ISHR report on CEDAW's examination of Netherlands, 27 January 2010

The Kingdom of the Netherlands, comprising Netherlands, Netherlands Antilles, and Aruba, appeared before CEDAW on 27 January 2010.[1] The delegation was headed by Ms Sharon Dijksma, Minister for Education, Culture and Science; for Netherlands Antilles by Mrs Omayra Leeflang, Minister of Public Health and Social Development; and for Aruba by Ms M.J. Hooyboer-Winklaar, Minister of Economic, Social and Cultural Affairs. The Committee members commended the fact that women comprised the majority of the 35 member delegation.[2]

Committee members questioned whether the Convention has direct effect according to Dutch law, an issue that was previously raised during the 37th CEDAW session. The delegation clarified that Netherlands has a ‘qualified monistic legal system’, stating that courts have the final decision on the applicability of CEDAW, but provisions of treaties can only be applied if they are binding on all persons. It was further clarified that this system in no way interferes with the ability of an individual to make use of the Optional Protocol. It was unclear whether this explanation fully satisfied the Committee.

Netherlands Antilles and Aruba noted that the articles of the Dutch Constitution that give direct effect to international law and treaties also apply to their respective states. However, Netherlands Antilles stated that judges are more likely to refer to the European Convention on Human Rights than CEDAW, and Aruba admitted it was far from where it needed to be in terms of CEDAW being applied in practice.

Although the Committee acknowledged the positive women’s rights record of Netherlands, it expressed concern over the lack of a quota system within Parliament, and modest targets for female participation in the public service and education.[3] The delegation stated that it sets targets that it believes are realistic and attainable, and a debate on the issue of quotas is ongoing in Dutch society. Additionally, both delegates and Committee members agreed that the under-representation of women in defense forces worldwide was of concern, an issue the Netherlands is addressing by recruiting more women at entry level positions.[4]

The Committee also raised such issues as: the high percentage of women working only part-time or at home; a high prevalence of HIV/AIDS in Netherlands Antilles, and the lack of availability of generic drugs; legal and social protections for victims of trafficking and forced prostitution; disadvantages faced by women of non-Dutch heritage; birth registration laws in all three states whereby children receive the surname of their father automatically, unless a choice is made otherwise; and a restructuring of NGO funding, specifically in relation to supporting civil society reports for submission to CEDAW.

Netherlands Antilles noted that this would be its last appearance before the Committee, as it will be dissolved into two separate States of Curaçao and Sint Maarten in October 2010. It was not clarified if this would lead to additional independent reports, or an even larger delegation, in future sessions.