UNITED NATIONS Press Release -------------------------------------------------------------------- xxxxxxxxxxCOMMITTEE ON RIGHTS OF CHILD REVIEWS SECOND PERIODIC REPORT OF THE NETHERLANDS, INITIAL REPORT OF ARUBA xxxxxxxxxx 19.01.2004 The Committee on the Rights of the Child today considered the second periodic report of the Netherlands, as well as the initial report of Aruba, on how the State party was giving effect to the provisions of the Convention on the Rights of the Child. Introducing the report, Clemence Ross-Van Drop, State Secretary, Ministry of Health, Welfare and Sport of the Netherlands, said that her Government was committed to the dissemination of the provisions of the Convention through various means in which adults and children were targeted. She added that the Convention was an important instrument for the Netherlands and the concluding observations and recommendations of the Committee would give momentum to the Government's efforts to promote and protect the rights of the child. Angelique R. Peterson, Deputy Director, Department of Foreign Affairs of Aruba, said that in August 2003, new legislation regarding sexual offences had become effective in Aruba which had tightened up and widened the existing criminal law provisions. Under the terms of that new law, incitement to child prostitution would carry a heavier penalty, as would the trafficking of children. In preliminary concluding remarks, Hatem Kotrane, the Committee Expert who acted as country rapporteur to the reports of the Netherlands and Aruba, said, among other things, that the Committee was entirely satisfied by the dialogue on both reports. He noted that concern had been expressed during the discussion concerning the practice of euthanasia and drug abuse, adding that the liberal system should not stand in the way of the speeding up of administrative measures concerning children. Norberto Liwski, the Committee Expert who also served as country rapporteur to the reports of the Netherlands and Aruba, said that it was safe to say that in some areas concerning children, it was essential to go out in depth to make the Convention an important instrument. He added that the Convention should generate rights to those vulnerable groups in the society, adding that he was encouraged by the Government's political will in designing a policy focusing on the provisions of the Convention. In the course of the discussion, other Committee Experts also queried the delegation on such issues as unaccompanied child asylum seekers; de facto discrimination against children of ethnic minorities; consumption of alcoholic drinks and drug abuse; the lack of an ombudsman for children; sexual exploitation of children; the increase in sexually transmitted diseases; the high rate of schools dropouts; and the prevention of sex tourism in Aruba, among other things. The Committee will release its formal, written concluding observations and recommendations on the reports of the Netherlands and Aruba towards the end of its three-week session ending on 30 January. Also representing the Netherlands and Aruba were G.P.M. Scholte, Deputy Director, Youth Policy, Ministry of Health, Welfare and Sport; I. De Jong, Ambassador and Permanent Representative of the Netherlands to the United Nations Office at Geneva; R.D. Hageman, Press Officer, Ministry of Health, Welfare and Sport; H.C.M. Zoomers, M. Verbeek, J van der Burg, S.N. van Mujiden, and L.J.van der Heiden, from the Ministry of Health, Welfare and Sport; A.Blom, Ministry of Social Affairs and Employment; N.P. Levenkamp, R.R. Ter Kuile, A.S. Thuis, and J.Kok, Ministry of Justice; M.J.M. Weekenborg, Ministry of Education; H. van der Hoeven, Ministry of Foreign Affairs; A. de Cuba, Deputy Director, Direction Social Affairs, Aruba; R. van Dijk, Direction Social Affairs, Aruba; H. Wurzner, Counsellor at the Permanent Mission of the Netherlands in Geneva; and R.van Horck and M.Schalken, Interpreters. The Netherlands is among the 192 States parties to the Convention, which entered into force on 7 March 1995 for the Netherlands, and as such it is obligated to present periodic reports to the Committee on its efforts to implement the provisions of the almost-universal treaty. The Convention entered into force for the Netherlands with respect to Aruba on 17 January 2001. When the Committee reconvenes at 10 a.m. on Wednesday, 21 January, it is scheduled to take up the second periodic report of India. On Tuesday, the Committee will meet in private to discuss its work. Report of the Netherlands The second periodic report of the Netherlands (CRC/C/117/Add.1) provides information on the efforts carried out by the State party since it submitted its initial report in May 1997 and its response to the Committee's subsequent recommendations. On 7 September 2000, the Netherlands signed the two Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on children and armed conflicts. The ratification process started in 2002. On non-discrimination, which is article 2 of the Convention, the report says that the Government of the Netherlands intends to increase the maximum sentencing for structural forms of racism. A bill is at present before parliament. The Government has been planning for some time now to give the ban on age discrimination a statuary basis On the right to life and development - article 6 of the Convention - the report notes that 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. These provisions also apply to young people. They state that where the person involved is 18 years or older, his or her parents or guardians do not in principle need to be involved in the decision, but if the patient is between 12 and 16, they do. Young 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. The report says that the Netherlands Broadcasting Corporation has a statuary obligation to provide news programmes for children and young people. The Government of the Netherlands actively promotes reading among young people. Most libraries did not charge subscription fees for children under 16, and between 80 to 90 per cent of Dutch children are library members. Concerning Aruba (CRC/C/117/Add.2), the report describes the present situation in the territory and the country's organizations and agencies committed to protecting children's rights. The report aims to describe the situation in Aruba from both the Government and NGOs points of view. Introductory Statement CLEMENCE ROSS-VAN DROP, State Secretary, Ministry of Health, Welfare and Sport of the Netherlands, said that the killing recently of a teacher by a student had shocked the Government, and it was seeking to restore safety. The Government was committed to the dissemination of the provisions of the Convention on the Rights of the Child through various means in which adults and children were targeted, she said. It had allocated 200,000 Euros to non-governmental organizations to implement the plans that aimed at disseminating the treaty. The Government's efforts were focused on enabling parents in their efforts to bring up and educate their children, Ms. Ross-van Drop said. She said that parents were responsible for their children's education. The Government was also paying more attention to the implementation of youth policies that would enhance the rights of children. She said that the Government was putting in place the necessary infrastructure to allow children to pursue their education. In that regard, municipalities held prime responsibility for improving the educational structures for children and strengthening safety measures for the youth. The Convention was an important instrument for the Netherlands and the concluding observations and recommendations of the Committee would give momentum to the efforts of the Government to promote and protect the rights of the child. ANGELIQUE R. PETERSON, Deputy Director, Department of Foreign Affairs of Aruba, said that in August 2003, new legislation regarding sexual offences became effective in Aruba. They had tightened up and widened the existing criminal law provisions. Under the terms of that new law, incitement to child prostitution would carry a heavier penalty, as would the trafficking of children. The law also contained new provisions on the possession of, trade in and distribution of child pornography. She said that for the approximately 26,000 children living on the island, the Government of Aruba, in cooperation with non-governmental organizations, aimed at guaranteeing the rights of children as enshrined in the Convention, regardless of race or nationality. The Council Ministers had also decided to set up centres for victims of child abuse. Measures were also taken to increase the number of foster families in order to reduce the number of children placed in institutions. Adequate financial allocations were also made to strengthen youth and child councils. However, there was a lack of profound research and study on the situation of children, which was prompting the Government to take further measures to promote the rights of the child. Discussion HATEM KOTRANE, the Committee Expert who served as country rapporteur to the report of the Netherlands, said that the Committee noted with appreciation the positive evolution in the State party in the field of children's rights. Although they were not yet ratified, the State party had signed the two Optional Protocols to the Convention. The Government had also ratified a number of international instruments in recent years, including the Hague Convention on the Protection of Children and Cooperation in Matters of Inter-country Adoption in 1998. It had also put in place a series of domestic laws aimed at promoting and protecting the rights of children. Mr. Kotrane said that the Committee had noted with satisfaction that the concerns it expressed after considering the State party's initial report had been followed up. However, it regretted that the State party had not taken into consideration the concerns, among other things, about the lack of cooperation with non-governmental organizations and civil society in the implementation of the Convention; the absence of an independent mechanism, such as an ombudsman for children; the lack of shelters and solutions for children deprived of a family environment; the persistence of acts of female genital mutilation inflicted inside the country; and concerning the teaching of human rights. NORBERTO LIWSKI, the Committee Expert who also served as country rapporteur to the report of the Netherlands, said that the legislation on asylum did not give rights to children whose parents were not granted residence permits. He welcomed the establishment of the National Council for the Youth and the systematic coordination of activities between the Government and NGOs working on the promotion of child rights. A three-year funding programme of the Council had been planned but what would happen when the three-year period elapsed. He noted that the Netherlands had played a leadership role at the UN General Assembly Special Session for Children. However, there was no document that set up a national plan of action that was agreed to at the Summit or an overall policy for adolescents. On Aruba, he said that the economic and social situation had been altered drastically due to migration into the territory, industrialization and the influx of tourists, which had changed the pattern of relationships between parents and children. Other Committee Experts also raised a series of questions. An Expert asked about the status of the Convention within the domestic legal system and if its provisions were invoked before the courts. With regard to the reservations made by the State party, the Expert said that some of them were matters pertaining to interpretation. Although there was excellent legislation at the national and municipal levels, there seemed to be a lack of coordination in their implementation. A specific plan of action at all levels was also lacking. Another Expert said she was encouraged by the results of a recent survey which showed that 62 per cent of children knew about the existence of the Convention. In Aruba, what measures were taken to help parents to understand, contrary to traditional beliefs, that children should express themselves freely. An Expert asked why the Netherlands had not ratified the Ottawa Convention on Anti-personnel Landmines, which it signed in 2002? What measures were taken against female genital mutilation, which some medical practitioners performed in clandestine. What measures were taken about the de facto discrimination against children of asylum seekers and children belonging to ethnic groups? What was the position of the State party on euthanasia? Another Expert asked about the central coordinating body that oversaw the implementation of the provisions of the Convention. What measures were taken in the promotion of awareness among the youth on the Convention? Were there specific courses provided on the provisions of the Convention? How did the Government allocate resources for the promotion of child rights in the various State components? Which body was the central authority for the promotion and protection of the rights of the child, asked an Expert. The State party, in its report, had indicated that a number of non-governmental organizations were working in the field of children, but did not indicate who coordinated their work. Although the law prohibited any acts of discrimination, there was information about the existence of de facto discrimination on the ground. With regard to the situation in Aruba, another Expert said that the migratory tendency into the territory might be dangerous and might affect children's rights. Responding, the delegation said that the Government had decided to increase sentences relating to acts of discrimination. It believed that children should learn how to be tolerant. Since in some schools, there were more students coming from minority groups, the Government was making efforts to make such schools safer. The over-all Government policy was to maintain safety in all schools. The Government was seeking advice from non-governmental organizations during their bi-annual meeting with the State authorities, the delegation said. With regard to the performance of the local authorities, the Government had to monitor the achievements made and should make it clear how subsidies were utilized. There was also a legal framework between the Government and the municipalities on childcare activities, including systematic coordination of operations. On the creation of an ombudsman for children, the delegation said that there were various forms of ombudsman-like services, including the youth council and societal development, hotline services and child-complaints procedures. Although the Committee had recommended the establishment of an Ombudsman, the State party did not see the need for the creation of another institution whose activities would overlap with the existing bodies. In the Netherlands, nothing was considered to be a taboo, and that was why it had reached the present stage of legalizing euthanasia, the delegation said. The law on that issue was implemented with the strict monitoring of the medical authorities. The law applied to children between 16 and 18. The State party believed that children in that age group were able to understand their acts and assume responsibility for their decisions. Reacting, a number of Experts asked how children between 12 and 16 years could understand medical diagnosis concerning their ailments. The Experts noted that there were also cases in which parents decided that acts of euthanasia be exercised on their children. The Committee Experts continued raising questions on the main clusters of civil rights and freedoms; family environment and alternative care; basic health and welfare; and education, leisure and culture. An Expert said that medical doctors should be obliged to report to the authorities on cases of ill-treatment of children, without hiding themselves behind medical ethnics of confidentiality. The delegation was asked to provide information on cases of female genital mutilation. Another Expert asked how the State party monitored the activities of agencies dealing with inter-country adoptions, which, having their headquarters in the Netherlands, operated in other countries through their branches. An Expert asked what measures were taken to apply the compulsory education provisions in Aruba, which were not effectively implemented. Another Expert appreciated that the Netherlands had met the UN target on international cooperation on development and encouraged the State party to continue in its efforts. She asked why 14 per cent of births in Aruba were not registered? She joined other Experts who expressed concern about the use of euthanasia, especially involving children. Other Experts asked about child mortality rates; unaccompanied asylum children; the lack of obligation to report child abuse; and the teaching of Aruba children in Dutch instead of their vernacular, among other things. Responding, the Aruba delegation said that the island got its autonomy in 1986 and it ran its own business through its executive, legislative and judiciary bodies. The Government had appointed a Committee on the Rights of the Child, which promoted the rights of the child as enshrined in the Convention. The territory was one of few places where the number of migrants was high. Education had been made free of charge. The law on compulsory education had not yet been adopted and it was still in the hands of the legislators. The language of instruction was Pepiamento and Dutch. The main language in Aruba was Papiamento, while Dutch was hardly used, except in Government papers and the courts, but it was nevertheless the prevailing language within education. Dutch was the language of instruction in primary, general secondary and most vocational education institutions. The Government of Aruba had taken preventive measures against sexually transmitted diseases and teenage pregnancy, the delegation said. It was observed that the annual carnival in which young people participated was one of the main causes for such incidents. Being aware of that cause, the Government disseminated preventive information before the parade took place. In the past, children born after the event were termed as "Carnival Babies". If unaccompanied children requested asylum according to the Geneva Convention on the Status of Refugee, they could be granted it if their justification met the requirements of that Convention. At the same time, if the request was rejected, the child could stay in the country until he or she reached 18 years. If accompanied children were included in the requests for asylum by the parents, their situation depended on the decision concerning the parents. School dropouts remained an unresolved problem, the delegation said. Plans were laid down to reduce the rate by 30 per cent in 2006 and to reach 5 per cent dropout by 2010. In 2001, new legislation had entered into force making it compulsory for young people under the age of 23 to report to the local municipality if they dropped out of school without gaining basic qualification to enter the labour market. Within each region, a single municipality was responsible for the coordination of action to enforce compulsory school attendance. The Government had taken a series of measures to integrate children with disabilities into the mainstream educational system and the society, the delegation said. Parents of children with disabilities had to follow the development of their children in education, with the assistance received from the State. The taboo on talking about threats to safety in schools had been broken, partly by the safe school campaign, the delegation said. The act on education inspection had included a provision enabling serious forms of physical violence and mental abuse – bullying – to be reported to inspectors. The number of young girls under 20 years having babies had increased, the delegation said. Many of the cases concerning teenage pregnancy involved members of ethnic groups. A safe sex campaign had been launched by the State in order to prevent sexually transmitted diseases, the delegation said. The use of preservatives, including condoms, had been encouraged as a preventive means. Because of the economic recession, young people now spent less on alcoholic beverages than in recent years, the delegation said. It was estimated that 40 per cent of boys used to drink alcoholic drinks, which had been an unhealthy situation. Dutch law tolerated the possession and smoking of five grammes of cannabis, the delegation said. The situation had remained stable with only 18 per of teenagers smoking cannabis. The Government had a strict policy not to allow the use of a high dose among the population. The Netherlands had a level of vaccination of up to 95 per cent, which was enough to protect children from diseases, including polio, the delegation said. Asked why same-sex couples adopted only Dutch children, the delegation said while homosexual marriage was permitted under the Dutch law and they could adopt children, inter-country adoption was reserved only for opposite-sex couples. That measure was taken on the basis that some countries might not allow the adoption of children by homosexuals. Committee Experts continued raising questions on the administration of juvenile justice; children who were deprived of their liberty; economic exploitation of children, including child labour; sexual exploitation; and the sex tourism in Aruba, among other things. Responding, the delegation said that with regard to refugees, additional provisions were included in accordance with European standards. The measures taken against the influx of refugees was to reduce their number by 15 per cent. Any asylum seeker had the right to appeal against the decision concerning his or her request. Children, whose requests for asylum were not yet decided upon, were educated in English with the view of their expulsion to their countries of origin. The level and quality of education was the same as the one given in Dutch. In juvenile justice, the Government always insisted on rehabilitating and integrating the youth, the delegation said. In some cases, young detainees could remain in detention during the night while they were allowed to attend school during the day. The law prohibited children below the age of 16 years to work; however, for children above the age of 12, work was tolerated concerning the performance of light tasks, the delegation said. The International Labour Organization (ILO) Convention 138 on the minimum age of employment was applied with regard to child labour. Child asylum seekers were not treated on an ad hoc basis, as alluded by one Expert, the delegation said. Whenever a case was presented, a representative of the United Nations High Commissioner for Refugees was contacted and informed. Refugee status was given to individuals who fulfilled the requirements. Preliminary Concluding Remarks HATEM KOTRANE, the Committee Expert who served as country rapporteur to the report of the Netherlands, said that the Committee was entirely satisfied with the dialogue on the reports of the Netherlands and Aruba. The Netherlands was a liberal country. He said that concerns were expressed during the discussion concerning the practice of euthanasia and drug abuse. The liberal system should not stand in the way of the speeding up of administrative measures concerning children. He hoped that the conditions of children would further be improved in the Netherlands and in Aruba. NORBERTO LIWSKI, the Committee Expert who also served as country rapporteur to the report of the Netherlands, said that it was safe to say that in some areas concerning children, it was essential to go out in depth to make the Convention an important instrument. The Convention should generate rights to those vulnerable groups in the society. He was encouraged that the head of the delegation had expressed the political will of her Government to design a policy focusing on the provisions of the Convention. The increase in budget for the youth was also an encouraging sign, he said. Concluding Remarks by Delegation G.P.M.SCHOLTE , Deputy Director, Youth Policy, Ministry of Health, Welfare and Sport, appreciated the compliments forwarded by the Experts on the preparation of the report and on the way it was presented to the Committee. She was glad to hear that their work had been highly valued. She wondered how the concluding document of the Committee would reflect the liberal climate of her country. She noted that together with non-governmental organizations, the Government would implement the recommendations of the Committee once they received them. -- The "child-rights" mailing list provides information on issues related to children's human rights. 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