, and consultation of another physician.

The delegation said that by decriminalizing euthanasia in those specific circumstances, the Netherlands Government wished to ensure that doctors exercising due care in their decision-making and actions would be able to act openly in cases of that kind. Doctors could refuse to be involved in performing euthanasia and nurses could refuse to take part in the preparation for it. Dutch law recognized the right of conscientious objection. The Government believed that the Act on euthanasia would give human dignity its due, and would provide both patients and physicians with legal certainty, while in no way undermining the effective protection of life.

With regard to a question on scientific research involving minors and incapacitated adults, the delegation said that although such practice was prohibited, it was not applicable to therapeutic medical research which could only be conducted with the involvement of a certain category of persons if there was negligible risks and minimum burden. Incapacitated persons who were to be involved in medical research should be informed in a way they were able to understand. Therapeutic research was not part of the prohibition of scientific research involving minors.

On the question of the practice of the electronic tagging as an alternative to implementation of custodial sentences, the delegation said that electronic tagging was at present undergoing trials as an alternate to custodial sentences. The first year of the pilot had generally fulfilled expectations and had been completed to the satisfaction of the parties involved. Those who were subjected to electronic tagging followed a compulsory programme of activities, some of them outside the home. Detainee was allowed greater freedom towards the end of his sentence with the use of tagging. The time spent at home was checked by means of a transmitter attached to the offender's ankle which was electronically linked to a receiver in his home.

Following the responses by the delegation to the written questions, several Committee members expressed concern about the practice of euthanasia and said that it might become a phenomenon and a commonplace practice; and if euthanasia became routine in the future, excesses might take place. An Expert asked if the Government had taken preventive measures against experiments for human cloning.

Concerning trafficking in persons, the tragic death recently of 59 Chinese nationals could have been prevented; the Government would have to take measures in that regard. Such trafficking in persons was organized in the territory of the Netherlands.

Another Expert, referring to the Dutch troops which had been stationed in Bosnia as part of the United Nations forces, said that they were supposed to guarantee safe areas; apparently they had left the areas with tragic results. Had the State party conducted an investigation into the conducts of its troops? What was the result of that investigation? What was the attitude of State party to the conduct of its forces?

Continuing their response to the written questions, the members of the delegation said that nation-wide projects had been laid down to avert violence against women. The Government had also taken efforts to increase the effectiveness of existing measures against domestic violence against women. Additional care was also taken to rehabilitate victims of violence and the sentence against perpetrators of such victims had been increased to up to three years.

On the combat against trafficking in women for the purpose of forced prostitution, it was said that a law on the issue had entered into force on 1 January 1995 inflicting heavier penalties for trafficking in persons, which was six years' imprisonment. The law itself contained a definition of the crime of trafficking in persons to facilitate clearer and better-targeted investigations and prosecution policies.

A question was raised on the number of cases of discrimination investigated by the Equal Treatment Commission, to which the delegation said that since it was established in 1994, at least 1,500 cases had been presented on a yearly basis. In 2000 alone, 101 cases had been investigated out of which 44 concerning race, 41 with regards to sex and 9 related to sexual orientation.



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