Human rights in the Netherlands

Last updated

Human rights are codified in the Dutch constitution. Together with other European states, the Netherlands is often at or near the head in international civil liberties and political rights rankings. [1] Per year there are about 6,000 victims of and 100 convictions for human trafficking. [2] [3] Despite this, the Netherlands is considered to have one of the best human rights records in the world.

Contents

Constitutional rights

The first chapter of the Dutch constitution codifies the rights of all inhabitants of the Netherlands. These are both negative and positive rights as well as democratic rights. This includes a ban on discrimination (the first article of the Netherlands), the freedom of religion, freedom of speech, freedom of association and freedom of assembly and the right to privacy. These are limitations on government, which citizens can enforce these classical civil rights directly at the judge. Additionally there are social rights such as the right to housing, social security, health care, education and employment. These are duties of the government towards its citizens, but these cannot be enforced by a judge. Democratic rights include the passive and active right to vote. The Netherlands has banned capital punishment during peace time and war time. The Ministry of the Interior and Kingdom Relations is responsible for the constitution.

In the Netherlands there are still some legacy laws conflicting with the freedom of speech. Lèse-majesté and Blasphemy law (amongst others), the latter was officially abolished on February 1, 2014. [4]

The Netherlands is signatory to all relevant international human rights instruments such as European Convention on Human Rights, Rome Statute (for the International Criminal Court) and the Universal Declaration on Human Rights, European Convention on Torture and the European Social Charter.

Practice

Several institutions are involved in the protection of classical human rights, in addition to the Supreme Court, the Commission Equal Treatment (non-discrimination), the Board Protection Personal Information (privacy) and the National Ombudsman.

In 2007 Amnesty International criticised the Dutch government of several human rights issues, including war crimes in the Iraq War, the treatment of alleged terrorists and the detention of migrants, especially children and an incident surrounding a fire in an asylum seeker detention centre. [5] In 2005 The US Department of State observed several problems with human rights such as the societal discrimination and violence against religious and ethnic minorities, especially after the murder of Theo van Gogh and the human trafficking in women and girls for sexual exploitation. [6]

Human trafficking

Human trafficking is a widely recognised problem. The Netherlands is listed by the UNODC as a top destination for victims of human trafficking. [7]

In the Netherlands, it is estimated that there are from 1,000 to 7,000 trafficking victims a year. Most police investigations relate to legal sex businesses, with all sectors of prostitution being well represented, but with window brothels being particularly overrepresented. [8] [9] [10] In 2008, there were 809 registered trafficking victims, 763 were women and at least 60 percent of them were forced to work in the sex industry. All victims from Hungary were female and were forced into prostitution. [11] [12] Out of all Amsterdam's 8,000 to 11,000 prostitutes, more than 75% are from Eastern Europe, Africa and Asia, according to a former prostitute who produced a report about the sex trade in Amsterdam, in 2008. [13] An article in Le Monde in 1997 found that 80% of prostitutes in the Netherlands were foreigners and 70% had no immigration papers. [14] [15]

In 2000, the Netherlands established the Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children to report on the progress of the Dutch Government in combating human trafficking, which produced its first report in 2002. [16]

By 2017 it is estimated that more than 6000 people in the Netherlands are human trafficked each year, 4000 largely local women for sexual slavery and abuse, and 2000 largely foreign men for work by organized crime groups. [17] Each year 1320 Dutch minor girls are being trafficked for sexual slavery and abuse. [3]

Torture and ill treatment

According to the Council of Europe anti-torture Committee, there were several violations of human rights committed by Dutch officials. [18]

Police brutality

In 2009, two police officers from Bleiswijk approached a homeless man sleeping on the grass in a town park, detained him, and drove him away to a place north of Moerkapelle. They then told him to dig his own grave, whilst threatening him with guns. The homeless man was left there. The incident came up only because one of the policemen has reported the incident to his superior. Both policemen were discharged and sentenced to six months in prison. [19] [20]

House visit controversy

People on welfare in the Netherlands can get a house visit by inspectors without any concrete suspicion of fraud required. Because forcing entry would be in conflict with the right to privacy, the citizen in question is asked permission to enter. However, if entry is denied, they can be cut on their income. [21] It is not accepted for the residents to make video recordings of this event in their own home. A significant large part of the Dutch population is potentially exposed these privacy invasive measures as they do not only apply to people on unemployment welfare but other benefits as well.

International law

The Netherlands hosts several international human rights institutions. The Hague is home to the International Criminal Court, the Yugoslavia Tribunal, the International Court of Justice, Rwanda Tribunal.

See also

Related Research Articles

<span class="mw-page-title-main">Sexual slavery</span> Slavery with the intention of using the slaves for sex

Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor, reducing a person to a servile status and sex trafficking persons, such as the sexual trafficking of children.

Child sex tourism (CST) is tourism for the purpose of engaging in the prostitution of children, which is commercially facilitated child sexual abuse. The definition of child in the United Nations Convention on the Rights of the Child is "every human being below the age of 18 years". Child sex tourism results in both mental and physical consequences for the exploited children, which may include sexually transmitted infections, "drug addiction, pregnancy, malnutrition, social ostracism, and death", according to the State Department of the United States. Child sex tourism, part of the multibillion-dollar global sex tourism industry, is a form of child prostitution within the wider issue of commercial sexual exploitation of children. Child sex tourism victimizes approximately 2 million children around the world. The children who perform as prostitutes in the child sex tourism trade often have been lured or abducted into sexual slavery.

<span class="mw-page-title-main">Prostitution in the Netherlands</span> Overview of the legality and practice of prostitution in the Netherlands

Prostitution in the Netherlands is legal and regulated. Operating a brothel is also legal. De Wallen, the largest and best-known Red-light district in Amsterdam, is a destination for international sex tourism.

<span class="mw-page-title-main">Child prostitution</span> Prostitution involving a child

Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child prostitution is illegal as part of general prohibition on prostitution.

<span class="mw-page-title-main">Sex trafficking</span> Trade of sexual slaves

Sex trafficking is human trafficking for the purpose of sexual exploitation. It has been called a form of modern slavery because of the way victims are forced into sexual acts non-consensually, in a form of sexual slavery. Perpetrators of the crime are called sex traffickers or pimps—people who manipulate victims to engage in various forms of commercial sex with paying customers. Sex traffickers use force, fraud, and coercion as they recruit, transport, and provide their victims as prostitutes. Sometimes victims are brought into a situation of dependency on their trafficker(s), financially or emotionally. Every aspect of sex trafficking is considered a crime, from acquisition to transportation and exploitation of victims. This includes any sexual exploitation of adults or minors, including child sex tourism (CST) and domestic minor sex trafficking (DMST).

Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.How many women live through this type of abuse every day remains unknown.

<span class="mw-page-title-main">Slavery in contemporary Africa</span> Modern history of slavery in Africa

The continent of Africa is one of the regions most rife with contemporary slavery. Slavery in Africa has a long history, within Africa since before historical records, but intensifying with the trans-Saharan and Indian Ocean slave trade and again with the trans-Atlantic slave trade; the demand for slaves created an entire series of kingdoms which existed in a state of perpetual warfare in order to generate the prisoners of war necessary for the lucrative export of slaves. These patterns persisted into the colonial period during the late 19th and early 20th century. Although the colonial authorities attempted to suppress slavery from about 1900, this had very limited success, and after decolonization, slavery continues in many parts of Africa despite being technically illegal.

<span class="mw-page-title-main">Prostitution in Belgium</span>

Prostitution in Belgium is legal and was decriminalized on 1 June 2022. Human trafficking or exploiting individuals involved in prostitution is punishable by a maximum prison sentence of 30 years.

Prostitution in Colombia is legal, regulated and limited to brothels in designated "tolerance zones". Sex workers are required to have regular health checks. However, the laws are rarely applied and prostitution is widespread, partly due to poverty and internal displacement.

<span class="mw-page-title-main">Prostitution</span> Engaging in sexual relations in exchange for payment

Prostitution is the business or practice of engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact with the customer. The requirement of physical contact also creates the risk of transferring diseases. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in this field is called a prostitute, and sometimes a sex worker.

<span class="mw-page-title-main">Human trafficking in Cambodia</span>

Cambodia is a source, transit, and destination country for human trafficking. The traffickers are reportedly organized crime syndicates, parents, relatives, friends, intimate partners, and neighbors. The most infmaous Cambodian human trafficker is Michael Donohue, a Canadian gym owner. Donohue has reportedly organized the capture and trafficking of over 1,300 Cambodian natives, most of whom were children./ Despite human trafficking being a crime in Cambodia, the country has a significant child sex tourism problem; some children are sold by their parents, while others are lured by what they think are legitimate job offers like waitressing, but then are forced into prostitution. Children are often held captive, beaten, and starved to force them into prostitution.

<span class="mw-page-title-main">Prostitution in Europe</span>

The legality of prostitution in Europe varies by country.

<span class="mw-page-title-main">Estimates of sexual violence</span>

Surveys of victims of crime have been undertaken in many cities and countries, using a common methodology to aid comparability, and have generally included questions on sexual violence. The United Nations has conducted extensive surveys to determine the level of sexual violence in different societies. According to these studies, the percentage of women reporting having been a victim of sexual assault ranges from less than 2% in places such as La Paz, Bolivia (1.4%), Gaborone, Botswana (0.8%), Beijing, China (1.6%), and Manila, Philippines (0.3%), to 5% or more in Istanbul, Turkey (6.0%), Buenos Aires, Argentina (5.8%), Rio de Janeiro, Brazil (8.0%), and Bogota, Colombia (5.0%).

<span class="mw-page-title-main">Human trafficking</span> Trade of humans for exploitation

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation. Human trafficking can occur within a country or trans-nationally. It is distinct from people smuggling, which is characterized by the consent of the person being smuggled.

<span class="mw-page-title-main">Human trafficking in the United States</span> Human trafficking as it relates to the United States

In the United States, human trafficking tends to occur around international travel hubs with large immigrant populations, notably in California, Texas, and Georgia. Those trafficked include young children, teenagers, men, and women; victims can be domestic citizens or foreign nationals.

<span class="mw-page-title-main">Prostitution law</span> Legality of prostitution

Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places.

According to the United States Department of State, human trafficking in the Netherlands is a problem which affects particularly women and girls, who are forced to work in the sex industry. In the year of 2009 there were 909 registered victims of human trafficking. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017.

<span class="mw-page-title-main">Human trafficking in Finland</span>

Finland is a transit, destination, and a limited source country for women, men and girls subjected to forced marriage, forced labor and sex trafficking. Finnish legislation condemns trafficking as a crime and has met the standards of the EU Protocol even before the convention came into effect. NGOs and the government cooperate in providing help for the victims of trafficking in Finland. Although the Finnish Police investigated and referred more people to care in 2013, prosecution and conviction numbers of suspected offenders remain low relative to the number of potential victims. The government is currently working on improving the anti-trafficking laws and practices to improve the situation. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017.

<i>Nefarious: Merchant of Souls</i> 2011 film by Benjamin Nolot

Nefarious: Merchant of Souls is a 2011 American documentary film about modern human trafficking, specifically sexual slavery. Presented from a Christian worldview, Nefarious covers human trafficking in the United States, Western and Eastern Europe, and Southeast Asia, alternating interviews with re-enactments. Victims of trafficking talk about having been the objects of physical abuse and attempted murder. Several former prostitutes talk about their conversion to Christianity, escape from sexual oppression, and subsequent education or marriage. The film ends with the assertion that only Jesus can completely heal people from the horrors of sexual slavery.

<span class="mw-page-title-main">Nordic model approach to prostitution</span> Approach to prostitution law first instituted in Sweden in 1999

The Nordic Criminal Model approach to sex work, also marketed as the end demand, equality model, neo-abolitionism, Nordic and Swedish model, is an approach to sex work that criminalises clients, third parties and many ways sex workers operate. This approach to criminalising sex work was developed in Sweden in 1999 on the debated radical feminist position that all sex work is sexual servitude and no person can consent to engage in commercial sexual services. The main objective of the model is to abolish the sex industry by punishing the purchase of sexual services. The model was also original developed to make working in the sex industry more difficult, as Ann Martin said when asked about their role in developing the model - "I think of course the law has negative consequences for women in prostitution but that’s also some of the effect that we want to achieve with the law... It shouldn’t be as easy as it was before to go out and sell sex."

References

General
Specific
  1. See Freedom House ranking, 2005 Archived 2006-02-17 at the Wayback Machine . Switzerland received the highest possible grade, 1, in both political rights and civil liberties. See also the Netherlands' entry in List of indices of freedom.
  2. "Why human trafficking convictions dropped in the Netherlands". 22 August 2017.
  3. 1 2 "Some 6,000 people a year in the Netherlands are victims of trafficking - DutchNews.nl". 18 October 2017.
  4. Wet van 23 January 2014 tot wijziging van het Wetboek van Strafrecht in verband met het laten vervallen van het verbod op godslastering, Stb. 2014, 39. (Law of January 23, 2014, to amend the Criminal Code in connection with the abolishment of the ban on blasphemy)
  5. "Countries". Amnesty International. Retrieved 5 October 2017.
  6. "Netherlands, The". U.S. State Department. Retrieved 5 October 2017.
  7. "UN highlights human trafficking". BBC. March 26, 2007.
  8. "Zoeken op BNRM English | Bureau of the Dutch Rapporteur on Trafficking in Human Beings". Archived from the original on 2012-06-29. Retrieved 2012-07-08.
  9. "Third | Bureau of the Dutch Rapporteur on Trafficking in Human Beings". Archived from the original on 2012-06-29. Retrieved 2012-07-08.
  10. "Fourth | Bureau of the Dutch Rapporteur on Trafficking in Human Beings". Archived from the original on 2012-04-08. Retrieved 2012-07-08.
  11. "Increase in human trafficking in Netherlands". Expatica.com. Retrieved 5 October 2017.
  12. "Dutch authorities register 809 human trafficking victims - Crossroads Magazine". Crossroadsmag.com. 9 February 2009. Retrieved 5 October 2017.
  13. "The Times & The Sunday Times". Thetimes.co.uk. Retrieved 5 October 2017.
  14. "Netherlands - Facts on Trafficking and Prostitution". Archived from the original on 2012-10-02. Retrieved 2012-06-26.
  15. "Human Trafficking & Modern-day Slavery - Netherlands". Gvnet.com. Retrieved 5 October 2017.
  16. Margaret Melrose; Jenny Pearce (2013). Critical Perspectives on Child Sexual Exploitation and Related Trafficking. Palgrave Macmillan. p. 151. ISBN   9781137294104.
  17. "Duizenden meisjes slachtoffers mensenhandel in Nederland". 18 October 2017.
  18. "European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)". Cpt.coe.int. Retrieved 5 October 2017.
  19. "Agenten opgepakt na vrijheidsberoving | Crimesite Camilleri". Archived from the original on 2014-01-08. Retrieved 2014-01-08.
  20. "RMF24: Zostali skazani za znęcanie się nad Polakiem. Jest odwołanie". Faktv.interia.pl. Retrieved 5 October 2017.
  21. "Eerste Kamer der Staten-Generaal - Huisbezoek voor rechtmatigheid uitkering (31.929)". Eerstekamer.nl. Retrieved 5 October 2017.