The Netherlands violates international agreements on protecting women against violence. GREVIO, a supervisory body of the Council of Europe, stated this in a report on Tuesday. According to the researchers, the Netherlands is structurally deficient. For example, victims receive too little protection and both the judiciary and agencies such as Veilig Thuis too often treat domestic violence as a conflict between two equals rather than as an abuse of power.
GREVIO (Group of Experts on Action against Violence against Women and Domestic Violence) is an independent group of experts of the Council of Europe that monitors the implementation of the Istanbul Convention. The treaty, which entered into force in the Netherlands in 2016, obliges countries to protect women against violence, prosecute perpetrators and implement policies that combat inequality between men and women.
GREVIO also notes positive developments:
the new moral law from 2024, for example
In 2020, researchers already warned that the Netherlands did not have its affairs in order. “Little progress has been made since the first GREVIO study,” the experts now write. “GREVIO regrets that the Netherlands has not taken the necessary steps to achieve a comprehensive and coordinated approach to violence against women.”
However, GREVIO also notes positive developments. For example, the new 2024 moral law, which requires consent for sex and criminalizes sexual harassment on the street and online. Various measures against sexual misconduct are also praised, including the appointment of a government commissioner – Mariëtte Hamer since 2022.
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Mediation
But the criticism dominates. GREVIO states that the Netherlands must “urgently intervene” to comply with the Istanbul Convention. For example, psychological violence is not yet separately punishable, although the treaty expressly prescribes this.
The shortcomings in legislation and policy also translate into practice. According to GERVIO, Veilig Thuis, the organization that investigates reports of domestic violence, too often views violence as a “conflict between partners”. Victims and perpetrators are therefore regularly placed on the same page.
According to GREVIO, this also happens within the judiciary. For example, violence is not always sufficiently taken into account in decisions about custody and contact. Protective measures such as house or contact bans are also used too cautiously.
Mediation is not mandatory in the Netherlands, but according to GREVIO it is too often encouraged in cases involving domestic violence. This is undesirable, because then there is no equality between the parties. “The safety of victims may be at risk,” the researchers warn.
‘disgrace’
The report is published at a time when violence against women is high on the agenda after a summer full of murders. For example, the murder of seventeen-year-old Lisa in Duivendrecht last August led to protest marches and the initiative We claim the night. Amsterdam mayor Femke Halsema spoke out strongly: “What should be self-evident – the safety of women and girls – is not self-evident. That is a disgrace to our society.”
Experts also expressed criticism. This spring, research by the Verwey-Jonker Institute showed that the insecurity of women and children hardly plays a role in judicial decisions about divorce, custody and contact. Last month a book by two family law experts was published about how intimate terror is barely recognized by the police, social services and the judiciary.
We are really learning a lot
At the end of September, the House of Representatives, in response to a initiative note by Songül Mutluer (GroenLinks-PvdA), one motion who calls on the government to implement measures that the Istanbul Convention requires – including the criminalization of psychological violence and better training for the police, Public Prosecution Service and the judiciary to recognize intimate terror.
The Ministry of Justice and Security and the Ministry of Health stated in a joint response that the report offers “concrete starting points” for further improvements and critical reflection on the Dutch approach. Various shortcomings identified by GREVIO are already being addressed. For example, a bill to criminalize psychological violence will go into consultation next year.
Power inequality
Family and juvenile judge Susanne Tempel, who responds on behalf of the judiciary, says she largely recognizes GREVIO’s criticism. She considers it important to better identify the cases in which violence and intimate terror play a role and to then deal with them correctly. “We are really learning a lot,” she says by telephone. For example, the judiciary training institute organized a conference at the end of last year and many courts provide training. “Knowledge is now at a completely different level than fifteen years ago, but not yet as prescribed by the Istanbul Convention.”
The judge emphasizes that the legal principle of equal parenthood still weighs heavily in family law. This was introduced to give fathers more equal rights, but has also led to a reflex in which violence and power inequality are not taken into account enough.
Moreover, she believes, violence or intimate terror are difficult to establish in court. “The judge is dependent on information from parties such as Veilig Thuis and the Child Protection Council. GREVIO rightly states that there is also room for catching up in the field of knowledge and skills.”
According to Tempel, in many cases no specialized questionnaires are yet administered by youth care agencies that can help recognize intimate terror. “In addition, a good system of information exchange is lacking,” she says. “Information from Veilig Thuis or the Child Protection Council does not automatically reach the judge. And what is known from criminal cases is certainly not known. That would help, but the law is not currently designed for that.”
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