Children possess specific rights that are laid down in the United Nations Convention on the Rights of the Child (CRC). These rights must be respected by parents, organisations, and the government.
The United Nations Convention on the Rights of the Child
The CRC was adopted by the UN in 1989 and ratified by the Netherlands in 1995. It encompasses essential rights for all minors up to 18 years of age.
Core Children's Rights
| Right | Description |
|---|---|
| Equal treatment | Every child has the same rights, regardless of background |
| Best interests of the child | The child's well-being is always central in decisions |
| Right to life and development | Right to healthy development |
| Right to participation | Children may express their opinion |
| Contact with both parents | Right to contact with both parents |
| Safety from violence | Protection against abuse and neglect |
| Right to education | Access to quality education |
| Right to leisure | Opportunity to play and relax |
Right to be Heard
Children have the right to participate in matters concerning them:
- From 12 years old: the court may invite the child for a discussion
- Under 12 years old: the court determines whether the child will be heard
- A child may submit a written statement to the court
- The child may share its own view
Children's Rights in Dutch Law
In the Netherlands, children's rights are also incorporated in national laws:
- Civil Code (parental authority, contact arrangements, maintenance)
- Youth Act (access to youth care)
- Compulsory Education Act (compulsory education)
- Child Protection Act
The Role of the Children's Ombudsman
The Children's Ombudsman supervises compliance with children's rights in the Netherlands. Both children and parents can turn to it with complaints about possible violations.
Can a child independently initiate a legal procedure?
Children from 12 years old may in certain family law matters submit a request themselves, such as regarding contact or parental authority. For other matters, a legal representative is required.Can a child decide which parent it lives with?
A child can indicate its preference, which is taken into consideration. However, the court decides based on the best interests of the child. The child's opinion is relevant but not decisive.What to do in case of violation of my children's rights?
You can contact a confidant, the Children's Ombudsman, or the Kindertelefoon (0800-0432). In serious situations, you can involve Safe at Home or the police.Frequently Asked Questions in Westland
What if my child is not heard in a court case?
Children from 12 years old have the right to a discussion with the judge. For younger children, the judge determines whether this is necessary. You can ask the judge to hear your child or submit a letter from your child. Optionally, engage a lawyer or contact the Children's Ombudsman. In Westland, you can also seek help from the Juridisch Loket Westland.
Can my child choose which parent it lives with after a divorce?
Your child may express a preference, but the judge decides based on the child's well-being. From 12 years old, the opinion carries more weight but is not binding. The judge looks at stability and safety.
What to do in case of discrimination at school?
Discrimination is not permitted under the CRC. Report it to the school management. If this does not help, you can file a complaint with the Netherlands Institute for Human Rights or the Children's Ombudsman. In serious cases, you can file a police report and gather evidence.
How can my child participate in a youth care trajectory?
Your child has the right to be heard in decisions concerning it. This can be via a youth care worker, a letter to the judge, or a confidant. From 12 years old, a child can submit a request itself. The Children's Ombudsman provides support.
What happens if a parent ignores the contact arrangement?
If a contact arrangement is not complied with, the other parent can ask the court to enforce it, for example via penalty payments. In extreme cases, parental authority may be adjusted. Mediation or legal assistance via the Juridisch Loket Westland can also provide a solution.
Local Support in Westland
For legal questions about children's rights, you can go to the Juridisch Loket Westland. Cases are often handled by the District Court of The Hague, under which Westland falls.