In the Netherlands
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Children’s rights in the Netherlands 2015-2020 FIFTH NGO REPORT OF THE DUTCH NGO COALITION FOR CHILDREN’S RIGHTS TO THE UN COMMITTEE ON THE RIGHTS OF THE CHILD AAN DE VN RAPPORTEREN 2 3 CONTENT CONTENT VOORWOORD 0 FOREWORD 6 G HEALTH AND WELFARE 42 VERANTWOORDING 0 Health and healthcare services 42 METHODOLOGY 8 Mental health 44 NIEUWE ONTWIKKELINGEN 0 Adolescent health 47 Standards of living 48 NEW DEVELOPMENTS 9 ALGEMENE IMPLEMENTATIEMAATREGELEN 0 H EDUCATION AND LEISURE 52 Voorbehouden en wetgeving 0 A GENERAL IMPLEMENTATION MEASURES 12 Education 52 Coördinatie en decentralisatie 0 Reservations and law 12 Gegevensverzameling 0 Leisure and recreation 54 Coordination and decentralisation 13 Verspreiding en bewustwording 0 Data collection 15 Kinderrechten en het bedrijfsleven 0 Dissemination and awareness 17 I SPECIAL PROTECTION MEASURES 58 Children’s rights and the corporate sector 18 Asylum-seeking, refugee and migrant children 58 ALGEMENE BEGINSELEN 0 Unaccompanied minor foreign nationals 60 Sale, trafficking and abduction 62 Non-discriminatie 0 B GENERAL PRINCIPLES 20 Juvenile criminal law 64 Belang van het Kind 0 Non-discrimination 20 Respect voor de mening van het kind 0 Best interests of the child 23 Respect for the child’s views 23 OPTIONAL PROTOCOL ON THE SALE OF CHILDREN, J BURGERRECHTEN EN VRIJHEDEN 0 CHILD PROSTITUTION AND CHILD PORNOGRAPHY 68 C CIVIL RIGHTS AND LIBERTIES 26 GEWELD TEGEN KINDEREN 0 K OPTIONAL PROTOCOL ON THE INVOLVEMENT OF D VIOLENCE AGAINST CHILDREN 28 CHILDREN IN ARMED CONFLICT 70 FAMILIE EN ALTERNATIEVE ZORG 0 E FAMILY AND ALTERNATIVE CARE 34 CONSULTED EXPERTS 72 KINDEREN MET EEN BEPERKING 0 F CHILDREN WITH DISABILITIES 38 SIGNATURES 84 COLOPHON 86 4 5 XXX F0REWORD XXX FOREWORD This is the fifth report to the UN Committee on the The Coalition for Children’s Rights is particularly The Dutch NGO Coalition Rights of the Child. It covers the period 2015 - 2020. grateful to all the experts and organisations The years 2020 and 2021 have been overshadowed who contributed to this report. Thanks to their by the COVID-19 virus: it has had an unprecedented participation, it provides a clear and complete for Children’s Rights has impact on everyone, not least children. picture of compliance with children’s rights in the Netherlands. reported on children's In this report, numerous experts and NGOs describe the circumstances in which children grow Huri Sahin up and to what extent their rights are observed Chair of the Dutch NGO Coalition rights in the Netherlands in the Netherlands. It includes children living in for Children’s Rights the Caribbean Netherlands: the three special with input from other NGOs municipalities of Bonaire, St Eustatius and Saba. The large number of contributions underlines the urgency since the ratification of the of several issues, which have escalated partly due to the COVID-19 pandemic. International Convention We assume that this urgency will be reflected in the recommendations the UN Committee on the Rights on the Rights of the Child by of the Child’s will formulate based on, among others, this report. And that these recommendations give the the Netherlands in 1995. Dutch government an unmistakable mandate to act. The Coalition for Children’s Rights will monitor and spur the follow-up. 6 7 DEVELOPMENTS NEW NEW DEVELOPMENTS The Dutch government is working to improve discrepancies between pupils in terms of access children’s wellbeing so that they can grow up in safe to devices and other materials, parental support surroundings and reach their full potential. 2020 and the approach of different schools. The closures was mainly marked by the impact of the COVID-19 confirm the importance of school for children’s social pandemic on children. Positive consequences of and emotional development.4 Loneliness, eating the COVID-19 crisis include more focus on young disorders, depression and anxiety all increased people’s participation in society and on children’s among teenagers.5 The crisis in youth mental health mental health. Equal opportinuties are is now more care grew more acute.6 The closure of schools firmly on the agenda. Discrimination and racism affected all aspects of children’s development and are receiving more attention in the Netherlands increased the number of vulnerable children. As METHODOLOGY thanks to the Black Lives Matter movement. And early as May 2020, UNICEF concluded that it is not several reports conclude that the effects of the 2015 sufficiently clear whether and how children’s best decentralisation of youth care are not all positive; interests were considered during decision-making government officials now partly acknowledge this around the COVID-19 measures.7 Evaluations of fact. the measures should include the extent to which This report on children’s rights is the result of The Caribbean Netherlands’ legislation, policies children’s best interests and the importance of consultation by the Dutch NGO Coalition for and circumstances often differ from those of the COVID-19 pandemic magnifies underlying issues education were weighed in the decision-making Children’s Rights with other NGOs, young and adult European part of the Netherlands. Excluded from Measures to prevent the spread of the COVID-19 process. experts and professionals. They have formulated this report are the independent countries of the virus have significantly impacted the lives of their views on each theme in response to the UN Kingdom of the Netherlands – Aruba, Curaçao and children, cognitively, physically, socially and The COVID-19 crisis has magnified underlying Committee on the Rights of the Child’s questions. Sint Maarten. However, the Coalition for Children’s mentally.1 Safe at Home, a hotline for victims of issues and demanded a lot from young people Rights stresses that in June 2015, the UN Committee domestic violence and child abuse, received more mentally. The state has announced it is setting Many of the concerns in this report stem from the on the Rights of the Child indicated that the urgent calls.2 A study by Leiden University reported up a Delta Plan Youth to help restore children’s decentralisation of government tasks – particularly entire Kingdom of the Netherlands is party to the an estimated 40,000 cases of child abuse during the hope for the future. Implementing the Delta Plan youth care – to municipalities in 2015. The Coalition UNCRC and that the rights should be guaranteed first lockdown, a much higher number than usually.3 Youth requires an integrated medium- to long-term for Children’s Rights notes that the priority of the throughout the Kingdom. The Dutch government is approach supported by numerous implementing parties involved in this decentralisation has not not currently honouring this. COVID-19’s economic impact is still unclear, organisations and children themselves. always been the upholding of the United Nations but the number of children living in poverty is Convention on the Rights of the Child (hereinafter For this NGO report, consultation and coordination expected to rise. School closures brought to light referred to as the UNCRC). The COVID-19 pandemic took place with the Netherlands Institute for and the lockdown’s impact on children and Human Rights, the Ombudsman for Children and 1 Netherlands Youth Institute (NJI) (2021) Overview of research into the effects of the COVID-19 period on children, young people and young people have made the shortcomings in COC Netherlands . The Coalition for Children’s families and The Social and Economic Council of the Netherlands (SER) (2021) Advice Youth Think Tank COVID-19 Crisis. And now… current youth policy painfully clear. The long- Rights endorses the concerns identified by these action! term consequences of the COVID-19 measures on organisations. The Dutch National Youth Council 2 Ministry of Health, Welfare and Sport (2021) Stijging van acute meldingen bij Veilig Thuis children and young people are as yet impossible to (NJR), member of the Coalition for Children’s Rights, 3 Leiden University (2021) Kindermishandeling tijdens de eerste lockdown foresee and are not included in this report. is providing the UN committee with a separate 4 Bol, T. (2020) Sociale ongelijkheid in thuisscholing tijdens de COVID-19-crisis and Smeets, R., Ter Weel, B. & Zwetsloot, J. (2020) response from children and young people to the Ongelijk gebruik van online-leermiddelen tijdens de lockdown. This report includes feedback from the Caribbean Dutch State report. 5 UMC Hospital, Amsterdam (2020) COVID-19maatregelen maken jongeren angstiger en somberder Netherlands: the special municipalities of the islands 6 Health and Youth Care Inspectorate (IGJ) (2021) Onvoldoende hulp voor jongeren met ernstige psychische problemen of Bonaire, St Eustatius and Saba (hereinafter the 7 UNICEF Netherlands (2020) COVID-19crisis en kinderen en jongeren in Nederland, een inventarisatie BES islands); it is given separately where necessary. 8 9 DEVELOPMENTS XXX NEW XXX Many of the concerns that the Coalition for Children living with long-term insecure Children's Rights expressed in the Input to the List immigration status of Issues (2019) are still current and have been Asylum procedures rarely take children’s rights exacerbated by the pandemic. Concerns include into account. For instance, children can be placed increased inequality caused by poverty as described in detention, shelters are not child-friendly and above and (distance) learning due to the closure of children may have an insecure immigration status schools. The quality and accessibility of the latter for a very long time. Thousands of children still live have been called into question.8 in Greek refugee camps. In response to Greece's request to relocate 2,500 vulnerable children Growing impact of decentralisation on access to without parents across Europe, the Netherlands care eventually took in two. Potentially important steps were taken to bring synergies and coherence to the youth care system Participation with the decentralisation of the Youth Act and Children’s participation in society is receiving more the Appropriate Education Act.