CAT/C/NLD/CO/7
(b)
Guarantee impartial counselling services and psychological and social
support for all intersex children and their parents, so as to inform them of the
consequences of unnecessary and non-urgent surgery and other medical treatment to
decide on the sex of the child and the possibility of postponing any decision on such
treatment or surgery until the persons concerned can decide by themselves;
(c)
Guarantee that full, free and informed consent is ensured in connection
with medical and surgical treatments for intersex persons and that non-urgent,
irreversible medical interventions are postponed until a child is sufficiently mature to
participate in decision-making and give effective consent;
(d)
Undertake investigation of instances of surgical interventions or other
medical procedures performed on intersex persons without effective consent and
prosecute and, if found responsible, punish perpetrators. It should also ensure that the
victims are provided with redress including adequate compensation.
Redress
54.
While noting that the law implementing directive 2012/29/EU establishing
minimum standards for the rights and protection of crime victims entered into force in 2017,
the Committee is concerned at the absence of information on redress, including
compensation measures ordered by the courts or other State bodies and actually provided to
victims of torture and ill-treatment or their families in Aruba, Curaçao and Sint Maarten (art.
14).
55.
The State party should ensure in law that victims of torture or ill-treatment
obtain full and effective redress and reparation, including compensation and the
means for as full rehabilitation as possible. In particular, Aruba, Curaçao and Sint
Maarten should reinforce their efforts to overcome the difficulties in law and in
practice in providing adequate compensation to victims. The Committee draws the
State party’s attention to its general comment No. 3 (2012) on the implementation of
article 14 by States parties, in which it elaborates on the nature and scope of the
obligations of States parties to provide full redress to victims of torture and illtreatment. The State party should also provide the Committee with information on
redress and on compensation measures, including means of rehabilitation ordered by
the courts or other State bodies and actually provided to victims of torture and illtreatment.
Data collection
56.
While taking note of the data provided in the annex to the State party’s report, the
Committee is concerned at the lack of disaggregated data on the number of complaints,
investigations, prosecutions, convictions and sanctions related to cases of torture and illtreatment throughout the State party.
57.
Recalling the Committee’s previous recommendations (CAT/C/NLD/CO/5-6,
para. 30), the State party should collect and provide the Committee with detailed
statistical data, disaggregated by crime, ethnicity, age and sex, relevant to the
monitoring of the implementation of the Convention at the national level, including
data on complaints, investigations, prosecutions, convictions and penal or disciplinary
sanctions related to cases of torture and ill-treatment by law enforcement, security,
military and prison personnel, as well as on means of redress, including the
compensation and rehabilitation provided to the victims.
Follow-up procedure
58.
The Committee requests the State party to provide, by 7 December 2019,
information on follow-up to the Committee’s recommendations on non-refoulement,
medical examinations as part of the asylum procedure and the National Agency for
the Prevention of Torture (see paras. 12 (a) and (b), 14 (a) and (b) and 23 above). In
that context, the State party is invited to inform the Committee about its plans for
implementing, within the coming reporting period, some or all of the remaining
recommendations in the concluding observations.
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