European Committee of Social Rights: Netherlands

2011

(January 2012, Conclusions 2011)

"In its previous conclusion (Conclusions XVII-2) the Committee held that the situation in the Netherlands was not in conformity with Article 17 of the Charter as all forms of violence against children were not prohibited. In this connection it notes from the report that on 25 April 2007 an amendment to the Civil Code prohibiting the use of all forms of violence, including for educational purposes, entered into force, which explicitly imposes a duty on parents to refrain from using any form of mental or physical violence in raising their children. The Committee notes from another source that following this amendment, corporal punishment is as well prohibited in alternative care settings. 

"The Committee notes that the situation has been brought into conformity in this regard."

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2005

(July 2005, Conclusions XVII-2)

"The report states that an amendment to the Civil Code is in preparation banning all forms of violence of children. Meanwhile it notes that not all forms of violence of children are prohibited. The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that any other form of degrading punishment or treatment of children must be prohibited in legislation and combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of all forms of corporal punishment of children, the situation cannot be considered to be in conformity with Article 17 of the Charter."

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2001

(1 January 2001, Conclusions XV-2 vol. 2, pages 367-369)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…."

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2015

(January 2016, Conclusions 2015)

“The Committee notes that there have been no changes to the situation which it has previously found to be in conformity with the Charter.”

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