E/C.12/NDL/CO/4-5
(b)
The legislative amendments providing for compulsory education for all
children in all territories of the State party, irrespective of their legal status;
(c)
The introduction of a mechanism of reimbursement of medical fees for
services provided to undocumented migrants;
(d)
Measures, legislative and otherwise, put into place to improve work/life
balance; and
(e)
The maintenance by the Netherlands of a high level of official development
assistance at 0.7 per cent of its gross national product.
C.
Principal subjects of concern and recommendations
5.
The Committee is concerned at the unequal enjoyment of economic, social and
cultural rights among the four constituent countries of the State party (art. 2, paras. 1 and
2).
As the State party is accountable for the implementation of the Covenant in all
its territories, the Committee urges it to ensure the equal enjoyment of the
economic, social and cultural rights by all individuals and groups under its
jurisdiction. This entails an obligation for the State party to ensure that all its
enactments and policies should provide for all the same level of enjoyment of
economic, social and cultural rights. Moreover, the principle of “maximum
available resources” should apply to the State party and not to its constituent
countries individually. The Committee requests the State party to provide
information on practical measures adopted and implemented in this regard in
its next periodic report.
6.
Given the fact that the State party follows a monist system, whereby international
treaties are directly applicable, the Committee reiterates its concern that some provisions of
the Covenant are not self-executing and enforceable in the State party and that they have
not been admitted by courts to substantiate legal claims relating to economic, social and
cultural rights.
The Committee reiterates its recommendation that the State party has the
obligation to give effect to the rights contained in the Covenant in each
territory, so that individuals can seek enforcement of their rights before
national courts and tribunals. Moreover, in view of the numerous decisions of
the State party’s courts to the effect that the provisions of the Covenant are not
self-executing and thus not binding in accordance with articles 93 and 94 of the
Constitution of the State party, the Committee urges the State party to consider
all remedial measures, legislative or otherwise, to ensure that the Covenant
rights are applicable and justiciable in all its constituent countries. In this
regard, the Committee refers the State party to its general comment No. 9
(1998) on the domestic application of the Covenant. The Committee also
requests the State party to continue to provide in its periodic reports detailed
information on case law from all its territories regarding the implementation of
the Covenant.
7.
The Committee is concerned that none of the constituent countries of the State party
has yet adopted national human rights action plans.
The Committee calls on the State party to ensure that, in all its constituent
countries, national action plans for human rights in accordance with the
Vienna Declaration and Programme of Action of 1993 are adopted and
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