CRC/C/15/Add.227
page 12
57.
The Committee recommends that the State party:
(a)
Develop a National Plan of Action against Commercial Sexual Exploitation
for both the Netherlands and Aruba, as agreed at the First and Second World Congresses
against Commercial Sexual Exploitation of Children (1996 and 2001), and strengthen
regional cooperation in this regard;
(b)
In the Netherlands, amend legislation to eliminate the complaint requirement
and double criminality requirement for the prosecution of sexual offences against children;
(c)
Strengthen the capacity of the police in the Netherlands and Aruba to receive
and investigate complaints of trafficking and sexual exploitation in a child-sensitive
manner, inter alia, by increasing human and financial resources and, where necessary,
providing appropriate training;
(d)
Ensure that all victims of trafficking and prostitution in the State party have
access to appropriate recovery and reintegration programmes and services;
(e)
Undertake an in-depth study of trafficking and sexual exploitation of
children in Aruba, including the possible existence of sex tourism.
Juvenile justice
58.
The Committee is concerned that in the State party:
(a)
as adults;
Children in conflict with the law between the ages of 16 and 18 may be sentenced
(b)
An increasing proportion of children in conflict with the law in the Netherlands
are being sentenced to detention;
(c)
Juvenile offenders, in the Netherlands, are sometimes detained with children
institutionalized for behavioural problems;
(d)
59.
There are limited alternatives to detention available in Aruba.
The Committee recommends that the State party:
(a)
Ensure the full implementation of juvenile justice standards, in particular
articles 37, 40 and 39 of the Convention, as well as the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), in the light
of the Committee’s 1995 day of general discussion on the administration of juvenile justice
throughout the State party and for all persons under the age of 18;
(b)
Amend legislation in the Netherlands and Aruba so that life imprisonment
cannot be imposed on anyone between the age of 16 and 18 and fix a maximum limit for
their detention;