A/HRC/21/15
approval were lengthy, due to the large scope of the Convention. The draft act would be
submitted before the summer 2012. The question on signing and ratifying its Optional
Protocol was thus premature.
41.
The Netherlands remarked that the provision of article 26 of CRC would not grant to
children an independent right to social security. Children benefited from social security
through their parents. Therefore, the Netherlands maintained its reservation to article 26.
The Netherlands had further considered that issue; however, it had concluded that the same
arguments still applied.
42.
The Netherlands would not accede to the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families (ICRMW), on the
ground of its national policy regarding social provision. The Netherlands objected to the
section which set out that provisions should be equally accessibly to migrant who were not
lawfully present within the territory of the country of their destination and/or were
unlawfully employed. While their stay was unlawful, such person paid neither taxes nor the
contributions used to fund these services. They should not have equal social and economic
rights. Exceptions were made for the education of children who were of compulsory school
age and acute medical emergencies, and legal assistance.
43.
Regarding non-discrimination, its ban was enshrined in article 1 of the Constitution.
The Netherlands was highly committed to combating discrimination and racism. It rejected
any form of discrimination, be it on the grounds of race, descent, religion, belief, gender,
sexual orientation, handicap or any other ground. Discrimination was at odds with
citizenship and impeded them from taking part in their community. The Minister stated that
the Government of the Netherlands did not pursue specific policies targeting specific types
of discrimination. She referred to bodies to prevent and combat discrimination, like the
anti-discrimination bureaus, the Equal Treatment Commission and the police, which were
accessible to everyone. In addition, in 2010, a National Action Plan to Combat
Discrimination had been enacted. In 2011, further measures had been put in place to
combat discrimination, including school programmes.
44.
The Netherlands also had a very comprehensive legal framework to combat the
incitement to hatred and was party to all relevant international instruments. Regarding the
question posed about the author of the film Fitna, Ms. Spies reported that the member of
the House of Representatives had been acquitted by the Criminal Court of the charges of
public insults and incitement to hatred. The Prosecutor decided not to lodge an appeal.
Dutch society was characterized by freedom of speech for politicians. These liberties were
established in the Constitution and human rights instruments. However, the police and the
judiciary acted against statements that were incompatible with legal provisions regarding
freedom from discrimination.
45.
Hate crimes on the Internet were investigated and prosecuted by the police
specialized in cybercrime. Several cases had been brought before criminal courts resulting
in convictions. Ms. Spies also referred to the Dutch Complaint Bureau for Discrimination
on the Internet, which had the function of alerting and preventing discrimination, and
contributed to criminal law enforcement.
46.
Regarding preventative searches, the delegation stated that two studies had been
completed and recommendations made to develop further criteria, guidelines and practices
to avoid discrimination. The Ombudsman in the Netherlands had also investigated the
manner in which the preventive searches were applied and made recommendations.
47.
Ms. Spies also referred to the municipal antidiscrimination services which
strengthened the anti-discrimination infrastructure and were mandated to carry out statutory
tasks and provide assistance in dealing with discrimination complaints. She highlighted the
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents