CRC/C/15/Add.227 page 11 7. Special protection measures Refugee and asylum-seeking children 53. The Committee is concerned that in the Netherlands the definition of an unaccompanied minor seeking asylum does not conform to international standards and may make access to basic services more difficult for the child while in the country. It is also concerned that the determination and rejection of a significant and increasing proportion of applications for refugee status through the 48-hour accelerated procedure are not in keeping with article 22 of the Convention and international standards. Finally, the Committee is concerned that children whose applications for refugee status have been rejected are detained in closed camps with limited possibilities for education and leisure activities. Finally, the Committee is concerned about the lack of formal asylum and protection procedures in Aruba and the current practices with respect to the detention and deportation of illegal migrants. 54. The Committee recommends that the State party in the Netherlands: (a) Review the Aliens Act of 2001 and its application to ensure full conformity with international standards applicable to refugees and with the Convention; (b) Change the definition in the Act of unaccompanied minors seeking asylum so as to bring it into line with international standards; (c) Ensure that the determination of refugee status of minors conforms to international standards, and consequently reconsider the 48-hour accelerated procedure; (d) Ensure that the detention of children whose applications for refugee status have been rejected is used only as a measure of last resort, and that all children awaiting expulsion receive adequate education and housing. 55. The Committee recommends that in Aruba the State party, in cooperation with the Office of the United Nations High Commissioner for Refugees, establish a formal system of asylum and refugee protection procedures that conform to the Convention and applicable international standards. Sexual exploitation and trafficking 56. The Committee welcomes the State party’s efforts in the Netherlands to address the sexual exploitation of children, in particular, through training of the police. However, it is concerned that the “complaint requirement” by victims over the age of 12 and the “double criminality” requirement hamper the prosecution of cases of child sexual abuse committed in the Netherlands and abroad. In Aruba, the Committee is concerned that children are vulnerable to trafficking for the purposes of drug trafficking or sexual exploitation, including through tourism.

Select target paragraph3