A/HRC/21/15
68.
Australia noted that Curaçao and Sint Maarten’s new status as independent countries
in the Kingdom brought human rights challenges, including that of establishing their own
national human rights institutions. While welcoming the establishment of the Children’s
Ombudsman, it recognized the challenge of implementing human rights education; such
education helped safeguards the rights of the next generation. Australia made
recommendations.
69.
According to Ms. Spies, all people need to be proactive and involved to live in a
society with harmony. Integration was important to both migrants and the society at large.
An essential knowledge of Dutch language was an essential condition for participation.
Poor languages skills, low level of education and unfamiliarity with Dutch institutions
posed a risk for equal opportunities.
70.
In relation to court fees, Ms. Spies stated that a Parliament decision in that regard
was expected.
71.
The delegation referred to the asylum procedure adopted in 2010, which was an
improvement and benefited vulnerable groups. It did not result in all asylum claims being
settled within eight days. Under that procedure, more time was given to legal and medical
assistance. Detention was a measure of last resort and alternatives were available for
families with under-age children. The Government of the Netherlands was experimenting
with other alternatives to migrant detention, which would be evaluated next year. She
further mentioned that a report was sent to the Parliament announcing decriminalization of
irregular adult migrants. A decision of Parliament was expected. She added that migrant
children had access to education, accommodation and necessary medical treatment. The
best interest of children in procedures related to migration was taken into account, and their
right to family life was also protected. Ms. Spies indicated that long-term residents without
a permit were undesirable and the Netherlands was seeking to prevent long procedures
which would not necessarily result in the issuance of resident permits.
72.
Ms. Spies further mentioned that minorities, including women belonging to
minorities, were encouraged to take part of the public life. To that end, they were also
encouraged to take Dutch-language courses. The Netherlands was working on a more
flexible dialogue with minorities.
73.
Ms. Spies also indicated that lessons in Turkish were a choice of the parents, and
there was an adequate supply of Turkish lessons and culture.
74.
In connection with juvenile justice, the Netherlands reported that it would maintain
its reservations to CRC. Juveniles would continue to be tried under regular criminal law,
since it was an important means of preventing any necessity to introduce disproportional
heavier sentences. However, children were protected under regular criminal law. They had
the right to legal aid regardless the nature of the crime. Alternatives to depravation of
liberty also existed.
75.
In addition, Ms. Spies referred to the plan “Children Save” aimed to combat abuse
and which included prevention using a multidisciplinary approach. The Netherlands would
report on the implementation of that plan. She also mentioned that there was legislation in
place to combat sex abuse in the context of tourism, with extraterritorial jurisdiction.
76.
The representative of Aruba indicated that task forces had been established to
protect the victims of trafficking and sexual exploitation, and provide assistance, such as
free legal aid and health care. They had produced positive results. If victims were in Aruba
illegally, they were not detained but treated as victims. Return to their country was also
facilitated, or assistance to adapt in the society, if necessary.
77.
The representative stated that corporal punishment was prohibited by law in schools
in Aruba and legislation to extend the prohibition to the family setting was expected in
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