CRC/C/15/Add.227
page 4
Independent monitoring
20.
The Committee welcomes the information provided by the delegation that a draft bill on
the establishment of an ombudsman for children has been presented to Parliament in the
Netherlands by a member of that Parliament. The Committee furthermore notes the conclusion
of a study in 2002, commissioned by the Government of the Netherlands, which is in favour of
the establishment of an ombudsman for children. The Committee regrets that no follow-up has
been given to this study, and therefore reiterates its previous concern about the absence of an
independent mechanism with a mandate to, inter alia, regularly monitor and evaluate progress in
the implementation of the Convention and which is empowered to receive and address individual
complaints about human rights violations in the Netherlands and Aruba.
21.
In light of its previous recommendations and the conclusion of the aforementioned
study in 2002, the Committee urges the State party to take the necessary measures for
the establishment of an ombudsman for children in accordance with the Committee’s
general comment No. 2 (2002) on the role of independent national human rights institutions
in the protection and promotion of the rights of the child and the Principles relating to
the status of national institutions for the promotion and protection of human rights (the
Paris Principles, General Assembly resolution 48/134, annex) in both the Netherlands and
Aruba. In light of the different institutional settings in the Netherlands and Aruba, the
Committee suggests that the State party establish an independent and effective mechanism
in the Netherlands and Aruba respectively. These ombudsmen for children should monitor
the implementation of the Convention, deal with complaints from children in a
child-sensitive and expeditious manner, and provide remedies for violations of their rights
under the Convention. They should also be provided with adequate human and financial
resources and be easily accessible to children.
Resources for children
22.
While noting that budget allocations for children are relatively significant, the Committee
is concerned that in recent years, the financial resources allocated to education, child protection,
the prevention of child abuse have declined, and that in the Netherlands, funding of legal
assistance for children and the work of youth organizations have been significantly reduced, thus
jeopardizing the continuity of services.
23.
The Committee recommends that the State party pay particular attention to the full
implementation of article 4 of the Convention by prioritizing budgetary allocations to
ensure implementation of the economic, social and cultural rights of children, in particular
those belonging to economically disadvantaged groups, “to the maximum extent of …
available resources”.
Data collection
24.
While welcoming the statistical data supplied in the State party’s written replies to the list
of issues (CRC/C/RESP/48), the Committee regrets the absence of information on the system of
data collection. In addition, the Committee is concerned that in the Netherlands the statistics
appear to be disaggregated by age groups to 25 years, which causes difficulties in determining
the situation of children under the age of 18.