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1、GE.08-43302 (E) 150808 UNITED NATIONS CRC Convention on the Rights of the Child Distr. GENERAL CRC/C/NLD/3 23 July 2008 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Third periodic reports of States part

2、ies due in 2007* * THE NETHERLANDS 22 May 2007 * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. * Annexes can be consulted in the files of th

3、e Secretariat. CRC/C/NLD/3 page 2 CONTENTS Paragraphs Page I. GENERAL IMPLEMENTATION MEASURES .1 - 193 II. DEFINITION OF THE WORD “CHILD” .207 III. GENERAL PRINCIPLES .21 - 637 IV. CIVIL RIGHTS AND FREEDOMS .64 - 9514 V. FAMILY ENVIRONMENT AND ALTERNATIVE FORMS OF CARE .96 - 16520 VI. BASIC HEALTH A

4、ND WELFARE . 166 - 31133 VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES . 312 - 38564 VIII. SPECIAL PROTECTION MEASURES . 386 - 46177 Related reports submitted by the Kingdom of the Netherlands Periodic report of Aruba (Kingdom of the Netherlands) under the Convention on the Rights of the Child .1

5、- 11192 Second report of the Netherlands Antilles .1 - 439110 CRC/C/NLD/3 page 3 I. GENERAL IMPLEMENTATION MEASURES A. Article 4 (Amendments to Dutch legislation) 1.The following statutory measures have been taken since the submission of the second periodic report: Passage into law of the Equal Trea

6、tment (Disability or Chronic Illness) Act 2003 (art. 2. Non-discrimination) Replacement of the Social Assistance Act by the Work and Social Assistance Act, 1 January 2004 (art. 27, paras. 1-3. Standard of living) Entry into force of the Adoption (Conflict of Laws) Act, 1 January 2004 (art. 21. Inter

7、country adoption) Amendment of the rules regulating changes in minors surnames, 9 June 2004 (art. 7. Name and nationality) Change in the definition of the term “unaccompanied minor asylum seeker”, 20 July 2004 (art. 39. Refugee children) Entry into force of the Artificial Insemination (Donor Informa

8、tion) Act, 2004 Entry into force of the Equal Treatment in Employment (Age Discrimination) Act 2004 (art. 2. Non-discrimination) Entry into force of the new Youth Care Act, 1 January 2005 Entry into force of the Childcare Act, 1 January 2005 (art. 18, para. 3. Childcare services) Entry into force of

9、 the Revised Brussels II Regulation on cooperation between EU Member States in child abduction cases, 1 March 2005 Submission to parliament of a bill on the promotion of shared parenting and responsible divorce on 9 June 2005 (art. 9. Separation from parents) Entry into force of the life course savi

10、ngs plan, 1 January 2006 (art. 18 , para. 1. Parents responsibility for the upbringing and development of the child) Exceptional Medical Expenses Act, (art. 24. Health and health care) Entry into force of the Healthcare Insurance Act, 1 January 2006 Passing of bill on equal treatment of men and wome

11、n with regard to employment, vocational training and promotion, and working conditions, 24 January 2006 (art. 2. Non-discrimination) CRC/C/NLD/3 page 4 Submission to parliament of bill on restraining orders in cases of domestic child abuse, 1 August 2006 Introduction of the Social Support Act, 1 Jan

12、uary 2007 Youth Monitor 2.In response to the Committees recommendation, the Netherlands is now developing a data collection system that is compatible with the Convention and collects data disaggregated by sex, age and other relevant indicators. Over the next few years, central government intends to

13、move to a single “Youth Monitor” database. 3.The Youth Monitor is intended to help government monitor the key aims of national youth policy: to prevent and reduce early school-leaving and to prevent or reduce social marginalisation and delinquency. It is also intended to show the coherence between t

14、he results achieved by the various parties working in the youth policy field: the provinces (responsible for youth care) and the municipalities (responsible for preventive youth policy). 4.The database will include information on all children and young people in the Netherlands up to the age of 23.

15、The indicators for it have now been established. The database will record the situation of young people in a number of fields: population, education, health, justice and employment. Each field will have multiple indicators which together provide a statistical overview of the situation of young peopl

16、e and trends within it. It will be possible to disaggregate the dataset by age, sex, origin and region. 5.The Youth Monitor will not contain information about abuse, sexual exploitation or child trafficking. The data on child abuse will be provided through research on the nature and extent of its oc

17、currence. In addition, the Ministry of Justice and the Ministry of Health, Welfare and Sport have together commissioned the development of a national registration system for child prostitution. Work is now being done on this. 6.The Youth Monitor will be made available via a website, which will event

18、ually also carry information in English. National Action Plan for Children 7.The Committee recommended that the Netherlands should expedite the elaboration and adoption of its current action plan for the implementation of A World Fit for Children, the outcome document of the General Assembly special

19、 session on children held in May 2002. In August 2004 the government responded to this recommendation by laying before parliament its National Action Plan for Children 2004. This document indicates how the Netherlands intends to implement A World Fit for Children. An English-language version of the

20、plan was presented to the UN in August 2004 and is appended to this report. (Annex 1) National Institution for Human Rights 8.In September 2005, four organisations active in the human rights field or sections of it - the National Ombudsman of the Netherlands, the Equal Treatment Commission, the Data

21、 Protection Board and the Netherlands Institute of Human Rights (SIM) - proposed the establishment of a CRC/C/NLD/3 page 5 National Institution for Human Rights. These organisations have since conducted further research on the exact requirements to ensure full compliance with the UNs Paris Principle

22、s. The remit of the proposed national institution might include: public education, advice-giving, treaty monitoring and acting as an international contact point. A decision on the proposal has yet to be taken at political level. Childrens ombudsman 9.As yet, the Dutch government sees no reason to ap

23、point a special ombudsman for children. The current system makes sufficient provision for the performance of the functions of the childrens ombudsman as envisaged by the UN Committee on the Rights of the Child. 10.The Netherlands is currently examining the feasibility of establishing a Dutch Nationa

24、l Institution for Human Rights. The possible role of such an institute in monitoring the implementation of the UN conventions, including the Convention on the Rights of the Child, is being explored as part of this process. Meantime, however, a number of members of parliament have submitted a private

25、 members bill providing for the appointment of a childrens ombudsman. The government is now awaiting the parliamentary response to this. Commissioner for Youth Policy 11.The Committee also recommended that the new government-appointed Commissioner for Youth Policy should facilitate interministerial

26、coordination and coordination between national and local authorities, and that the Commissioner should be allocated sufficient financial and human resources to fulfil his mandate. It further recommended that the effectiveness of the Commissioner for Youth Policy should be evaluated with a view to es

27、tablishing a permanent mechanism to coordinate the implementation of the Convention. 12.Over the last few years, the Commissioner for Youth Policy has worked hard to improve coordination between ministries, between the various tiers of government and between executive and other agencies. The governm

28、ent has met all the Commissioners requests for financial and human resources. The performance of the Commissioner for Youth Policy is to be evaluated in 2007 as part of a more general evaluation of interministerial cooperation in the youth policy field (“Operation Young”). Civil society organisation

29、s 13.The Committee recommended that the Netherlands should consistently seek cooperation with civil society in implementing the Convention, including in the area of policy-making. Representatives of the relevant ministries and of the Dutch NGO Coalition for Childrens Rights, an umbrella organisation

30、 for civil society organisations in the field of childrens welfare and rights, meet twice yearly to discuss the implementation of the Convention. This report is therefore to some extent the product of consultations with such organisations. Dutch government and the Coalition for Childrens Rights join

31、tly fund a specific Youth Report, in which children and young people express their own views on the importance of the Convention and on the way it is being implemented in the Netherlands. One such Youth Report was sent to the UN Committee on the Rights of the Child in 2002. CRC/C/NLD/3 page 6 B. Art

32、icle 12 (Making the Convention widely known) 14.Over the last five years, government funding has been made available to educate and inform the public about childrens rights in the Netherlands. The Coalition for Childrens Rights receives an annual subsidy for the production of information materials a

33、bout the terms of the Convention, including a website on the rights of the child (www.kinderrechten.nl). This website offers children, parents and professionals not only general information about the Convention and childrens rights, but also specific information about recent developments in the area

34、. For instance, children can download or order information for use in classroom presentations about childrens rights, parents can order a book giving practical advice on how to interpret the rights conferred by the Convention in various situations, and professionals can obtain information specifical

35、ly designed for them. For example, they can order a handbook on the interpretation of the Convention and other international law on the rights of children and young people (Handboek Internationaal Jeugdrecht). 15.The website also provides access to training materials for lawyers, youth services prov

36、iders and teachers at different levels within the education system. This reflects the Committees recommendation that the Netherlands should pursue its efforts to ensure that the principles and provisions of the Convention are widely known and understood by adults and children alike. 16.The following

37、 publications have been produced with public funding: G.C.A.M. Ruitenberg, Het Internationaal Kinderrechtenverdrag in de Nederlandse rechtspraak, 2003, ISBN 90 6665 519 4. By providing a systematic survey of, and commentary on, the relevant case law since the CRC entered into force in the Netherland

38、s, this book helps to ensure that the CRC percolates through into Dutch legal practice. The survey is expanded and updated on a regular basis. S. Meuwese, M. Blaak and M. Kaandorp (eds.), Handboek Internationaal Jeugdrecht, 2005, ISBN 90 6916 500 7. Designed for professionals in the legal and youth

39、policy fields, this handbook provides a detailed explanation of the CRC and other international legislation on the rights of minors. Like the previous publication, it is expanded and updated on a regular basis. M. Kalverboer and E. Zijlstra, Het belang van het kind in het Nederlands recht - voorwaar

40、den voor ontwikkeling vanuit een pedagogisch perspectief, 2006, ISBN 90 6665 7693. On the basis of art. 3, para. 1 and art. 6, para. 2 CRC, this book analyses the term “the interests of the child” in relation to the right to development and casts light on it from an educational and child psychology

41、point of view. M. Kalverboer and E. Zijlstra, Kinderen uit asielzoekersgezinnen en het recht op ontwikkeling - het belang van het kind in het Vreemdelingenrecht, 2006, ISBN 90 6665 768. This book discusses the significance of art. 3, para. 1 and art. 6, para. 2 CRC in relation to the right to develo

42、pment of children of asylum seekers whose cases are still under consideration or who have exhausted all legal procedures. It explains the significance of the Convention in relation to the Dutch Constitution and to various international human rights conventions, and also casts light on its significan

43、ce within the various areas of Dutch law. CRC/C/NLD/3 page 7 17.These publications are intended, among other things, to improve implementation of the Convention by professionals such as policymakers, lawyers, public prosecutors and the judiciary involved in the application of the law, for example in

44、 relation to aliens. C. Article 44, paragraph 6 (Availability of reports) 18.The Netherlands second periodic report on the implementation of the UN Convention on the Rights of the Child was disseminated widely. Printed versions were published in both Dutch and English and the complete text of the re

45、port is available both on the website on the rights of the child and on that of the Ministry of Foreign Affairs. 19.This third report will likewise be disseminated both in print and digitally via the websites of the relevant ministries. II. DEFINITION OF THE WORD “CHILD” Article 1 20.For definition,

46、 see initial report. III. GENERAL PRINCIPLES A. Article 2 (Non-discrimination) 21.The government accords a high priority to action to combat discrimination and promote equal opportunities. In 2003 it drew up a National Action Plan against Racism and a Racial Discrimination Monitor is published each

47、year. “Anti-discrimination” is a topic addressed within education and schools are active in combating racism. Funds have been reserved to expand the network of anti-discrimination bureaux so that anyone who has experienced discrimination can have easy access to their services. 22.A campaign under th

48、e slogan “Discrimination? Phone now!” was launched on 29 June 2004 to encourage victims or possible victims of discrimination, or people who thought they had witnessed discrimination, to phone a national hotline (0900-2 354 354) or visit a website (www.belgelijk.nl) for advice and information. The n

49、ational hotline still exists and has the support of a network of organisations with expertise in the equal treatment and anti-discrimination fields. They aim to achieve close cooperation by sharing knowledge and running an effective helpdesk manned by staff from a range of anti-discrimination bureau

50、s. Where necessary, callers are referred to national or specialist NGOs, or to the Equal Treatment Commission. The project has been implemented by RADAR (the Rotterdam Anti-Discrimination Action Council) via the National Federation of Anti-Discrimination Bureaus (Landelijke Vereniging van Anti-Discr

51、iminatie Bureaus en meldpunten, LVADB). 23.The initial campaign targeted discrimination on all the grounds listed in Article 13 of the EC Treaty (sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation), as well as other areas, such as employment. It received 80% of i

52、ts funding from the Community Action Programme to Combat Discrimination and the remaining 20% jointly from four ministries: Interior and Kingdom Relations; Health, Welfare and Sport; Justice; and Social Affairs and Employment. CRC/C/NLD/3 page 8 24.That campaign was followed by a second one, run und

53、er the slogan “Discrimination? Count me out!” This was launched on 1 December 2004. It was designed jointly by the same four ministries and is being run by the National Bureau against Racial Discrimination (Landelijk Bureau ter bestrijding van Rassendiscriminatie, LBR) and other organisations. Its p

54、rime target is victims of discrimination and unequal treatment. They are offered information on minimising the impact of discrimination in their day-to-day lives and ways of standing up to people who discriminate against them, consciously or otherwise. The second target of the campaign is the instit

55、utional setting in which discriminatory behaviour can occur. A brochure has been published containing practical tips for dealing with discrimination. The first copy was presented to the State Secretary for Social Affairs and Employment on 31 January 2006. In addition, a book has been published conta

56、ining specific information on ways in which organisations can combat discrimination. 25.Finally, the Minister for Immigration and Integration launched the “ this may be desirable where the children have received different surnames at birth as a result of the rules of private international law or whe

57、re their surnames differ as a result of acknowledgement, legitimation or adoption. 66.In 2004, there was another change in the rules, this time due to the judgment reached by the European Court of Justice on 2 October 2003 in the case of Garcia Avello v. Belgium (C-148/02). Any minor who possesses b

58、oth Dutch nationality and the nationality of another EU Member State, or of a third country, can now change his/her surname to the name that s/he is entitled to bear under the law of the other country concerned. 67.Finally, again in 2004, the rules governing changes in the surnames of minors over th

59、e age of 12 were tightened up. Applications for such changes from minors aged 12 and over are now granted if the child not only consents but, despite objections by the other parent, expresses a persistent wish to change his/her name. Acquisition of nationality 68.Any child born in the Netherlands au

60、tomatically acquires Dutch nationality provided that one of the parents holds Dutch nationality at the time of the childs birth, or did so at the time of death in the case of a posthumous child. 69.Similarly, any child legally adopted in the Netherlands, the Netherlands Antilles or Aruba automatical