UNITED NATIONS E Economic and Social Distr. Council GENERAL E/C.12/NLD/4-5 17 July 2009 Original: ENGLISH IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Combined fourth and fifth periodic reports submitted by States parties under articles 16 and 17 of the Covenant THE NETHERLANDS* [9 April 2008] * The appendices can be consulted in the files of the Secretariat. GE.09-43709 (E) 060809 E/C.12/NLD/4-5 page 2 CONTENTS Paragraphs Page I. INTRODUCTION ............................................................................. 1 - 4 4 II. REACTIONS TO THE CONCLUDING OBSERVATIONS OF THE COMMITTEE ..................................................................... 5 - 123 4 A. Optional Protocol ........................................................................ 5 - 6 4 B. Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families .................................................. 7 - 9 4 C. Applicability of the provisions of the Covenant ......................... 10 - 11 5 D. Use of information and communication technology ................... 12 - 16 5 E. Dissemination of racial and discriminatory material through the Internet ..................................................................... 17 - 35 6 F. Ethnic minority women and the labour market ........................... 36 - 42 9 G. Participation of women ............................................................... 43 - 66 12 H. Work and Social Assistance Act ................................................. 67 - 71 18 I. Strategy Plan for Social Relief .................................................... 72 - 79 19 J. Trafficking in persons ................................................................. 80 - 96 21 K. Domestic violence ....................................................................... 97 - 108 24 L. Child pornography and sexual exploitation of children .............. 109 - 112 28 M. A Healthier Life 2004-2007 ........................................................ 113 - 115 29 N. Health-care services .................................................................... 116 - 117 30 O. Allowance for contraception ....................................................... 118 - 119 30 P. Dissemination of concluding observations ................................. 120 - 121 30 Q. Core document ............................................................................ 122 - 123 30 E/C.12/NLD/4-5 page 3 CONTENTS (continued) Paragraphs Page III. IMPLEMENTATION OF SPECIFIC RIGHTS ................................ 124 - 316 31 Article 2 ............................................................................................. 124 - 131 31 Article 7 ............................................................................................. 132 - 159 33 Article 8 ............................................................................................. 160 - 169 40 Article 9 ............................................................................................. 170 - 199 43 Article 10 ........................................................................................... 200 - 218 50 Article 11 ........................................................................................... 219 - 234 52 Article 12 ........................................................................................... 235 - 277 55 Article 13 ........................................................................................... 278 - 292 63 Article 15 ........................................................................................... 293 - 316 65 IV. LIST OF APPENDICES ................................................................... 317 70 E/C.12/NLD/4-5 page 4 I. INTRODUCTION 1. This report is submitted pursuant to the revised guidelines regarding the form and content of reports to be submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights (E/C.12/1991/1). 2. These combined fourth and fifth periodic reports cover the period from 1 January 2003 to 31 December 2006. The reports (referred to below in the singular) are a response to the concluding observations (E/C.12/NLD/CO/31) and cover the rights mentioned in articles 1-2 and 6-15. 3. The report does not comment upon subjects which were dealt with in the previous reports or in the Netherlands’ response to the Committee’s list of issues (E/C.12/NLD/Q/3/Add.1) and which remain unchanged in the period covered by the present report. 4. This report covers the Netherlands (the European part of the Kingdom). The reports of the Netherlands Antilles and Aruba will be submitted separately at a later stage. II. REACTIONS TO THE CONCLUDING OBSERVATIONS OF THE COMMITTEE A. Optional Protocol 5. The Committee encouraged the Netherlands to consider giving its support to the process of discussion and future adoption of the Covenant’s Optional Protocol on an individual communications procedure. 6. The Netherlands has been and will continue to be a constructive partner with regard to discussions about the Covenant’s Optional Protocol on an individual procedure. The Netherlands will continue to build upon the outcome of the latest meeting of the Open-Ended Working Group on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which took place from 16 to 27 July 2007 in Geneva. B. Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 7. The Committee encouraged the Netherlands to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 1 The concluding observations of the Committee on the second periodic report of the Netherlands are contained in Official Records of the Economic and Social Council, 2007, Supplement No. 2 (E/2007/22-E/C.12/2006/1), paras. 571-604. E/C.12/NLD/4-5 page 5 8. At this point the Government has no intention to accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This is, inter alia, related to the Benefit Entitlement (Residence Status) Act (Koppelingswet), which entered into force on 1 July 1998 and which distinguishes between foreigners with and without legal residence status, and the consequences of that distinction for entitlement to social security benefits. 9. It should be noted that only States that can be characterized as countries of origin of labour migrants have ratified the Convention, while countries of destination have been reluctant to do so. C. Applicability of the provisions of the Covenant 10. The Committee recommended that the Netherlands reassess the extent to which the provisions of the Covenant might be considered directly applicable. It urged the Netherlands to ensure that the provisions of the Covenant are given effect by its domestic courts, as defined in the Committee’s general comment No. 3 (1990), and to promote the use of the Covenant as a domestic source of law. It invited the Netherlands to include in its report information on case law concerning the rights recognized in the Covenant. 11. The Netherlands would refer to previous reports for information on the Netherlands’ position on the direct applicability of the Covenant. Information on case law concerning the rights recognized in the Covenant is attached to this report (appendix I). D. Use of information and communications technology 12. The Committee recommended that the State party make full use of information and communication technology, including the Internet, to promote the dissemination of practical and easily understandable information on the enjoyment of economic, social and cultural rights, especially for vulnerable and marginalized individuals and groups. 13. The Dutch Government makes full use of the Internet in informing members of the public of their rights and obligations. The general website of the Ministry of Social Affairs and Employment (www.minszw.nl) explains in simple terms the rights and obligations applying in the fields covered by the Ministry. Special websites have also been developed for young people (jongerenloket.szw.nl) and for local authority officials (gemeenteloket.szw.nl) covering the implementation of rules and legislation in the Ministry’s field. Official publications, particularly letters from the Minister and State Secretary to Parliament, are also posted on the sites. Publications from the Staatscourant (Government Gazette) and Staatsblad (Bulletin of Acts and Decrees) on subjects covered by the Ministry also regularly appear on the sites. For people who live outside the Netherlands, the Ministry of Social Affairs and Employment has an English website containing basic information on the rights and obligations of foreign nationals wishing to live and work in this country. 14. Information communications technology (ICT) is of course essential for the dissemination of information via the Internet. The Ministry has its own ICT infrastructure for this purpose. E/C.12/NLD/4-5 page 6 15. Not everyone has access to the Internet, so the Government also produces information leaflets setting out people’s rights and obligations, which they can order free of charge. Media campaigns via radio, television, newspapers and magazines focus attention on major topics such as childcare or incapacity for work. 16. Finally, members of the public can