The Dutch authorities should take further steps to avoid violence against children who are placed by the state in closed youth care institutions, according to the Council of Europe's anti-torture committee.
This is among the main findings of a report published today by the Committee for the Prevention of Torture (CPT) following its ad-hoc visit to three JeugdzorgPlus establishments - in Harreveld, Leidschendam and Cadier en Keer - in October 2024.
The aim of the visit was to examine steps taken by the Dutch authorities to counter violence against residents contrary to the European Convention on Human Rights.
During the visit, most of the children interviewed by the CPT said they were well treated by staff, who intervened rapidly when violence broke out between the children themselves.
However, the CPT received several allegations that staff had used excessive force when manually restraining (grabbing and holding) children. Both children and staff reported that painful manual restraint techniques were still being used, despite being prohibited. This, according to the CPT, could very well amount to violations of the human rights convention.
The report notes that the Netherlands introduced new legislation on the use of manual restraint and other restrictive measures in January 2024. However, even before its entry into force, the Dutch authorities knew that the new law would not be fully implemented.
The CPT delegation learned that safety concerns were often a reason for this non-compliance. The delegation also observed confusion as to which techniques are allowed under the new legislation, and uncertainty that all staff using manual constraint had been properly trained.
In addition to setting and properly implementing child-appropriate standards, the CPT also reminded the Netherlands of its human rights obligations to ensure the safety of children placed by the state in private institutions.
The CPT notably called for fit-for-purpose inspections and a well-functioning complaints mechanism, noting that the capacity of the Health and Youth Care Inspectorate remains limited and the existing complaints mechanism is rarely used.
Today's report has been published together with the response of the Dutch authorities.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visits places of detention in the states parties to the European Convention for the Prevention of Torture to assess how persons deprived of their liberty are treated with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment. These places include prisons, detention centres for children, police stations, immigration detention centres, psychiatric hospitals, and social care homes. After each visit, the CPT transmits a report containing its findings and recommendations to the government concerned.
