Committee on Economic, Social and Cultural Rights considers the report of the Netherlands

GENEVA (2 June 2017) - The Committee on Economic, Social and Cultural Rights today concluded its consideration of the sixth periodic report of the Netherlands on its implementation of the International Covenant on Economic, Social and Cultural Rights.
 
Introducing the report, Loes Mulder, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, noted that the Dutch labour market had recovered significantly from the 2008 economic crisis.  Unemployment had fallen sharply to 5.1 per cent in April 2016, which was the lowest level in five years.  Unfortunately, the labour market position of people of migrant background, notably youth, had not improved sufficiently.  The Government had launched an action plan against discrimination to address that issue.
 
Olivia Croes, Senior Policy and Legal Adviser of Aruba, stated that the Government of Aruba was working diligently to create a balance between quality of life of its people and sustained economic growth, enhance the social cohesion in society, promote cultural diversity, and reinforce peaceful coexistence. 
 
Ing Elgeline Martis, Secretary-General of Curaçao, explained that youth were very important for the future of the island, which was why priority was given to improving their future.  To that end a National Action Programme for Youth Development had been developed, and a Youth Council of Curaçao had been established in February 2017. 
 
Carol Voges, Head of Economic Affairs and Finance at the Cabinet of the Minister of Plenipotentiary of Sint Maarten, noted that the Government had made significant progress in the field of labour and unemployment, sexual and reproductive health, and the Penal Code vis-à-vis human trafficking. 
 
In the ensuing discussion, Committee Experts drew attention to the fact that the Covenant did not play a meaningful role in the legislative process, adding that it was almost impossible to invoke it before the courts.  They also raised the issues of monitoring and controlling of the human rights obligations by businesses, disparities in the enjoyment of economic, social and cultural rights in the European Netherlands and the Caribbean Netherlands, decentralization of the delivery of social services, need to strengthen human rights education, decrease in Dutch official development assistance, vulnerable position of migrants in the labour market, economic empowerment of women, long-term poverty levels, decreasing membership in trade unions, and the inadequate provision of an adequate standard of living to migrants in irregular situations.
 
In her concluding remarks, Heisoo Shin, Committee Expert and Country Rapporteur for the Netherlands, noted that the new constitutional set-up of the Netherlands brought some challenges to guarantee economic, social and cultural rights due to disparities for people of Dutch and non-Dutch origin, and disparities between men and women.  The Government should develop more concrete policies and laws to tackle those problems.
 
In her concluding remarks, Ms. Mulder noted that the Government of the Netherlands and the Committee shared the same goal of the promotion of economic, social and cultural rights, despite some different views on how the Covenant rights should be implemented.  Education alone would not advance social cohesion, which was why the Government sought insights from the Committee. 
 
Maria Virginia Bras Gomes, Committee Chairperson, reminded of the standing disagreement between the Netherlands and the Committee on economic, social and cultural rights as programmatic rights.  She invited the delegation to reconsider the Covenant rights from the point of view of individual rights.
 
The delegation of the Netherlands included representatives of the Ministry of Social Affairs and Employment, the Ministry of Foreign Affairs, the Ministry of the Interior and Kingdom Relations, the Ministry of Safety and Justice, the Ministry of Education, and the Ministry of Health, Welfare and Sport. 
 
The Committee will next meet in public on Tuesday, 6 June, at 3 p.m. to hold a meeting with civil society representatives from Liechtenstein and Sri Lanka, whose reports will be reviewed next week.
 
Report
 
The sixth periodic report of the Netherlands can be read here: E/C.12/NLD/6.
 
Presentation of the Report
 
LOES MULDER, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, reminded that the constitutional structure of the Netherlands had changed in October 2010.  Since that date, the Kingdom of the Netherlands consisted of four autonomous countries: the Netherlands with the Caribbean islands of Bonaire, St. Eustatius and Saba as special municipalities, and Aruba, Curaçao and Sint Maarten.  Speaking of employment and social security, Ms. Mulder noted that the Dutch labour market had recovered significantly from the 2008 economic crisis.  Unemployment had fallen sharply to 5.1 per cent in April 2016, which was the lowest level in five years.  Unfortunately, the labour market position of people of migrant background, notably youth, had not improved sufficiently.  The Government had launched an action plan against discrimination to address that issue.  Gender equality, including the economic independence of women, remained a priority for the Government.  One in three top positions in central Government was held by a woman.  The Netherlands also played an active role in enhancing the awareness of businesses on human rights and had funded several initiatives in that area.  Despite the recent rise in healthcare costs, the Netherlands had managed to improve its system in such as way so as to maintain quality and achieve financial sustainability. 
 
OLIVIA CROES, Senior Policy and Legal Adviser of Aruba, stated that the Government of Aruba was working diligently to create a balance between the quality of life of its people and sustained economic growth, enhance the social cohesion in society, promote cultural diversity, and reinforce peaceful coexistence.  The Government of Aruba had been strengthening the economic, social and cultural rights of all citizens, using the recommendations of the Committee made during the previous review.  It had improved the purchasing power of its citizens.  The modernization of the labour law provided for better protection to a larger group of workers, making it more flexible for workers to re-arrange their working hours, strengthening the capacity and tools of labour inspection, and increasing the minimum wage three times.  A special tax provision had been introduced to financially support those with the lowest income bracket.  To further improve well-being, the Government had also increased welfare provisions and had introduced supplementary benefits for the most vulnerable groups, such as vulnerable youth.  An amendment to the Civil Code in September 2016 allowed for registered partnership for same-sex and heterosexual couples to be legally recognized. The reservation made to article 8 paragraph 1 d of the Covenant with regard to the ban on strike action had been withdrawn and a prohibition on labour strike was no longer included in Aruba's Criminal Code since 2014. 
 
ING ELGELINE MARTIS, Secretary-General of Curaçao, noted that preparing for the dialogue, Curaçao had consulted with a broad range of governmental and non-governmental organizations.  As young people were very important for the future of the island, priority was given to improving their future, as well as to poverty reduction.  To tackle those issues a National Action Programme for Youth Development had been developed, and a Youth Council of Curaçao had been established in February 2017.  In order to reduce poverty, the Government focused on labour and Curaçao had signed a memorandum of understanding for work force development for the modernization of the oil refinery at Curaçao, which would provide work for some 4,500 workers.  The Government supplied social welfare benefits, and utilities and housing subsidies.  It also provided free primary and secondary education for children living under the poverty level.  Various programmes prevented school dropout, whereas others dealt with on-the-job training for youth.  The National Development Plan for Curaçao gave special attention to youth and families and their future. 
 
CAROL VOGES, Head of Economic Affairs and Finance at the Cabinet of the Minister Plenipotentiary of Sint Maarten, noted that mainstreaming of human rights was part and parcel to an inclusive and responsible development agenda in Sint Maarten.  The Government had made significant progress in the field of labour and unemployment, sexual and reproductive health, and the Penal Code vi-a-vis human trafficking.  Unemployment had dropped from 12.2 per cent in 2009 to  11.5 per cent in 2011 and 9.2 per cent in 2013.  Youth unemployment had dropped from 29.4 per cent to 27.7 per cent and 25.9 per cent respectively.  The Government of Sint Maarten had to adjust a number of policies to address changes, such as life expectancy to ensure a balanced and well formulated policy that addressed the needs of people.  To that end, an inter-ministerial working group continued to work on developing a poverty line.  As for sexual and reproductive health rights, abortion remained illegal on Sint Maarten, but there were strong calls to review that legislation.
 
First Round of Questions by Experts
 
HEISOO SHIN, Committee Expert and Country Rapporteur for the Netherlands, inquired about the remaining procedure for the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.  The first National Action Plan for Human Rights lacked concrete goals and strategies for ministries and local governments.  Had the evaluation of the first National Action Plan been carried out?  Had the second National Action Plan been finished.
 
Ms. Shin observed that the Covenant did not play a meaningful role in the legislative process, adding that it was almost impossible to challenge before courts.  What measures would the Government take to ensure that all laws and policies were indeed compatible with the State’s obligations under the Covenant? 
 
Was there human rights monitoring and controlling of the business activities of multinational corporations?  Did the Government plan to go back to the previous policy of maintaining the level of official development assistance at 0.7 per cent of the gross national income?
 
Ms. Shin pointed out to disparities in the enjoyment of economic, social and cultural rights in the European Netherlands and the Caribbean Netherlands.  She reminded that the Committee could not hold Aruba, Curaçao and Sint Maarten accountable for the implementation of Covenant rights because they had not signed the Covenant as sovereign States.
 
As for non-discrimination and human rights education, ethnic minorities of non-Dutch origin, migrants, persons with disabilities, women, domestic workers, lesbian, gay, bisexual, transgender and intersex persons and asylum seekers experienced discrimination.  Ms. Shin noted that citizenship education in schools should also include human rights education. 
 
Speaking of equality between women and men, she noted that inequality was underpinned by stereotyping of gender roles and that the Government had not provided response to the Committee’s question about measures to combat gender stereotypes.  How many workers and how many men had utilized flexible working arrangements for childcare? 
 
Responses by the Delegation
 
LOES MULDER, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, explained that the Government was now in the process of studying the advice of the Council of State on the ratification of the Optional Protocol.  The National Institute of Human Rights was in place and with a concrete focus.  Debates in Parliament had been focused on the good and bad sides of the National Action Plan for Human Rights.  As for the direct applicability of the Covenant in domestic courts, it was possible when precise wording allowed it.  The Covenant was frequently invoked in domestic courts.  The Government was responsible for the observance of human rights norms and for the provision of human rights training.
 
The Government had taken several measures with respect to the official development assistance targets, but it was not focused on maintaining the official development assistance targets at the level of 0.7 per cent.  The Government had been in contact with employees of PlusPetrol with respect to serious damages to water and food in Peru.  It was clarified that the responsibility for the implementation of Covenant rights now rested with the Governments of the four countries, in line with the 2010 constitutional reform.     
 
Ms. Mulder explained that decentralization provided more room for providing better tailored social services to people.  The Government was consulting people on the ground to that end.  The question of social cohesion was the toughest question in the Netherlands at the moment as some groups felt that they were not at home in the Netherlands.  Discrimination was sometimes unintentional and biases unconscious.  An action plan on discrimination dealt with all forms of discrimination, with a focus on discrimination against Muslims. 
 
Human rights education in schools was part of the national programme, but lessons could be learned from other countries.  As for equality between men and women, certain social expectations dictated gender roles and approaches to childcare.  Parental leave was unpaid, but its payment could be arranged. 
 
The Government highly valued consultations with civil society and had held written consultation with them. 
 
OLIVIA CROES, Senior Policy and Legal Adviser of Aruba, said that Aruba was currently drafting a human rights national action plan, in consultation with different stakeholders, including civil society.  The consultation process was crucial to coming up with a comprehensive action plan by the end of 2017.  The National Youth Action Plan 2017-2019 had been drawn.  The drafting of a national gender policy plan was in progress.
 
ING ELGELINE MARTIS, Secretary-General of Curaçao, said that Curaçao did not have a national action plan on human rights.  However, the National Development Plan for Curaçao encompassed many human rights. 
 
CAROL VOGES, Head of Economic Affairs and Finance at the Cabinet of the Minister Plenipotentiary of Sint Maarten, clarified that the Government of Sint Maarten could not specify when exactly it would come up with a national action plan on human rights.  Nevertheless, a number of bodies were in place to ensure respect for human rights.
 
Follow-up Questions by Experts
 
An Expert noted the separate jurisdictions in the Kingdom of the Netherlands.  Even though the Netherlands was presenting its sixth periodic report, the status of the Covenant in domestic law was still not straightforward.  For example, the Government stated that equal pay for equal work was a goal, which sent a wrong message. 
 
There was a strong sentiment against the Muslim minority in the Netherlands.  Could it be because newcomers were introducing values contrary to the mainstream values?  
 
Another Expert reminded of the Limburg Principles on the Implementation of Economic, Social and Cultural Rights, and of the Maastricht Guidelines on the Violation of Economic, Social and Cultural Rights.  
 
MARIA VIRGINIA BRAS GOMES, Committee Chairperson, underlined that economic, social and cultural rights should be more than just aspirations. 
 
HEISOO SHIN, Committee Expert and Country Rapporteur for the Netherlands, recalled that human rights informed the Dutch foreign policy and she encouraged the Government to go back to the 0.7 per cent official development assistance target. 
 
Ms. Shin wondered whether the Government was aware of the harmful actions of PlusPetrol in Peru? Was there any assessment of the activities of Dutch companies abroad?
 
Reponses by the Delegation
 
LOES MULDER, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, stated that most of the Covenant provisions could not be directly applicable in domestic law because of general provisions.  However, for example, the provision for equal pay was enshrined in Dutch domestic law and could thus be invoked by individuals.
 
Ms. Mulder noted that tensions in society did not necessarily decrease due to economic growth.  The Government acknowledged that young Muslims were exposed to movements with extremist views and took related targeted measures.  The issue of social cohesion was multifaceted.  It was true that the Government was sometimes struggling to provide rights, but there was no erosion of rights.  Those countries which had strong social welfare systems were, in fact, the most popular destination for migrants.  
 
The delegation felt that human rights still played an important role in Dutch foreign policy, and the Netherlands was still one of the leading providers of official development assistance.  There was a follow-up mechanism under the OECD national contact points system to investigate human rights breaches by companies in their activities abroad.
 
Follow-up Questions by Experts
 
An Expert reminded that Dutch courts had an obligation to receive complaints about human rights breaches by Dutch companies.   What was the Netherlands doing to remove the remaining obstacles to receiving such complaints?
 
Second Round of Questions by Experts
 
Experts asked for updated data on unemployment and for clarification of the category “Western immigrant background.”  It was noted that the percentage among men from ethnic minorities was much higher than that of ethnic Dutch, 14.4 per cent as opposed to 6.6 per cent.  Why was it that the State Party could not provide information about the Dutch anti-discrimination policy in the labour market?
 
An increase in the participation of women in the labour market was welcomed, but Experts noted that the situation of women from Turkey and Morocco continued to be particularly poor.  It was also noted that migrant workers were highly dependent on recruitment agencies and were highly vulnerable to exploitation.  Thus, the role and impact of labour inspection could be crucial in preventing abuses.  At the same time, migrant workers might be discouraged to report abuses since labour inspection also controlled the observance of migration law.  What measures were in place to ensure the effective protection to victims of labour exploitation in accordance with the Covenant?
 
What were the effects of the decentralization of the delivery of social services?  Some current provisions of the Social Benefit Act were so rigid that it was impossible for municipalities to compensate the decreased income of families in need.  Were municipalities equipped with the necessary human rights knowledge and experience?  How was the observance of economic, social and cultural rights monitored by the Government?  
 
Reponses by the Delegation
 
LOES MULDER, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, explained that campaigns had been organized to raise awareness on the importance of the economic empowerment of women, as well as relevant training programmes.  The portion of economically independent women had risen from 47.5 per cent to 54 per cent in 2015.  Addressing negative stereotypes was necessary to tackle the problem of the low participation of women of Turkish and Moroccan descent in the labour market.  Sometimes women from those communities were not trying to get in the labour market. 
 
In 1996 a law had been introduced to prohibit unequal pay.  Potential pay differences in the public and private sectors were monitored by the Central Agency for Statistics.  There were various measures to facilitate the inclusion of the most vulnerable groups in the labour market. 
 
As for labour exploitation of migrant workers, the Government tried to ensure that undocumented migrant workers reported labour abuse and trafficking.  Speaking of the negative effects of the decentralization of social protection services, Ms. Mulder noted that an evaluation would take place in order to identify ways of improvement.  There was a social minimum for everyone and there was no exclusion from social assistance.  

The Netherlands was amending the law to allow victims to collectively claim damages in cases when businesses breached human rights.
 
Follow-up Questions by Experts
 
How many illegal workers had been detected by labour inspections?  Why had the ILO Convention 189 on domestic workers not been ratified yet?  What was the access by migrant children to social benefits?  
 
One Expert asked about the purpose of the Netherlands’ reservation to Article 8 on the right to strike in the case of the Dutch Antilles.  What was the reason for the steep decline in trade union membership in the country? 
 
Given the decentralization of social services, how did homeless persons receive social aid?
 
Third Round of Questions by Experts   
 
Experts raised the issue of high rates of domestic violence in both the European and Caribbean Netherlands, as well as the lack of statistics on gender-based violence in Sint Maarten, Aruba and Curaçao.  What support was given at the national level to strengthen rehabilitation services for victims of domestic violence at the local level?
 
What was the Government’s strategy to address long-term poverty and how was civil society involved in such plans?  Had there been progress on the development of a national poverty line and poverty alleviation programmes in Curaçao, Aruba and Sint Maarten?
 
What was the compatibility of the conditional provision of core social services to undocumented migrants with the Covenant obligations?  Had the Government adopted a national action plan to address the alarming rise of homelessness between 2009 and 2015?  What was the justification for the abolition of subsidies for interpreting services in health care? 
 
What was the concrete timeframe for adopting a more liberal legislative framework on sexual and reproductive health in Sint Maarten?  Experts asked for more information on the treatment of intersex children and sufficient funding for transition to chosen gender identity?  What efforts were being made to reduce ambient air pollution and dangerous emissions of the oil refinery in Curaçao? 
 
Follow-up Questions by Experts
 
An Expert asked that the delegation pay a bit more attention to the perspective of the individual as a right holder.   He referred to the double mandate of the Dutch labour inspection which somewhat interfered with the possibility of right holders to seek remedy. 
 
The question of domestic workers was problematic because the State party did not seem to see a need to ratify the ILO Convention 189.  The understanding by the State party of the rights and the Covenant as aspirations and goals was not good enough.  It was vital to understand the rights under the Covenant as legal standards and entitlements. 
 
What was the current state of progress regarding the adoption of an action plan to combat pregnancy discrimination? 
 
Responses by the Delegation
 
LOES MULDER, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, clarified that the provisions of the Covenant were binding on the State.  In drafting legislation and policies, the Netherlands used the Integral Assessment Framework, which contained guidance on economic, social and cultural rights.  Treaty provisions may be directly applied in domestic legal order and may be relied on by individuals before domestic courts if the wording was sufficiently precise.  Whether this was the case remained to be decided upon by the judiciary.  The Government held that most provisions of the Covenant were of a programmatic nature and gave a general instruction in the area of economic, social and cultural rights.  However, the Government would seriously take into account the Committee’s remarks in that respect.
 
As for labour inspection, Ms. Mulder said it was extremely difficult to come up with the exact number of illegal migrant workers in the Netherlands.  In 2011 Parliament had investigated illegal and legal labour migration.  As of 2014 work permits were no longer required and all European Union citizens had the same labour position.   Even though underpayment was illegal, employers still found economic justification to lower the cost of labour.  In recent years, the Labour Inspectorate had seen an increased number of complaints regarding underpayment.  The Law on the Legal Minimum Wage, the Law on Working Hours, and the Aliens Labour Act regulated that domain.  Various methods were applied to combat illegal employment and exploitation, such as temporary shutdown of enterprises.  The transportation sector was particularly difficult to regulate as employers used different legislation in European Union Member States.  The delegation would respond to questions about the double mandate of the Labour Inspectorate in writing.
 
The delegation clarified the legal position of part-time domestic workers, which stipulated at least a minimum wage, including sick leave.  They were also entitled to old-age pension.   The Government’s position held that the ratification of the ILO Convention 189 would not improve the position of domestic workers.  Regularizing the domestic work market would entail huge costs and, thus, the Government chose to maintain the existing level of protection for domestic workers.  In 2017 a wage subsidy of maximum 1,000 euro per year had been introduced for domestic workers. 
 
In order to address the human rights obligations of Dutch companies’ supply chains, the Government had come up with the Corporate Responsibility Covenant and the draft Law on Child Labour in Supply Chains.  The Netherlands was also funding ILO research on global supply chains and child labour.   As for decreasing membership in trade unions, the Government did not interfere in any way into that issue and it highly valued tripartite social dialogue.  That trend was visible in many OECD countries. 
 
The recent changes in social benefits aimed to provide an adequate social safety net and promote labour market participation.  The level of social benefits was adequate and took into account the household situation.  The individual could apply for special assistance to local municipalities when deemed necessary.  Municipalities could not cut social benefits due to their budget restraints.  Municipalities could offer special assistance to vulnerable youth while they sought employment.  As for child poverty, children under 18 could not independently claim benefits.  Children of undocumented parents could, however, receive emergency social assistance.  Undocumented families were placed in the so-called family centres.
 
With respect to homelessness, every Dutch person had access to community shelters in the municipality of their choice.  The National Association of Local Municipalities was working to organize community shelters and housing, as well as on regional action plans on homelessness.  The Government was also working on creating more affordable housing and to prevent evictions. 
 
The delegation explained that the Government was exploring measures to combat pregnancy discrimination, in addition to the existing measures of the national plan to combat labour discrimination.   The national action plan on pregnancy discrimination had been drawn in March 2017, and Parliament would soon be informed about the effectiveness of proposed measures.
 
The delegation of Aruba explained that a series of services, including counselling and a shelter, were provided by the Government to women affected by domestic violence.  As for poverty alleviation, the Government used 60 per cent of the medium income as a normative indicator for establishing relative poverty.  Families with children received monthly allowances, as well as housing and healthcare subsidies.   Aruba had withdrawn the reservation to Article 8 of the Covenant with respect to the right to strike.
 
The delegation of Curaçao said that the Government had taken big steps to modernize the oil refinery and thus address the problem of air pollution.  A multidisciplinary project team was responsible for the modernization.  To that end an agreement had been signed with Chinese company Guangdong Zhenrong Energy.  The project would boost employment and have a general positive effect on the society.  In order to reduce poverty, the Government provided family and housing subsidies, as well as aid to vulnerable children.  As for gender-based violence, it remained a big challenge.  The Government addressed relational violence rather than gender-based violence.  
 
The delegation of Sint Maarten explained that the reservation to Article 8 of the Covenant on the right to strike had been lifted.  Abortion remained illegal, but there had been strong calls for legislative change.  The 2011 amendment of the Civil Code had led to changes with respect to corporal punishment and generally with respect to violence against children.  Safe haven services had been provided to victims of domestic violence, gender-based violence and trafficking.  Nevertheless, cases of such violence often remained under-reported.  The National Development Plan set up a baseline for poverty, but more research needed to be made.  Unemployment and social benefits continued to be provided to the most vulnerable groups. 
 
As for domestic violence and child abuse, municipalities were obliged to provide necessary support services and shelters to victims, as well as support for perpetrators.  In cases of failure, the Government could interfere into matters directly.  In April 2017 there had been a decline in the number of people who used such services.  A national support programme would be prepared, as well as monitoring.  In the Caribbean Netherlands child abuse and domestic violence had been a prevalent problem.  To that end the European and Caribbean Netherlands were working together to tackle the issue. 
 
There were four types of leave arrangements in the Netherlands: maternity leave which was fully paid; paternity leave which was also fully paid; parental leave for both working parents which was unpaid but could be arranged to be paid in collective bargaining agreements; and care leave for employees taking care of ill household members with continued payment of 70 per cent of the salary in case of short-term care leave, or unpaid long-term care leave.
 
Poverty levels had risen due to the economic crisis of 2008.  According to the latest figures, poverty figures had decreased.  But that was not the case for long-term poverty, which was closely linked with unemployment.  Employment policies, therefore, focused on preventing job loss and on stimulating employment.  As for poverty in the Caribbean Netherlands, a child benefit had been introduced and the statutory minimum wage had been increased.  On 1 March 2017, the amount of social assistance had increased as well.     
 
Each asylum application was examined individually and during that time asylum seekers were entitled to housing.  However, if they were found not to be in need of protection, their application would be rejected.  The existing reception options for migrants were in conformity with the Netherlands’ obligations under the Covenant.  The Government invested in Dutch language courses for newcomers.  It was found that there was no new group for which interpretation of medical services should be made. 
 
As for medical treatment for intersex children, gender affirmative healthcare was an integral part of the quality set-up of the Dutch healthcare.  There had not been any reported cases of imposed medical treatment.  The rights of intersex persons were upheld in national law. 
 
The safety and security of residents in Groningen in the context of gas extraction was a top priority for the Government.  A programme had been started to strengthen buildings to offset gas extraction tremors. 
 
Follow-up Questions by Experts
 
Experts raised the issue of migrants in irregular situations, notably the lack of legal provision to guarantee their basic needs and an adequate standard of living.  They invited the Dutch Government to apply the Covenant rights in line with the Limburg Principles on the Implementation of Economic, Social and Cultural Rights, and the Maastricht Guidelines on the Violation of Economic, Social and Cultural Rights.
 
Experts also revisited the question of the ability of homeless persons to benefit from the Employment and Social Assistance Act.  What were ways to ensure that employers abided by non-discrimination standards, in addition to the Labour Inspectorate?  What incentives were given for men to assume childcare responsibilities?
 
Responses by the Delegation 
 
The Government recognized that Article 11 of the Covenant also applied to migrants without the right of legal stay.  However, if adult migrants did not make a reasonable effort to leave reception centres, it was their own responsibility where they would stay afterwards.   In case of homeless persons without an address, they could apply for an address at one of the national registration points.
 
The Government used both “carrots and sticks” to ensure that companies abided by non-discrimination standards and that they were not involved in labour exploitation.   
 
Fourth Round of Questions by Experts
 
Excellence, freedom in curriculum development, and decentralization were the cornerstones of education in the Netherlands.  More than 70 per cent of schools were private.   Schooling was compulsory up to the age of 16.  A fundamental problem of the education system was ethnic and social segregation. 
 
Another problem of education were students with disabilities, who were directed to specialized schools.  How could the question of inclusion of students with disabilities be resolved? 
 
As for discrimination against pregnant girls in secondary schools, could the Government work with educational institutions to provide them with the necessary security?  What was the total number of school dropouts? 
 
In Dutch Caribbean schools, there was a question of education in local languages.  There seemed to be a high rate of failure in schools (around 75 per cent) because of the obligation to use the Dutch language.  Did the education system meet the needs of local population? 
 
Were the school curricula in the Dutch Caribbean in line with the cultural needs and identity of the local population?  What proportion of the population used the Internet?
 
Responses by the Delegation
 
As for inequalities in education, the position of the Government was that high-quality education promoted equal opportunities and that every child should have an opportunity to fully develop his or her talents.  All parents of students with disabilities had the right to choose the preferred school for their children.  In case those schools could not meet the needs of their children, they would be referred to different schools.  Adaptation of the physical structure of schools to meet the needs of students with disabilities would take some time. 
 
Educational institutions were responsible for accommodating pregnant girls and single mothers, and special funds existed to that end.  However, civil society organizations had brought to light that sometimes such students encountered problems.  In March 2017 the Government had presented the national action plan against pregnancy discrimination, with some measures specifically aimed at education. 
 
A 2014 act regulated prevention of school dropouts through tailor-made education.  Partial or temporary home schooling was one of the options.  In the Caribbean Netherlands, schools had space in their curricula to respond to local needs and culture, including local languages and history.  In 2013, 75 per cent of households had access to Internet.  In 2002, 71,000 youth left school without a degree.  This had now been brought down to 23,000 and the Government aimed to reduce it to a level below 20,000 in 2021. 
 
The delegation of Aruba explained that the Aruban context had been built into school curriculum, as well as teaching in local languages to meet the needs of the population as much as possible.  Between 60 and 70 per cent of the population had access to the Internet.
 
The delegation of Curacao confirmed that teaching in the Dutch language was problematic, which led to the inclusion of Papiamento as one of the teaching languages in primary schools.  There was one secondary school that taught entirely in Papiamento.  There was a problem of school textbooks which were in Dutch.  Thus, it was not only a problem of learning in Dutch, but also learning about an entirely different culture and way of life in the Netherlands.  It was a daunting challenge for a small island to come up with school textbooks of its own.  Online teaching would lower the costs.  
 
The delegation of Sint Maarten said that a relevant body ensured that the education standards of the population were maintained and the education needs were met.  There was an increasing emphasis on the use of the Internet in education. 
 
Follow-up Questions by Experts
 
It appeared that there were “white” and “black” schools in the Netherlands.  Could the Government monitor ethnic segregation in schools?
 
The age of 12 was a brutal “waking up” call for children when they were thrown out in the real world.  Could laws on asylum seekers and migrants be reviewed to ensure that schools were more inclusive in reality?
 
Responses by the Delegation   
 
The delegation explained that in the Netherlands it was forbidden to administer people on the basis of their cultural identity or ethnic background, so there was no way to check how “white” or “black” schools were.  The issue of segregation was not just a question pertaining to education, but to the entire state of society, such as, for example, clusters of population.   Equity and access to education was a priority for the Government. 
 
As for access to education by migrants and asylum seekers, those who were allowed to stay in the country could complete their higher education, while those who were not allowed to stay in the country could only finish internships.  An online studies finding tool for refugee students had been developed by the Dutch Government.
 
Concluding Remarks    
 
HEISOO SHIN, Committee Expert and Country Rapporteur for the Netherlands, reminded that the Covenant was ultimately about decent life for every individual.  The new constitutional set-up of the Netherlands brought some challenges to guarantee economic, social and cultural rights due to disparities for people with Dutch and non-Dutch origin.  There were also disparities between the European and Caribbean Netherlands, and between men and women.  The Government should develop more concrete policies and laws to tackle those problems.  Human rights education had to be strengthened, and there should be more disaggregated data collection.  There was not enough information on the activities of civil society organizations in the Caribbean Netherlands.

LOES MULDER, Secretary-General of the Ministry of Social Affairs and Employment of the Netherlands, noted that the Government of the Netherlands and the Committee shared the same goal of the promotion of economic, social and cultural rights, despite some different views on how the Covenant rights should be implemented.  Education alone would not advance social cohesion, which was why the Government sought insights from the Committee.   
 
MARIA VIRGINIA BRAS GOMES, Committee Chairperson, reminded of the standing disagreement between the Netherlands and the Committee on economic, social and cultural rights as programmatic rights.  She invited the delegation to reconsider the Covenant rights  from the point of view of individual rights.  The Committee would select five or six issues and would ask the Government to reply in the next two years on at least three of those issues.

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