List of issues : Netherlands. 30/06/99.
CRC/C/Q/NET.1. (List of Issues)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-first Session
Pre-sessional Working Group
7-11 June 1999


IMPLEMENTATION OF THE CONVENTION OF THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with
the consideration of the initial report of
Netherlands(CRC/C/51/Add.1)

General measures of implementation
(arts. 4, 42 and 44)


1. In light of the recommendations adopted in the Vienna Declaration and Plan of Action of the World Conference on Human Rights (1993), has the State party considered the possibility of reviewing its reservations to the Convention with a view to their withdrawal?

2. Please provide information on the process followed for the preparation of the initial report, including the government unit or other body entrusted with its preparation and procedures for cooperation and consultation with other government departments and non-governmental organizations.

3. In view of the absence of information in the report, please provide information on the intentions of the State party regarding the preparation of a separate report on the implementation of the Convention in the non-European parts of the Kingdom of the Netherlands.

4. In view of paragraphs 2 to 5 of the report, please provide additional information regarding the systematic review of existing legislation to ensure conformity with all the principles and provisions of the Convention.

5. In view of the lack of information in this regard and the statement in paragraph 49 of the report, please provide detailed information on existing or foreseen mechanisms to coordinate activities between all departments and institutions involved in children's issues as well as between the central and local authorities. In view of the broad range of different government policies mentioned in the report, please indicate if consideration has been given to the possibility of drawing up a comprehensive strategy, policy or plan of action, and possible budgetary requirements, for the implementation of the rights of the child, including the systematic collection of comprehensive and disaggregated statistical data.

6. Please provide information on existing or foreseen mechanisms to monitor progress in the implementation of the Convention, and indicate what role the nine children's law polyclinics are expected to play in this respect.

7. Please provide information on the impact of economic trends, including the efforts of the government to meet the requirements of the European Monetary Union, on the more vulnerable groups in society. In light of article 4 of the Convention, please indicate the measures taken by the State party, both at central and local levels, to implement economic, social and cultural rights to "the maximum extent of [...] available resources". In addition, please provide information on the State party's contribution to international development assistance and the priority given in international assistance to sustainable development and to the rights of the child.

8. Please indicate what measures have been taken, or are planned, to provide regular training on the provisions of the Convention on the Rights of the Child, with particular attention to coordination and collaboration, to professionals working with or for children, such as: judges, lawyers, law enforcement and army personnel, civil servants including at the local level, personnel working in institutions or places of detention for children, teachers, health personnel, psychologists and social workers. In addition, please indicate what measures have been taken to raise the awareness of Government officials, and legislators, as well as non-governmental organizations, parents and children, and to maintain appropriate levels of awareness. In the light of information provided in paragraphs 6 to 12 of the report, please provide additional information on the effectiveness of initiatives to disseminate the Convention, including detailed information on the transfer to municipal authorities of responsibility for publicizing the rights of the child.

9. Please indicate if the Convention and the State report have been translated into Frisian and minority group languages and if they are easily accessible to the general public.

10. Please indicate how the State party cooperates with non-governmental organizations to implement the principles and provisions of the Convention.

General Principles
(arts. 2, 3, 6 and 12)

11. In light of article 2 of the Convention and of paragraphs 27 to 32 of the report, please indicate any measures taken, beyond the adoption of legislation forbidding discrimination, to prevent and eliminate discrimination against foreign children, including asylum-seekers and refugees, and children belonging to minority groups.

12. With regard to information provided in paragraphs 42 to 43 of the report, please indicate how domestic courts are interpreting the principle of "the best interests of the child" in light of the provisions of article 3 of the Convention.

13. With regard to the implementation of article 12 of the Convention and in relation to paragraphs 54 to 56 of the report, please provide additional information on measures taken to encourage participation of children in decision making processes at various levels of society, including primary schools. Please provide examples of the impact of such participation on decisions taken.

Civil rights and freedoms
(Arts. 7-8, 13-17 and 37(a))

14. In the light of the reference to "citizens" in paragraphs 85 and 99 of the report, please clarify the situation of non-citizens regarding the right to freedom of expression or association. Please provide also additional information regarding the right of children to form and enter into associations without parental consent, including information regarding child associations.

15. In view of the information contained in paragraph 92 of the report, please provide additional information on criteria for exemptions from subscription charges for the use of public libraries.
Family environment and alternative care
(Arts. 5, 18 para. 1 and 2, 9, 10, 27 para. 4,
20, 21, 11, 19, 39 and 25)

16. Please provide statistical data on the prevalence of separation and divorce. Please provide also information regarding the provision and accessibility of divorce counselling and mediation services, and any information resulting from research conducted into the impact of divorce and separation on children.

17. With regard to paragraph 114 of the report, please indicate if any research has been conducted on the impact of non-traditional families on children.

18. Please provide additional information and disaggregated data on children placed in foster care and residential facilities. Please indicate if the number of places available in residential facilities is sufficient, and provide updated information on the implementation of the policy framework for the provision of facilities mentioned in paragraph 154 of the report. In the light of paragraphs 151-153 of the report, please provide information on any problems encountered in implementing the quality requirements set for homes and institutions under the Youth Services Act.

19. Please provide disaggregated data on domestic and intercountry adoption. Please indicate if there is any provision for preparation, assistance and supervision of intercountry adoptions.

20. In view of the information provided in paragraphs 159 to 167 of the report, please provide updated information on the results of the model projects to provide accessible reporting and counselling centres to deal with cases of child abuse. Please indicate also if the State party has considered or foreseen the introduction of a mandatory reporting requirement for suspected cases of child abuse. Please indicate if public campaigns have been undertaken to educate and mobilize the public about prevention and protection of children from all forms of abuse and whether systematic efforts are foreseen to provide relevant training to professionals working with or for children, such as judges, lawyers, law enforcement and army personnel, civil servants including at the local level, personnel working in institutions or places of detention for children, teachers, health personnel, psychologists and social workers.

21. In view of the information contained in paragraph 122 of the report, please provide additional information on the interpretation of the legal provisions permitting the use within the family of "salutary taps" of "admonitory slaps" intended to "assist in the upbringing" of the child. Please indicate if the State party is considering or has foreseen the possibility of banning such practices, within the family as well as in public and private institutions.

Basic Health and Welfare
(Arts. 6 para. 2, 23, 24, 26 and 18 para. 3
and 27 paras. 1-3 of the Convention)

22. In the light of the information provided in paragraphs 197 to 210 of the report, please provide additional information, including disaggregated data on children with disabilities. Please include information regarding the waiting lists for places in special facilities mentioned in paragraph 210, as well

as information on the result of measures taken to move to "client- based" budgeting and administrative coordination systems to facilitate the inclusion in society of children with disabilities.

23. In light of the information provided in paragraphs 218 and 219 of the report, please provide additional information, including statistical data and preventive programmes, regarding nutritional diseases (anorexia, bulimia), reproductive health education, early pregnancy and abortion, the prevalence of STDs and HIV/AIDS, drug and substance abuse, and suicide. Please indicate if any evaluations have been conducted to measure the effectiveness of information channels and programmes, in school and out of school, regarding sex education and drug and substance abuse, including tobacco. In view of paragraph 18 of the report, please provide also additional information on the right of children to seek medical advice or treatment without parental consent, in accordance with the age and maturity of the child.

24. In the light of information provided in paragraphs 247 to 249 of the report, please provide detailed information on the extent to which the National Assistance Act provides an adequate standard of living for children living in poverty, and on the impact of measures to provide subsidized child-care for single parents. Furthermore, with regard to information provided in paragraph 248 of the report and especially in light of articles 2, 3, 6, 26 and 27 of the Convention, please provide further information, including disaggregated data, on children living in poverty. Please provide also updated information, with respect to paragraphs 228 to 244 of the report regarding the availability, use, and quality of child care services.

Education, leisure and cultural activities
(Arts. 28, 29 and 31)

25. In regard to the information contained in paragraphs 274 to 279 of the report, please provide statistical data on the school drop-out rates, particularly regarding children from minority groups. Please provide also updated information on the effectiveness of projects to prevent drop-outs and encourage return to school, as described in paragraph 279. With regard to the information provided in paragraph 282 of the report, please provide additional information on the problem of violence, including bullying, in schools, on the impact of the 1995 campaign, and on efforts to involve children in the design and implementation of measures to prevent violence and bullying in schools.

26. With regard to paragraph 298 of the report, please provide additional information on the content of vocational education, and disaggregated data on the vocational education system.

Special Protection Measures
(Arts. 22, 30 and 32-40 of the Convention)

27. In view of the information provided in paragraphs 307 to 315 of the report, please provide updated information on the project to set up a specific reception method for unaccompanied minor asylum-seekers, as described in paragraph 311. Please indicate how is the principle of giving primary consideration to the best interests of the child taken into account when decisions are made to send the child back to the country of origin, as described in paragraph 312.

28. In the light of the information provided in paragraphs 316 to 318 and in particular 319 of the report, please indicate if it is planned or foreseen to raise the age of voluntary enlistment, as it is for participation in hostilities, to 18 years and to promote international efforts to achieve this higher level of protection.

29. In the light of paragraph 110 of the report, and the reservation to the Convention, please clarify

if it would be possible to impose a life sentence on children aged 16 to 18 under the legal provisions authorizing the application of adult criminal law to children between 16 and 18 years of age. In view of the information contained in paragraph 350 of the report, please clarify also if the application of adult penal law to children aged 16 to 18 would result in their being detained in facilities other than youth custodial institutions, and, if that is the case, whether offenders aged 16 to 18 would be separate from adults when imprisoned under adult penal law.

30. With reference to paragraphs 322 to 327 of the report, please provide additional information, including statistical data, on juvenile offenders, types of offences, types and length of sentences, use and types of alternative measures used, and cases of diversion of juvenile offenders before entering the criminal justice system.

31. In addition, please provide additional information on the way the conditions in youth detention and youth custodial facilities are monitored and on the complaint procedures for cases of ill-treatment. Please provide also additional information on the guarantees to ensure the periodic review of placement, particularly for custodial measures imposed on account of a mental disorder, as described in paragraph 352, and on average wait for access to treatment in these cases.

32. With regard to paragraph 364 of the report, please provide updated and disaggregated data regarding children aged 13 to 18 carrying out work under the provisions of the 1995 Working Hours Act. Please provide also additional information on the implementation in practice for children under 13 years, of legislation allowing for work to be imposed by a judge as an alternative sanction.

33. In the light of information provided in paragraphs 365 to 369 of the report, please provide updated and disaggregated data on the use of drugs by children below the age of 18. Please provide information also on other types of substance abuse, including alcohol and tobacco. Please provide additional information on the higher risk faced by homeless children, as mentioned in paragraph 369 of the report, including data on homelessness among children below the age of 18.

34. Please provide updated information on the results of the study described in paragraph 373 of the report on the impact of the complaint requirement. Please provide additional information on the effectiveness of measures to prevent sexual abuse and exploitation, as described in paragraphs 396 to 400 of the report. In addition, please indicate if further measures have been undertaken or are foreseen to improve the protection of children from sexual abuse and exploitation, not only for those aged between 12 and 14 but also for those aged 14 to 16 and 16 to 18 years.

35. With regard to paragraphs 378 and 379, please indicate if the impact of the 1996 amendment to the Criminal Code has been evaluated as to its effectiveness in improving protection of children from exploitation in the production of child pornography. In addition , please indicate if it is planned or foreseen to prepare a Plan of Action to follow-up the Stockholm World Congress against Commercial Sexual Exploitation of Children.

36. In the light of paragraph 404 of the report, and of article 35 of the Convention, please provide additional data and information on the problem of sale and trafficking of foreign children into and/or from the Netherlands, in connection with sexual exploitation.

37. In view of the information provided in paragraphs 420 and 421 of the report please provide additional information, including disaggregated data, on the educational performance of children from different minority groups. Please provide also additional information on the impact and effectiveness of the special support programmes described in paragraphs 421 to 424 of the report and about the proportion

of children from minority groups receiving such special support. Please indicate if research has been conducted as to the links between the observed educational underachievement and other disadvantages faced by children from minority groups in the enjoyment of all other rights enshrined in the Convention.



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