Monday, December 03, 2007

Comments of NJCM to the II CRC Report of NL

Comments of the NJCM to the Report II of CRC
Draft report presented by NJCM and JWS, NGOs working for human rights issues in Netherlands. Below is the highlight comments of NJCM and JWS to the II report of Netherlands Government about the implementation of CRC ( Convention on the Rights of Child) in Netherlands. Those comments contain analysis, concerns, and some questions by NJCM . I am just highlights some of the most important of the comments.
Introduction And Remarks
1. Some developments in Dutch legislation which are very relevant for the implementation of CRC aren not mentioned in the Government report.
2. The report did not contain analysis of difficulties factors as stipulated in article 44:2 CRC.
3. The Committee’s general comments have not been translated to Dutch, so the dissemination becomes more difficult.
4. Need s special independent ombudsman Institution for the Children in Netherlands for monitoring the full implementation of the convention.
Developments of Rights of Child in the light of CRC in Netherlands:
I. Civil Rights and freedom (article 7 CRC)
5. Netherlands should give children a preferential treatment with regard to acquiring Dutch nationality by Law
6. No information in the report about the simplification of the condition for the easy acquisition of Dutch nationality by stateless children born in the Netherlands.
7. Regarding to Female Genital Mutilation ( FGM) there is no information about education or program developed by Government. (FGM is illegal by the law of Netherlands)
II. Family environmental and Alternative Care: (Family reunification, art. 10, and standard of living, art 27,)
8. Difficulties in family reunification, denying the family reunification conflict with article 10 CRC, and article 8, European Convention on HR.
9. Children and her/his parents should be helped with standard of living without considering the status (legal or illegal)
10. NJCM concerns about several categories of aliens are excluded from facilities in the Netherlands, and Dutch policy does not take into account that these categories include children. Even people who still have a procedure running are excluded from facilities and have to live in the streets with their children.
III. Basic health and welfare (Parental responsibilities, art. 18)
11. Government has substantially reduced the subsidy for the reporductive health care centres where reproductive information and services are provided. As the result, most of the centres were forced to close down. In the other side, the report mention about the prevention of STDs ( Sexual Transmitted Deseases: such HIV) and and abortions.
IV. Special protection measures (Refugee children, art. 22,39, and unaccompanied minors, art. 3, 27, 22, 31, 39)
12. Dutch govt. reported that wanted to reduce the number of unaccompanied minors that come to Netherlands by returning them. NJCM concerns that it is not the best interests of the child.
13. The NJCM is concerned about the condition in the campus ( for aliens) and the impact this situation has on the children involved.
14. Children whose parents apply for asylum at Schippol are detained during procedure in the Application center and after a rejection of their asylum request. NJCM questions the consistency of this detention with the CRC and wonders whether the Minister is not under an obligation to use alternatives to detention in the case of children.

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