Committee on the Rights of Persons with Disabilities
Concluding observations on the initial report of the Kingdom of the Netherlands *
I.Introduction
The Committee considered the initial report of the Kingdom of the Netherlandsat its 725th and 726th meetings,held on 15 August 2024. It adopted the present concluding observations at its 747th meeting, held on 30 August 2024.
The Committee welcomes the initial report of the Kingdom of the Netherlands, which was prepared in accordance with the Committee’s reporting guidelines, and thanks the State party for its written repliesto the list of issues prepared by the Committee.
The Committee appreciates the constructive dialogue held with the State party’s delegation. The Committee also appreciates the active participation of the Netherlands Institute for Human Rights, in its capacity as the national human rights institution and independent monitoring mechanism, pursuant to article 33 (2) of the Convention.
II.Positive aspects
The Committee welcomes the measures taken by the State party to promote the rights of persons with disabilities and to implement the Convention since its ratification thereof in 2016, including the following:
(a)The development and adoption of anational strategy for the implementation of the Convention, in close consultation with persons with disabilities, through their representative organizations at the national and municipal levels, in February 2024;
(b)The decision by the Government to ratify the Optional Protocol to the Convention;
(c)The amendment of article 1 of the Constitution to include disability as one of the grounds of discrimination, in February 2023;
(d)The decision by the Government to introduce national equal treatment legislation, including the Act on Equal Treatment on the Grounds of Disability or Chronic Illness, in the Caribbean part of the Kingdom of the Netherlands, with a law planned to come into effect in January 2025;
(e)The adoption of the Youth Reform Agenda 2023–2028, aimed at amending parts of the Child and Youth Act of 2015 to improve support for young persons with disabilities and their families, in June 2023;
(f)The recognition of Dutch Sign Language as an official language, in 2021;
(g)The steps taken to implement the European Accessibility Act, which provides for accessibility standards across various sectors, such as goods, services and digital content, for persons with disabilities.
III.Principal areas of concern and recommendations
A.General principles and obligations (arts. 1–4)
The Committee is concerned that the State party does not intend to withdraw its interpretative declarations to certain articles of the Convention, which limit the full realization of the rights of persons with disabilities.
The Committee recommends that the State party take steps to withdraw its interpretative declarations to ensure the full protection and promotion of the rights of persons with disabilities.
The Committee notes that the State party has communicated its intention to ratify the Optional Protocol to the Convention but has not yet completed the ratification process.
The Committee recommends that the State party expeditiously finalize the process of ratifying the Optional Protocol to the Convention.
The Committee is concerned about the timeline for the ratification and implementation of the Convention in the Caribbean part of the Kingdom of the Netherlands.
The Committee recommends that the State party expedite the ratification and full implementation of the Convention in the Caribbean part of the Kingdom of the Netherlands and establish a plan for implementing the Convention, with clear targets, timelines and indicators. Furthermore, the Committee recommends that the State party establish a process for close consultation with and the active involvement of persons with disabilities , through their representative organizations , in the Caribbean part of the Kingdom of the Netherlands , and an independent monitoring mechanism for the implementation process. The Committee urges the State party to ensure the swift implementation of the Convention in the Caribbean part of the Kingdom of the Netherlands, to ensure that persons with disabilities fully enjoy their rights, and to base all new legislation on the human rights model of disability.
The Committee is concerned about:
(a)The lack of a comprehensive strategy that addresses all the articles and principles of the Convention, which results in the Convention not having been fully incorporated into domestic law;
(b)The lack of a systematic process for reviewing existing laws, policies and regulations to ascertain their conformity with the obligations under the Convention or to ensure that legislative action is taken to ensure compliance with the Convention, and the lack of harmonization in the implementation of the Convention across all levels of government, including at the national and municipal levels, resulting in inconsistencies and highly uneven protection and support for persons with disabilities, infringing their rights under the Convention;
(c)The uneven implementation of the Convention across municipalities, in particular in areas such as the legal obligation to devise an inclusion agenda, the accessibility of public services, the provision of social support, and funding for organizations of persons with disabilities, and the lack of coordination among municipalities, which create barriers for persons with disabilities and can significantly disrupt their lives and hinder their full participation in society, leading to a gap between the legal framework recognizing the rights under the Convention, on the one hand, and its practical implementation and the everyday reality experienced by persons with disabilities, on the other;
(d)The fact that the judiciary and administrative bodies generally do not interpret domestic law in the light of the Convention, even in areas in which thereis scope to do so.
The Committee recommends that the State party:
(a) Develop a comprehensive strategy to mainstream all the principles, obligations and rights established under the Convention across all levels of government and ensure that all legislation and policies are in line with the human rights model of disability;
(b) Systematically review existing laws, policies and regulations to ascertain the legislative action required to comply with the obligations under the Convention and establish human rights-based action plans that reflect a clear understanding of disability and contain measures to promote, protect and fulfil the rights under the Convention;
(c) Establish national standards and guidelines to ensure the effective implementation of the Convention across municipalities and provide adequate resources and training to local authorities and assist municipalities in meeting their obligations under the Convention, in particular in relation to the quality of support services and the establishment of an inclusion agenda; and develop a strategy to ensure clear communication and coordination among municipalities to facilitate the continuity of services and support for persons with disabilities in all areas of life when they move between municipalities;
(d) Ensure that its judicial and administrative bodies consistently and effectively apply the rights enshrined in the Convention in individual cases, whether as the basis for claims or as guidance for the interpretation of domestic law.
The Committee is concerned about:
(a)The lack of participation of persons with disabilities, including women with disabilities, in policy- and decision-making processes and the resulting failure to address their specific requirements, the barriers in legislation, policies and programmes, including insufficient mechanisms for consultation with and the involvement of organizations of persons with disabilities at all levels of government, and the barriers that organizations of persons with disabilities face in participating on an equal basis with others in national and European standardization processes, affecting the development of accessibility standards;
(b)The lack of financial support and insufficient structural funding to enable organizations of persons with disabilities to participate in public decision-making.
Recalling its general comment No. 7 (2018), the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Develop and implement a comprehensive strategy to ensure the participation of persons with disabilities, including women and girls with disabilities, in all policy and legislative processes, including mechanisms for regular consultation with them and their active involvement and adequate resources and support to enable the ir representative organizations to build the capacity for effective participation, including in the Caribbean part of the Kingdom of the Netherlands, and promote the effective participation of women and girls with disabilities, through their representative organizations, in all areas and at all levels; and prioritize the objective of adopting a clear strategy to create the infrastructure for participation in the n ational s trategy for the i mplementation of the Convention;
(b) Adopt policies to create the financial conditions for the participation of all persons with disabilities, through their representative organi z ations of all sizes , at all levels of government, including by ensuring long-term and structural support.
B.Specific rights (arts. 5–30)
Equality and non-discrimination (art. 5)
The Committee notes with concern that studies and data indicate that persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, continue to face various forms of stigmatization and discrimination, despite existing legal provisions. The Committee is also concerned about:
(a)The exemption of the education sector from anti-discrimination legislation;
(b)The disparities in policy enforcement and practices across different regions and institutions, which lead to highly inconsistent protection and support for persons with disabilities, infringing their rights under the Convention;
(c)The lack of consideration of intersectionality in policies and laws, in particular the absence of measures to address the requirements and experiences of and the multiple and intersecting barriers faced by persons with disabilities, who may experience discrimination on multiple grounds;
(d)The limited availability of complaint procedures, legal remedies and redress mechanisms for persons with disabilities experiencing discrimination;
(e)The absence of data on disability, gender or age in the data-collection system used by the courts, which makes it impossible to monitor the intersectionality of discrimination.
The Committee, recalling its general comment No. 6 (2018) and targets 10.2 and 10.3 of the Sustainable Development Goals, recommends that the State party:
(a) Amend the Act on Equal Treatment on the Grounds of Disability and Chronic Illness and explicitly include the right to inclusive education;
(b) Develop and implement clear guidelines and procedures to ensure the consistent application and enforcement of anti-discrimination policies and practices across all regions and institutions;
(c) Specifically address issues of intersectionality in the n ational s trategy for the implementation of the Convention;
(d) Ensure the effectiveness of complaint procedures and redress mechanisms and their accessibility to persons with disabilities and their representative organizations;
(e) Systematically collect disaggregated data, on disability, race, gender, age, ethnicity and other statuses, in order to take adequate measures against and ensure a focus on the intersectionality of discrimination in all areas of life.
Women with disabilities (art. 6)
The Committee is concerned about:
(a)The absence of laws and policies on gender equality in relation to the rights of persons with disabilities;
(b)The absence of policies, programmes and measures to protect the rights of women and girls with disabilities, in particular in cases of domestic and sexual violence;
(c)The absence of government plans to take action aimed at the advancement and empowerment of women and girls with disabilities and the fact that the position of women and girls with disabilities has not been placed on the national agenda;
(d)The lack of explicit inclusion of women with disabilities in policies on gender equality or disability, even though they are more likely to be victims of violence, including sexual violence, than other women and than men with disabilities, and the lack of awareness of the intersection of gender and disability among policymakers.
The Committee, recalling its general comment No. 3 (2016) and targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals, recommends that the State party, in close consultation with women and girls with disabilities, through their representative organi z ations:
(a) Enact specific laws and policies that guarantee gender equality in relation to the rights of persons with disabilities, in order to provide a foundation for women with disabilities to enjoy equal rights across all aspects of society;
(b) Establish policies, programmes and other measures to protect the rights of women and girls with disabilities, with a particular focus on preventing domestic and sexual violence against them;
(c) Ensure that the rights of women with disabilities are taken into account in all relevant legislative and policy frameworks and feature prominently in government plans and on government agendas;
(d) Develop policies and programmes on gender equality and disability that explicitly address the requirements of women with disabilities and improve awareness among policymakers of the intersection of gender and disability.
Children with disabilities (art. 7)
The Committee is concerned that:
(a)There are no specific laws and policies that explicitly address the requirements of children with disabilities;
(b)The existing comprehensive support programmes and services for children with disabilities may not be sufficiently effective or widely accessible;
(c)Data on children with disabilities are not systematically collected and managed;
(d)The involvement of children with disabilities in decision-making processes that affect their lives is limited, and, while provisions exist to support such involvement, there is insufficient evidence to show that the views of children with disabilities are consistently and effectively considered.
Recalling its joint statement with the Committee on the Rights of the Child on the rights of children with disabilities, the Committee recommends that the State party:
(a) Develop and implement specific laws and policies that explicitly address the rights of children with disabilities and ensure that these laws provide tailored support that considers the specific requirements of children with disabilities;
(b) Strengthen and expand comprehensive support programmes for children with disabilities, focusing on education, healthcare and inclusion, a nd ensure that these programmes are adequately funded, widely accessible and effectively monitored;
(c) Systematically collect and manage data on children with disabilities, balancing privacy concerns with the need for accurate information , and include data on the number of children receiving support services, the number in detention, the number in refugee centr e s and the number who are victims of trafficking;
(d) Develop mechanisms to ensure that children with disabilities can freely express their views on all matters affecting them and that their views are given due weight according to their age and maturity and provide age - , gender - and disability-responsive support to facilitate their participation.
Awareness-raising (art. 8)
The Committee is concerned about:
(a)The widespread use of non-invasive prenatal testing to detect fetal impairments, which may lead to the termination of pregnancies, reflecting underlying discriminatory attitudes towards persons with disabilities;
(b)Reports of pressure exerted by health personnel on prospective parents to terminate pregnancies following a diagnosis of Down syndrome or other impairment and the increase in selective terminations of pregnancies, promoting the medical model of disability and reinforcing societal perceptions that persons with Down syndrome and other impairments are less valuable;
(c)The insufficient inclusion of disability awareness in educational curricula and training programmes for civil servants, the insufficient involvement of organizations of persons with disabilities in awareness-raising initiatives, the inadequate reach of communication campaigns in the media and the fact that public awareness-raising campaigns are not sufficiently comprehensive in combating stigmatization, stereotypes, prejudice, harmful practices, negative attitudes, bullying and hate crimes, in particular in relation to certain types of impairments.
The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, including organizations of children with disabilities and of women and girls with disabilities :
(a) Take measures to protect the rights and dignity of persons with disabilities, including awareness-raising campaigns to combat discriminatory attitudes and promote the inherent value of all persons with disabilities;
(b) Ensure that persons using non-invasive prenatal testing are provided with comprehensive information and non-directive counselling that do not promote stereotypes about persons with disabilities and values associated with the medical model of disability, and help parents to make fully informed decisions;
(c) Adopt and implement comprehensive awareness-raising programmes and measures such as targeted public awareness campaigns to combat stigma tization and discrimination and specialized training programmes on the rights of persons with disabilities and the human rights model of disability for policymakers, the judiciary, law enforcement officers, media professionals , educators, professionals working with and for persons with disabilities, the general public and families of children with disabilities , and establish robust monitoring and enforcement mechanisms .
Accessibility (art. 9)
The Committee is concerned about:
(a)The remaining gaps in ensuring the accessibility of the physical environment, transport, information and communicationsto persons with disabilities, despite existing legislation, and the limited possibilities for the legal enforcement of accessibility standards, in particular for existing buildings and goods and services;
(b)The slow integration of a universal design approach into the State party’s policies, including in municipal planning laws, and insufficient accessibility requirements in public procurement laws and agreements;
(c)The delays in the full transposition of the European Accessibility Act into national law, the lack of ambition to fully implement accessibility requirements for the built environment and the absence of mandatory monitoring of progress with regard to accessibility and the implementation of the Residential Construction Decree under the Environment and Planning Act;
(d)The high number of inaccessible websites and applications of public sector bodies, despite compulsory accessibility requirements, delays in the full implementation of Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies, and reports of wrongful claims of full accessibility in accessibility declarations on government websites;
(e)The lack of digital accessibility of the websites and applications of private providers of goods and services, which particularly affects persons with visual impairments, and the lack of digital awareness among such providers.
Recalling its general comment No. 2 (2014) and Goal 9 and targets 11.2 and 11.7 of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Develop and implement comprehensive measures to ensure the full accessibility of the physical environment, transport, information and communication s to persons with disabilities in both urban and rural areas;
(b) Expedite the integration of a universal design standard in to all accessibility policies, ensuring that environments, products and services are designed to be accessible to and usable by everyone to the greatest extent possible, without the need for adaptation or specialized design;
(c) Fully and swiftly transpose the European Accessibility Act into national law, exceeding its minimum requirements; render the accessibility requirements for the built environment mandatory and incorporate them into national public procurement processes; and establish an overarching enforcement and monitoring mechanism to ensure the accessibility of public spaces and the built environment in accordance with the Residential Construction Decree under the Environment and Planning Act;
(d) Take immediate steps to ensure that all websites and applications of public sector bodies are fully accessible and in compliance with national legislation and European s tandard EN 301 549; and establish a stringent verification process for accessibility declarations on government websites and regular monitoring to prevent wrongful claims of full accessibility;
(e) Enhance the digital accessibility of the websites and applications of private providers of goods and services, in particular healthcare providers, and their awareness of digital accessibility by implementing targeted training programmes, providing technical support and offering incentives for the adopt ion of inclusive design practices.
Right to life (art. 10)
The Committee is concerned about:
(a)The significant number of persons with disabilities who have died in the custody of law enforcement officers, compared with the number of other persons who have died in custody;
(b)The recent changes in euthanasia law and the lack of specific protection measures to ensure adequate support for decision-making by persons with intellectual and/or psychosocial disabilities.
The Committee recommends that the State party:
(a) Ensure that the existing stigma around “ confused behaviour ” does not have a negative impact on the work of law enforcement officers;
(b) Ensure that persons with intellectual and/or psychosocial disabilities can freely express their informed consent under new euthanasia law by, inter alia, establishing mechanisms to ensure the provision of full, unbiased and disability-responsive information and protecting them from undue influence and pressure.
Situations of risk and humanitarian emergencies (art. 11)
The Committee is concerned about:
(a)The lack of inclusion of the requirements of persons with disabilities in disaster risk reduction plans and strategies to protect persons with disabilities in situations of risk and the insufficient consultation of persons with disabilities in the drafting of such plans and strategies;
(b)The fact that information and communications are not accessible to all persons with disabilities during emergencies and that the safety and well-being of persons with disabilities during emergencies are not guaranteed.
Recalling the Sendai Framework for Disaster Risk Reduction 2015 – 2030, the Inter-Agency Standing Committee Guidelines on the Inclusion of Persons with Disabilities in Humanitarian Action and its guidelines on deinstitutionalization, including in emergencies, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities , through their representative organizations, ensure the protection and safety of persons with disabilities in situations of risk, including by :
(a) Ensuring that disaster risk response plans and strategies at the federal, regional and municipal levels are drafted in close consultation with persons with disabilities , through their representative organi z ations , and explicitly address their specific requirements in all situa tions of risk;
(b) Ensuring the full accessibility of all communication measures, including emergency numbers and hotlines, implementing real-time communication methods and providing round-the-clock access to services such as text messaging, video relay services and other accessible communication s technologies to ensure that persons with disabilities can effectively reach emergency services at all times.
Equal recognition before the law (art. 12)
The Committee is concerned about:
(a)The effect of the State party’s interpretative declaration to article 12 of the Convention;
(b)The lack of recognition of the right of persons with disabilities to equality before the law through the continued use of substituted decision-making regimes that result in loss or limitation of legal capacity, the lack of comprehensive and coordinated measures to transition from substituted decision-making to supported decision-making models and the fact that supported decision-making mechanisms are not implemented in all cases;
(c)The negative effects of administrative guardianship in all areas of life, such as special banks that segregate banking services and make the existence of guardianship visible to anyone, the high costs associated with changing administrators and the fact that a person may legitimately be refused as a tenant if a guardianship regime is in place.
Recalling its general comment No. 1 (2014), the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Withdraw its interpretative declaration to article 12 of the Convention;
(b) Repeal all legislation and policies that permit substitute d decision-making and replace them with supported decision-making regimes that respect the will and preference of persons with disabilities and their right to equal recognition before the law, fully implement supported decision-making, including through the provision of a monitoring mechanism and a complaint mechanism accessible at no cost, and introduce a system of supported decision-making in the Caribbean part of the Kingdom of the Netherlands;
(c) Ensure that access to housing cooperatives and banks is not negatively affected by existing guardianship regimes .
Access to justice (art. 13)
The Committee is concerned about the barriers to access to justice for persons with disabilities, in particular:
(a)Restrictions on the legal capacity of persons with disabilities, in particular persons with disabilities under guardianship or other forms of substituted decision-making regimes;
(b)The limited accessibility of many courthouses and the limited accessibility of legal proceedings before judicial and administrative bodies, in particular for persons with hearing impairments;
(c)The high costs of legal aid and court fees, which impede access to justice for persons on low incomes, such as persons with disabilities who rely on benefits;
(d)Complex appeals procedures and a lack of accessible information.
The Committee recalls the International Principles and Guidelines on Access to Justice for Persons with Disabilities, prepared in 2020 by the Special Rapporteur on the rights of persons with disabilities and the Special Envoy of the Secretary-General on Disability and Accessibility and endorsed by the Committee, and target 16.3 of the Sustainable Development Goals and recommends that the State party:
(a) Repeal legislation that restricts the legal capacity of persons with disabilities in judicial and administrative proceedings and guarantee their access to justice on an equal basis with others, including throughout judicial and administrative proceedings;
(b) Ensure access to judicial and administrative facilities for all persons with disabilities, including through universal design, and the provision of alternative and augmentative means of information and communication, such as Braille, sign language, accessible digital formats, Easy Read, audio description and video transcription, throughout legal proceedings;
(c) Take the measures necessary to ensure that economic barriers do not impede access to justice, in particular for individuals reliant on disability benefits;
(d) Render legal procedures disability- and gender-responsive , ensure that persons with disabilities have access to clear, accessible information and adequate legal assistance and establish a central point for tailored advice and support to help them to navigate the complexities of the legal system and exercise their rights effectively.
Liberty and security of person (art. 14)
The Committee is concerned about:
(a)Provisions of the Act on Compulsory Mental Healthcare and the Act on Care and Involuntary Treatment of Psychogeriatric and Mentally Disabled Clients that allow for the involuntary detention of persons with intellectual and/or psychosocial disabilities;
(b)The complex and difficult-to-understand mechanism for making complaints of compulsory institutionalization and the lack of accessible information about the right to support from a client counsellor;
(c)Information on the lack of training of law enforcement officers on the requirements of persons with disabilities.
Recalling its guidelines on the right to liberty and security of persons with disabilities, its guidelines on deinstitutionalization, including in emergencies, and its general comment No. 1 (2014), the Committee recommends that the State party take all legislative, administrative, policy and judicial measures necessary to:
(a) Review and repeal all legal provisions, policies and practices that allow for involuntary deprivation of liberty on the basis of disability and withdraw its interpretative declaration to article 14 of the Convention;
(b) Es tablish a robust monitoring and evaluation framework for involuntary institutionalization and treatment, including involuntary measures in the home, take measures to ensure compliance with reporting obligations in that context and provide persons with disabilities with information in accessible formats and access to legal representation for the purpose of filing complaints against forced institutionalization;
(c) Provide training to all law enforcement officers on the requirements of persons with disabilities;
(d) Recognize the Committee ’ s joint open letter with the Special Rapporteur on the rights of persons with disabilities to the Council of Europe, dated June 2021 , and, in its future participation in any process for an additional protocol to or recommendation s concerning the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, refrain from support ing coercive measures and promote the establishment of a non ‑ coercive framework for mental health.
Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15)
The Committee is concerned about:
(a)The effect of the interpretative declaration to article 15 of the Convention and the exceptions for unique situations provided for in national legislation, which create a risk that persons with disabilities may be subjected to medical or scientific experimentation without their consent;
(b)The use of forced medical procedures and treatment, such as the non‑consensual administration of medication or electroconvulsive therapy, on persons with disabilities in psychiatric hospitals and social care institutions, the continued use of solitary confinement in care facilities and reports of the use of conductive energy devices, known as “tasers”, by law enforcement officers in mental health institutions, despite motions having been passed to ban their use in such institutions;
(c)The dependence of many persons with disabilities on “care providers” as an intermediary when filing a complaint;
(d)Reports that insufficient measures have been taken by the State party to address the concerns expressed by the Committee against Torture regarding the treatment of children in institutions for young people and reports from organizations of persons with disabilities of abuse and violence in closed youth care facilities such as very intensive short-term observation and stabilization (ZIKOS) departments.
Recalling its guidelines on deinstitutionalization, including in emergencies, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Withdraw its interpretative declaration to a rticle 15 of the Convention and amend national legislation to unequivocally prohibit any medical or scientific experimentation on persons with disabilities without their free and informed consent;
(b) Eliminate, in law, policy and practice, all forms of forced medical procedures and treatment; cease the use of solitary confinement in care facilities and develop and implement alternative measures; and enforce the ban on the use of “ tasers ” by law enforcement officers in mental health institutions and ensure that actions by law enforcement officers in institutions are strictly regulated and monitored;
(c) Establish independent and accessible complaint mechanisms that allow persons with disabilities to file complaints directly, without reliance on “ care providers ” , and ensure that all complaints are thoroughly investigated and addressed;
(d) Cease the placement of children in closed care institutions, closely monitor existing institutions and end the operation of all closed youth care facilities; and ensure that alternative community-based care and support options are available and accessible.
Freedom from exploitation, violence and abuse (art. 16)
The Committee is concerned about:
(a)The insufficient provision for the protection of students with disabilities in the policy vision for the promotion and protection of sexual health in schools and the lack of accessibility measures provided for therein;
(b)The significant number of persons with disabilities who have experienced sexual violence and the high risk of violence and abuse faced by women and girls with disabilities, both in the public and in the private spheres, reports that women and girls with disabilities who are victims of sexual violence cannot access the Sexual Assault Centre, the domestic violence advice and reporting centre or the numerous shelters for women, andthe lack of accessible information about sexual violence and victim support services;
(c)The lack of comprehensive data collection, research and monitoring on the prevalence and nature of violence, including sexual abuse, against persons with disabilities, including women, children, older persons, migrants, asylum-seekers and refugees with disabilities;
(d)The lack of an action plan to implement the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.
Recalling its statement of 2 5 November 2021 on the elimination of gender-based violence against women and girls with disabilities, and targets 5.1, 5.2 and 5.5 of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Review its policy and measures for the promotion and protection of sexual health in school settings and ensure their full accessibility to learners with disabilities and the early identification of violence and abuse against learners with disabilities;
(b) Implement comprehensive and targeted measures to prevent and address sexual violence and abuse against persons with disabilities , in particular women and girls with disabilities, including suitably equipped and accessible support services for survivors; guarantee that women and girls with disabilities who are victims of sexual violence can access centres and shelters for women; and ensure the accessibility of such centres and shelters and of information on sexual violence, victim support services and reporting mechanisms;
(c) Establish a comprehensive system to collect and monitor data on all forms of violence against persons with disabilities, including data disaggregated by gender, age, impairment and other relevant factors, and conduct comprehensive disability-inclusive research;
(d) Develop an action plan to implement the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence that specifically addresses the requirements of women and girls with disabilities.
Protecting the integrity of the person (art. 17)
The Committee is concerned about:
(a)The fact that the information on possible treatment and counselling provided by medical experts is still based on the medical model of disability, for example in relation to intersex children, as is the information provided to pregnant women undergoing prenatal screening;
(b)The reports of non-consensual, unnecessary and irreversible medical interventions and treatment performed on intersex persons, including during infancy and childhood, for example sterilization and castration, hormone treatment and genital surgery, often before the age of 12;
(c)Reports of legal provisions and practices that allow for forced contraception of women with disabilities.
The Committee recommends that the State party:
(a) Ensure that counselling and information services in areas relating to disability, in particular for intersex children and their families and for pregnant women undergoing prenatal screening, are based on the human rights model of disability rather than the medical model;
(b) Adopt clear legislative provisions that explicitly prohibit the performance of unnecessary and irreversible medical interventions, including surgical, hormonal and other medical procedures, on intersex infants and children; provide adequate counselling and support for families of intersex children; and provide healthcare and psychosocial support to intersex persons who have been subjected to intersex genital mutilation;
(c) Repeal legal provisions and practices, if any are in place, that allow for the forced contraception of persons with disabilities, ensuring that any decision related to contraception is based on the free and informed consent of the individual concerned.
Liberty of movement and nationality (art. 18)
The Committee is concerned about:
(a)The lack of information about the accessibility of information to asylum‑seekers and refugees with disabilities and about the training and monitoring of professionals working with asylum-seekers and refugees with disabilities;
(b)The fact that disaggregated data on asylum-seekers and refugees with disabilities are not systematically collected.
The Committee recommends that the State party:
(a) Provide training for professionals working with asylum-seekers, refugees and persons in refugee-like situations on the rights and requirements of persons with disabilities, ensuring the establishment of disability- and gender-responsive protocols;
(b) Establish a data-collection mechanism to inform the development of targeted policies and programmes and to monitor the effectiveness of measures taken to support the rights of refugees and asylum-seekers with disabilities and of persons with disabilities in refugee-like situations.
Living independently and being included in the community (art. 19)
The Committee is concerned about:
(a)The continued institutionalization of adults and children with disabilities, in particular those with intellectual and/or psychosocial disabilities, reports of violence and abuse in these institutions and the lack of a clear, actionable plan and time frame for deinstitutionalization;
(b)The lack of fully accessible community-based services, including mental health and personal assistance services;
(c)Reports of a persistent shortage of affordable and accessible housing for persons with disabilities;
(d)The lack of attention paid to the provision of inclusive housing and living arrangements, the obstacles faced by persons with disabilities regarding housing and living arrangements when they move within or between municipalities, leading to challenges in maintaining independent living, and the barriers faced by persons with disabilities, in particular persons facing complex barriers, when they apply for support services in municipalities, due to the bureaucratic, difficult-to-understand and lengthy application process.
Recalling its general comment No. 5 (2017), its guidelines on deinstitutionalization, including in emergencies, and the report of the Special Rapporteur on the rights of persons with disabilities on the transformation of services for persons with disabilities, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities , through their representative organizations :
(a) Develop and implement a clear strategy and a comprehensive action plan to end, as a matter of priority, the institutionalization of all persons with disabilities, including in small residential homes, and to support the transition of adults and children with disabilities to community-based settings, with specific time frames, sufficient human, technical and financial resources, and clear responsibilities for implementation and independent monitoring;
(b) Develop plans and implement existing programmes to provide and strengthen community-based services, including by developing mental health services and personal assistance in the community, and make existing services accessible to all persons with disabilities living in the community;
(c) Increase efforts, at all levels of government , to end the shortage of affordable and accessible housing for persons with disabilities;
(d) Enhance knowledge and awareness of inclusive housing and living arrangements and the right of persons with disabilities to live independently; harmonize regulations and procedures across municipalities and reduce obstacles to ensure that persons with disabilities face minimal disruptions when moving within or between municipalities; and render the application process for support services in municipalities fully accessible and ensure that persons with disabilities have timely access to the support necessary to live independently;
(e) Re-examine the allocation of funds, including the regional funds obtained from the European Union , dedicated to the provision of support services for persons with disabilities, to ensure the full implementation of the right to live independent ly .
Personal mobility (art. 20)
The Committee notes with concern:
(a)The fact that public transport is not yet fully accessible to persons with disabilities, limiting their ability to move freely and independently, the problems encountered when combining different types of transport, leading to coordination problems and inconsistent accessibility; and the partial replacement of public transport with neighbourhood buses operated by volunteers, which are not accessible, leading to reliance on segregated, target group transport;
(b)The reported problems with target group transport, on which persons with disabilities are still very much reliant, such as lack of availability, poor punctuality and significantly longer travel times compared with regular public transport;
(c)The different laws and regimes that are applicable, and the different authorities that are responsible, for the provision of mobility aids, leading to fragmentation and administrative obstacles, such as the need to reapply for support upon retirement or when moving between municipalities; and the contractual limitations on the range of mobility aids provided by support organizations in asylum centres and the resulting low quality.
The Committee recommends that the State party:
(a) Expeditiously ensure the full accessibility of public transport, regardless of mode of transport or provider;
(b) Minimize the need for target group transport by ensuring that all public transport is fully accessible; and improve the reliability and efficiency of target group transport;
(c) Harmonize laws and regulations concerning the provision of mobility aids to maintain continuity of support and services; and ensure that all asylum-seekers and refugees with disabilities and persons with disabilities in refugee-like situations have access to high-quality mobility aids that meet their specific requirements.
Freedom of expression and opinion, and access to information (art. 21)
The Committee is concerned about:
(a)The lack of national legislation on audio description;
(b)The shortage of Dutch Sign Language interpreters and the increased restrictions by the Employee Insurance Agencyon the allocation of interpreting hours;
(c)Barriers faced by persons with disabilities in gaining access to public information and communications, including on websites and in media services.
The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Enact legislation to guarantee the provision of audio description across public and private media;
(b) Take measures to address the shortage of Dutch Sign Language interpreters and ensure a fair and sufficient allocation of interpreting hours for persons with hearing impairments ;
(c) Allocate sufficient funding for the development, promotion and use of different accessible communication formats, including, but not limited to, Braille, deafblind interpretation, sign language, Easy Read, plain language, audio description, video transcription, captioning and tactile, augmentative and alternative means of communication.
Respect for privacy (art. 22)
The Committee is concerned about the lack of legislation regulating the exchange of non-medical sensitive data and the lack of clarity regarding the rules on the processing of medical and non-medical data that fall outside the scope of the Care and Compulsion Act and the Compulsory Mental Healthcare Act.
The Committee recommends that the State party establish clear rules to minimize the personal and medical data that persons with disabilities must provide when applying for insurance and social allowances or entitlements, ensuring that only essential information is collected, and provide measures to protect individuals from undue pressure to disclose personal data.
Respect for home and the family (art. 23)
The Committee is concerned about:
(a)The interpretative declaration to article 23 of the Convention;
(b)Restrictions in national legislation on the right to custody, the right to marriage and the right to parenthood for persons with intellectual and/or psychosocial disabilities;
(c)The fact that professionals evaluate the situation of persons with intellectual and/or psychosocial disabilities as being “not good enough for parenting”, support the use of contraception by such personsand discourage them from starting a family.
The Committee welcomes the information provided by the State party during the constructive dialogue about the ongoing discussion concerning the withdrawal of its interpretative declaration to article 23 of the Convention. The Committee recommends that the State party:
(a) Withdraw its interpretative declaration to article 23 of the Convention;
(b)Take concrete steps to review the provisions of national legislation restricting the rights of persons with intellectual and/or psychosocial disabilities to child custody, marriage and parenthood and to replace them with provisions establishing a supported decision-making model;
(c) Take measures to safeguard the reproductive health and rights of persons with disabilities, including education and awareness programmes and training for healthcare professionals on the reproductive health and rights of persons with disabilities and their right to autonomous decision-making without any form of discrimination .
Education (art. 24)
The Committee is concerned about:
(a)The perpetuation of the dual education system and the lack of concrete objectives, timelines and evaluations in the Work Agenda on the Path towards Inclusive Education 2035 for developing quality inclusive education;
(b)The high and increasing number of children placed in special education, the growing waiting lists for special education schools, the possibility of exemption from compulsory education on the basis of article 5a of the Compulsory Education Act and the increasingly large number of exemptions granted;
(c)The limited training provided to general education teachers on the rights of children with disabilities to inclusive education and on inclusive methods of teaching;
(d)The lack of access in mainstream schools to the supports necessary for inclusive education, in particular the lack of reasonable accommodation, taking into account all types of impairments, in particular for deaf students and students with hearing impairments;
(e)Reports of stigma against students with disabilities, including reports that persons with disabilities have been discouraged from pursuing tertiary education.
Recalling its general comment No. 4 (2016) and targets 4.5 and 4.a of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, including learners with disabilities , through their representative organizations, and their families:
(a) Work towards a fully inclusive education system for all children, including children with intellectual and/or psychosocial disabilities and autistic children, that ends specialized education; review the current implementation plan; and establish concrete objectives, timelines and evaluation mechanisms to ensure an effective transition towards inclusive education;
(b) Take immediate measures to reduce the number of children placed in special education by increasing the capacity of mainstream schools to accommodate students with disabilities, providing adequate resources and support, including training, to mainstream schools to facilitate inclusion; and amend national legislation on exemptions from compulsory education for children with disabilities, including children with physical or intellectual and/or psychosocial disabilities, with high support requirements, ensuring that all children with disabilities can exercise their right to education;
(c) Improve the curricula and teaching methods used by mainstream education teachers with regard to the rights of children with disabilities to inclusive education and inclusive education methods of teaching;
(d) Ensure that mainstream schools are fully accessible and provide reasonable accommodation for all students with disabilities, in particular deaf students and students with hearing impairments;
(e) Ensure access to inclusive tertiary education, including vocational and higher education, for children and adults with disabilities.
Health (art. 25)
The Committee is concerned about:
(a)The interpretative declaration to article 25 of the Convention, in accordance with which healthcare professionals may determine on solely medical grounds what healthcare is to be provided;
(b)The lack of measures taken to ensure that the will, preference and right to self‑determination of persons with disabilities are respected in all medical procedures;
(c)Reports of undue influence on women undergoing non-invasive prenatal testing for the detection of fetal impairments;
(d)The waiting time for persons with disabilities, in particular persons with psychosocial disabilities, to receive health services and the lack of effective government measures to reduce waiting times;
(e)The insufficient knowledge among professionals in healthcare facilities, in particular concerning invisible impairments, and the resulting provision of unsuitable treatment or assessment of non-standard behaviour, and the persistence of negative stereotypes among healthcare providerswith regard to persons with intellectual and/or psychosocial disabilities, leading to disparities in treatment and the provision of healthcare;
(f)The barriers for persons with disabilities in access to appropriate healthcare services, in particular for persons with intellectual disabilities, due to the complicated system and the digital skills required, and the differences in the quality and availability of and access to healthcare services between municipalities.
Recalling targets 3.7 and 3.8 of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:
(a) Withdraw the interpretative declaration to article 25 of the Convention so that persons with disabilities can fully enjoy their right to healthcare;
(b) Ensure that medical interventions are based on the will and preference of persons with disabilities and respect their right to self-determination;
(c) Ensure that pregnant women undergoing prenatal screening for the detection of fetal impairments can make fully informed decisions on their pregnancy without undue influence;
(d) Ensure that all persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, persons with disabilities still living in institutions and children and women with disabilities, have access to healthcare services in a timely manner, reduce waiting times for access to healthcare services and increase community-based mental healthcare services;
(e) Provide comprehensive training for healthcare professionals on the rights of persons with disabilities and the requirement for accessibility and reasonable accommodation in all aspects of healthcare provision and on the recognition, understanding and treatment of different types of impairments; and implement mandatory training programmes for healthcare providers to improve their awareness of and attitudes towards persons with intellectual and/or psychosocial disabilities, addressing negative stereotypes and promoting a more inclusive and respectful approach;
(f) Improve the accessibility of healthcare services and offer assistance to persons with disabilities and their families in navigating the healthcare system.
Habilitation and rehabilitation (art. 26)
The Committee is concerned about the barriers faced by persons with disabilities when returning home after surgery or in relation to physiotherapy, due to the expensive and complicated system.
Recalling the link between article 26 of the Convention and target 3.7 of the Sustainable Development Goals, the Committee recommends that the State party take measures to secure access for persons with disabilities to comprehensive and cross-sectoral habilitation and rehabilitation services, programmes and technologies, within the community, and in all parts of the State party.
Work and employment (art. 27)
The Committee is concerned about:
(a)The high incidence of unemployment among persons with disabilities, in particular women and young persons with disabilities, and the continued discrimination in the context of remunerationagainst persons with disabilities with “reduced work capacity”;
(b)The discrimination and barriers that persons with disabilities face in their employment, including denial of reasonable accommodation and lack of measures to ensure the accountability of employers in the public and private sectors for not respecting targets for the employment of persons with disabilities;
(c)The use of the term “occupational disability” to refer to disability;
(d)The continued use of the medical model of disability to promote the employment agenda for persons with disabilities, as evidenced by the use of sheltered workshops as a means of employing persons with disabilities.
Recalling its general comment No. 8 (2022), and in line with target 8.5 of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations :
(a) Review national legislation to address the systemic and structural barriers experienced by persons with disabilities, in particular women and young persons with disabilities and persons with intellectual and/or psychosocial disabilities, and take measures to increase the number of persons with disabilities in the open labour market;
(b) Enforce the implementation of agreements on targets for the employment of persons with disabilities in both the public and the private sectors and strengthen measures to ensure the accessibility of , and provision of reasonable accommodation at , workplaces, including by raising awareness among employers about their obligations and providing resources to facilitate the provision of reasonable accommodations;
(c) Amend legislation to make appropriate reference to persons with disabilities instead of using the term “ occupational disability ” in the context of the labour market;
(d) Take all steps necessary to align programmes, policies and legislation relating to the labour market to reflect the human rights model of disability, including by ending the current practice of using sheltered workshops.
Adequate standard of living and social protection (art. 28)
The Committee is concerned about:
(a)The disproportionately high risk of poverty among persons with disabilities, the lack of measures to address poverty among persons with disabilities and the lack of regular studies examining the systemic causes of the intersection of poverty and disability to adequately inform government policies and plans, using the human rights model of disability; and the lack of data collected about poverty, income inequality and homelessness;
(b)The lack of information on the number of persons with disabilities, in particular persons with psychosocial disabilities and/or intellectual disabilities, who have benefited from the homelessness programme;
(c)Information indicating that the combined income of the household determines the amounts that persons with disabilities receive in social benefits and that they are required to pay in personal contributions towards long-term social allowances, which limits access to social benefits for persons with disabilities, in particular young persons with disabilities.
Recalling the links between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, which are aimed at empowering and promoting the economic inclusion of all persons, irrespective of disability, the Committee recommends that the State party:
(a) Address the increased risk of poverty among persons with disabilities and mainstream disability into all studies, research initiatives , policies and plans related to poverty reduction, using the human rights model of disability;
(b) Ensure equal access for persons with disabilities, in particular persons with psychosocial and/or intellectual disabilities, to homes for homeless persons and develop comprehensive, multidisciplinary program me s for homeless individuals that are tailored to persons with intellectual and/or psychosocial disabilities;
(c) Ensure that disability is the main factor in the recognition and calculation of assistance for disability-related expenses and the social allowances provided for and personal contributions required from persons with disabilities, avoiding means-tested benefits based on household income.
Participation in political and public life (art. 29)
The Committee is concerned about:
(a)The interpretative declaration to article 29 of the Convention, which reflects an interpretation of assistance that leads to denial of reasonable accommodation forpersons with disabilities;
(b)The low participation of persons with disabilities in public and political life, including in election campaigns;
(c)The continued lack of accessibility of the voting procedure, including the physical inaccessibility of polling stations and booths and the lack of accessible information.
The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities and their representative organizations:
(a) Withdraw its interpretative declaration to art icle 29 of the Convention and amend the legislative framework to include assistance as a form of reasonable accommodation in order to ensure the human rights of all persons with disabilities;
(b) Develop and ensure the implementation of measures to promote the effective and full participation of persons with disabilities in political and public life on an equal basis with others, including the right of and opportunit ies for persons with disabilities to vote and to stand for election and their access to high-level decision-making positions at the national, region al and municipal levels, and increase their participation in public services by taking into account indicator 16.7.1 of the Sustainable Development Goals;
(c) Ensure the accessibility of voting material s and polling stations across all regions and municipalities and of election campaigns, including by providing support measures for persons with intellectual disabilities through alternative and augmentative modes of information.
Participation in cultural life, recreation, leisure and sport (art. 30)
The Committee is concerned about the lack of accessibility of some cultural, recreation, leisure and sport facilities and the shortcomings in increasing the use of such facilities by persons with disabilities, in particular persons with disabilities with high support requirements and children with disabilities.
The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, strengthen measures to increase the accessibility of cultural, recreation, leisure and sports facilities and encourage and facilitate their use by persons with disabilities, including children with disabilities.
C.Specific obligations (arts. 31–33)
Statistics and data collection (art. 31)
The Committee is concerned about:
(a)The shortcomings in the collection and publication of data on the situation of persons with disabilities across the entirety of theState party, includingin the Caribbean part of the Kingdom of the Netherlands, and across all areas of life, including health, education, employment and the justice system;
(b)The lack of disaggregated data, including in relation to the situation of lesbian, gay, bisexual, transgender and intersex persons with disabilities, asylum-seekers with disabilities, refugees and stateless persons with disabilities, persons with disabilities in refugee-like situations, persons with disabilities under temporary protection, children with disabilities, in particular concerning education, women and girls with disabilities and persons with disabilities still in institutions.
The Committee recommends that the State party use the Washington Group on Disability Statistics short set of questions on functioning and the policy marker on the inclusion and empowerment of persons with disabilities of the Development Assistance Committee of the Organisation for Economic Co-operation and Development , promote inclusivity and improve systems for collecting data on disability, with data disaggregated by age, sex, gender, race, ethnicity, urban or rural location and migrant, refugee or asylum-seeking status, and :
(a) Develop a comprehensive national disability data framework to ensure appropriate, nationally consistent measures for the collection, interpretation and public reporting of disaggregated data on the full range of obligations under the Convention, across the entire S tate party, including in the Caribbean part of the Kingdom of the Netherlands , and fully respect its privacy legislation in its collection of disaggregated data;
(b) Ensure the appropriate collection of disaggregated data , including with respect to lesbian, gay, bisexual, transgender and intersex persons with disabilities, members of ethnic and racialized minorities with disabilities , refugees and stateless persons with disabilities, persons with disabilities in refugee-like situations, persons with disabilities under temporary protection, children with disabilities, women and girls with disabilities and persons with disabilities still in institutions.
International cooperation (art. 32)
The Committee is concerned about:
(a)The lack of a systematic and coordinated strategy to implement the 2030 Agenda for Sustainable Development in the international cooperation activities of the State party, with the full involvement of persons with disabilities, including with regard to the European Consensus on Development;
(b)The general lack of the systematic and active involvement of and close consultation with persons with disabilities, including women and girls with disabilities, through their representative organizations, in the State party’s international cooperation activities.
The Committee recommends that the State party adopt concrete measures to ensure close consultation with and the active involvement of persons with disabilities, through their representative organizations, in international cooperation agreements and programmes, specifically in the implementation of the 2030 Agenda for Sustainable Development and monitoring of the achievement of the Sustainable Development Goals at all levels , and :
(a) Develop a systematic and coordinated strategy to implement the 2030 Agenda for Sustainable Development in its international cooperation activities, including with regard to the European Consensus on Development;
(b) Establish measures to ensure the active involvement of and close consultation with persons with disabilities, including women and girls with disabilities, through their representative organizations, in the design, development, monitoring and evaluation of strategies and programmes on international cooperation.
National implementation and monitoring (art. 33)
The Committee acknowledges that the State party’snational human rights institution has been awarded A status and is compliant with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). However, the Committee notes with concern:
(a)The lack of a systematic method of coordination among the various focal points that the State party has established to implement the Convention;
(b)The lack of mechanisms to ensure the involvement of persons with disabilities, through their representative organizations, from the Caribbean part of the Kingdom of the Netherlands in monitoring the implementation of the Convention.
Recalling its guidelines on independent monitoring frameworks and their participation in the work of the Committee, the Committee recommends that the State party, with the active involvement of and in close consultation with persons with disabilities , including women and children with disabilities, through their representative organizations:
(a) Establish a systematic method of coordination among the various focal points established to implement the Convention;
(b) Develop mechanisms to ensure the full and effective involvement and participation of persons with disabilities, through their representative organizations, in the Caribbean part of the Kingdom of the Netherlands in monitoring the implementation of the Convention.
IV.Follow-up
Dissemination of information
The Committee emphasizes the importance of all the recommendations contained in the present concluding observations. With regard to urgent measures that must be taken, the Committee would like to draw the State party ’ s attention to the recommendations contained in paragraphs 12, on general principles and obligations, 36, on freedom from torture or cruel, inhuman or degrading treatment or punishment , and 54, on education.
The Committee requests the State party to implement the recommendations contained in the present concluding observations. It recommends that the State party transmit the concluding observations for consideration and action to members of the Government and P arliament, officials in relevant ministries, local authorities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media, using modern social communication strategies.
The Committee strongly encourages the State party to involve civil society organizations, in particular organizations of persons with disabilities, in the preparation of its periodic report.
The Committee requests the State party to disseminate the present concluding observations widely, including to non-governmental organization s and organizations of persons with disabilities , and to persons with disabilities themselves and members of their families, in national and minority languages, including sign language, and in accessible formats, including Easy Read, and to make them available on the government website on human rights.
Next periodic report
Under the simplified reporting procedure, the Committee will transmit to the State party a list of issues prior to reporting at least one year prior to 14 July 2030, the date by which the State party ’ s combined second to fourth periodic reports are due. The replies of the State party to that list of issues will constitute its combined second to fourth periodic reports. The State party may opt out of the simplified reporting procedure within one year of the Committee ’ s adoption of the present concluding observations.