A/HRC/21/15
function, would continue its work on the implementation of the main policy measures to
endorse full respect of human rights, inter alia: guaranteeing the equality of every citizen,
promoting integration, fighting domestic violence by punishing perpetrators and protecting
victims, combating the trafficking of human beings, protecting refugees and asylum
seekers, promoting social acceptance of LGBT people in society and human rights
education in the Dutch school.
8.
According to Ms. Spies, regularly policy measures or legislation did limit human
rights, e.g. in the interest of public safety of for the prevention of disorder or crime. That
was inevitable and sometimes even required by human rights in the case of positive
obligations. In the view of the delegation, the need to strike a balance between different
interests had sometimes been extensively debated in the Dutch political arena, as it had
been in the context of privacy measures and draft legislation limiting privacy. The
compatibility of that legislation with the human right standards was of outmost importance.
It required a thorough scrutiny test, which was guaranteed by the Dutch professionals and
institutions. Improvements in that regard had been made, especially in the starting phase of
new draft legislation. It had been done in the field of privacy, where establishing privacy
impact assessments describing the modalities for the planned processing of personal data
was compulsory nowadays.
9.
Ms. Spies also stressed that the Netherlands was strongly committed to the UPR
process, having voluntarily submitted a mid-term review in 2010 and constructively
contributing to UPR sessions of other Member States. She emphasized that the Netherlands
would take the recommendations put forward during the second UPR cycle very seriously
and ensure serious and transparent follow up to the recommendations and willingness to
answer all questions.
10.
Secondly, a representative from Aruba referred to the new Ordinance on
Compulsory Education, which would guarantee access to the education system to all
children, irrespective of their legal status, to illustrate that efforts had been made to
harmonize legislation with the human rights instruments. Reference was also made to the
new juvenile justice system in the new Criminal Code, which provided the court with a
wider range of sanctions, including placement in a juvenile detention centre and training
orders, to make the transition back into society as smooth as possible and offer them a
better chance for the future.
11.
Thirdly, a representative from Curaçao stated that the universal rights and
fundamental freedoms are duly respected and protected in Curaçao. It mentioned that
Curaçao would establish a human rights institute, spearheaded by the Treaty Section of the
Directorate of Foreign Relations. Furthermore the representative stressed the political
participation of women.
12.
Ms. Spies thanked the delegations of Sweden, Slovenia and the United Kingdom for
their advanced written questions. In relation to the questions related to the Convention on
the Rights of Persons with Disabilities (CRPD), she proudly announced that the
Government of the Netherlands was preparing for approval and the draft act for ratification
would be submitted during the course of 2012.
13.
Concerning the question related to the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT), Ms.
Spies explained that the Netherlands did not limit the scope of application to people
deprived of liberty solely on the basis of criminal law; the ground of deprivation was
irrelevant.
14.
The delegation noted that the Government of the Netherlands gave high priority to
combating discrimination, and an anti-discrimination action plan had been sent to the
House of Representatives in 2010 and in 2011.
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