STRASBOURG – Most children surveyed by the Committee reported positive treatment from staff, who acted swiftly during incidents of violence among the children. Nonetheless, some children and youth care workers noted that instances of painful and forceful restraint still occur, which is prohibited.
The Committee views this as a potential breach of the Convention on Human Rights.
Since January 2024, new regulations regarding the use of forceful and painful restraints on children in youth care settings have been implemented. However, the Committee has observed that adherence to these regulations is inconsistent, primarily due to staff safety concerns. Additionally, there is confusion surrounding the rules and permissible methods of restraint.
The Committee urges the Netherlands to enhance inspections and create an effective complaints system to address violence in youth care. It also recognizes the financial constraints within the youth care sector that hinder these efforts. The Council has received a statement from the Netherlands where the cabinet commits to addressing the Committee’s recommendations.
Closed youth care facilities have faced significant scrutiny. For example, Jason Bhugwandass reported on the ZIKOS departments, designated for children with complex psychiatric issues, which represented the most extreme form of closed youth care. Bhugwandass’s findings indicated that these departments were unsafe for the children, a conclusion later supported by an official inspection. The ZIKOS departments have since been permanently shuttered.
(June 20, 2025)
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