News item | 26-05-2023 | 19:00
Minister Conny Helder and State Secretary Maarten van Ooijen have decided on behalf of the cabinet to ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities (UN Convention on Disability) and the Third Optional Protocol to the International Convention on the Rights of the Child ( hereinafter: CRC). The government will immediately start the ratification process of the protocol to the UN disability treaty. The ratification process for the third optional protocol to the CRC starts after completion of the ratification process to the UN convention on disability and after an explicit weighing moment. In the past period, the advice of the Council of State has been studied and it has been decided to ratify it. Ratification of the protocol strengthens the protection of human rights in the national and international legal order.
Minister Clear: “People with a disability must be able to fully participate in the Netherlands. I therefore think it is important that people feel that they can get their rights. Fortunately, Dutch law already offers several options for this. With the ratification of the Optional Protocol, we strengthen these possibilities. That is why it is good news that we can now take a major step towards the ratification of the optional protocol of the UN Convention on Disability, with which we are also in line with international agreements.”
State Secretary van Ooijen: “Every child deserves to grow up in a safe, healthy and promising way. This also means that children have a voice and that their opinion matters. I also try to involve children in policy that affects them. It is therefore good news that we can now also take a step towards the ratification of the third optional protocol to the CRC, which further strengthens children’s rights.”
Optional Protocol UN Convention on Disability and CRC
The Optional Protocol empowers the Committee on the Rights of Persons with Disabilities and the UN Committee on the Rights of the Child to hear complaints from individuals or groups of individuals who believe they are victims of a state violation of the Convention. People can make use of this when there are no more opportunities at national level.
If the Committee receives reliable information indicating serious or systematic violations by a state, the Committee may ask that state to cooperate in an investigation. As a result of the investigation, the Committee may ask the State to include any measures taken as a result of the investigation in the State’s periodic reporting to the Committee.
Follow-up
It has been decided to start with the ratification of the Optional Protocol to the UN Convention on Disability first. Approval legislation will be drawn up for this. This legislation is submitted to parliament after approval by the cabinet and advice from the Council of State. Later in time, the same procedure will follow for the CRC, after an explicit weighing moment in which the experience gained with the ratification process is properly taken into account.