The Netherlands ratified the 1961 European Social Charter on 22/04/1980, accepting 71 (initially 69) of its 72 paragraphs and the Revised European Social Charter on 03/05/2006, accepting 97 of its 98 paragraphs (only applying to the Kingdom in Europe)

It ratified the 1988 Additional Protocol on 05/08/1992, accepting 3 of its 4 paragraphs and the 1991 Amending Protocol on 01/06/1993. 11 paragraphs (namely, Articles 1, 5, 6, 16 of the 1961 Charter and Article 1 of the 1988 Additional Protocol) remain applicable to Aruba, Curaçao, Sint Maarten and the Caribbean Part (special municipalities of Bonaire, Sint Eustatius and Saba).

The Netherlands accepted the 1995 Additional Protocol providing for a system of collective complaints on 03/05/2006 but has not yet made a declaration enabling national NGOs to submit collective complaints.
 

The Charter in domestic law

Automatic incorporation into domestic law.


Country factsheets

The country factsheets include detailed information on the findings of the European Committee of Social Rights when monitoring the application of the Charter at national level, as well as examples of progress in the implementation of the rights protected by the Charter.

The Netherlands factsheet


Latest Ad hoc Report by the Netherlands

See previous reports in respect of the Netherlands


Latest conclusions of the European Committee of Social Rights (ECSR)

See all conclusions in respect of the Netherlands (HUDOC)

See all conclusions in respect of the Netherlands (Antilles) (HUDOC)

See all conclusions in respect of the Netherlands (Aruba) (HUDOC)

See all conclusions in respect of the Netherlands (Curaçao) (HUDOC)

See all conclusions in respect of the Netherlands (Sint Maarten) (HUDOC)

See all conclusions in respect of the Netherlands (Special Caribbean municipalities) (HUDOC)


Latest findings of the European Committee of Social Rights

Findings 2019 of the European Committee of Social Rights on the follow-up to decisions on the merits in collective complaints in respect of the Netherlands


Table of accepted and non-accepted provisions by the Netherlands

Grey = Accepted provisions

1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3.1
3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5 6.1 6.2 6.3
6.4 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 8.1
8.2 8.3 8.4 8.5 9 10.1 10.2 10.3 10.4 10.5 11.1 11.2
11.3 12.1 12.2 12.3 12.4 13.1 13.2 13.3 13.4 14.1 14.2 15.1
15.2 15.3 16 17.1 17.2 18.1 18.2 18.3 18.4 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 20 21 22
23 24 25 26.1 26.2 27.1 27.2 27.3 28 29 30 31.1
31.2 31.3  

 

Meetings and reports on non-accepted provisions


Collective complaints procedure

The Netherlands accepted the 1995 Additional Protocol providing for a system of collective complaints on 03/05/2006 but has not yet made a declaration enabling national NGOs to submit collective complaints.

Back No. 47/2008, Defence for Children International v. The Netherlands

The complaint was registered on 4 February 2008. It is alleged that Dutch legislation deprives children residing illegally in The Netherlands of the right to housing (Article 31) and consequently of a series of additional rights laid down in Articles 11 (right to health), 13 (right to social and medical assistance), 16 (right to appropriate social, legal and economic protection for the family), 17 (right of children and young persons to appropriate social, legal and economic protection) and 30 (right to protection against poverty and social exclusion) alone or read in conjunction with Article E (non-discrimination) of the European Social Charter (revised).

The European Committee of Social Rights declared the complaint admissible on 23 September 2008.

The European Committee of Social Rights concluded that there was a violation of  Articles 31§2 and 17§1.c of the European Social Charter (revised), and transmitted  its report containing its decision on the merits of the complaint to the Parties and to the Committee of Ministers on  27 October 2009.

The Committee of Ministers adopted adopted Resolution CM/ResChS(2010)6 on 7 July 2010.
 

 Decision on admissibility of the Complaint 47/2008

 Decision on the merits of the Complaint 47/2008

 Resolution ResChS(2010)6 of the Committee of Ministers on 7 July 2010

 Findings of the European Committee of Social Rights on the follow-up of the Complaint


Previous national reports by the Netherlands

1961 Charter

Netherlands Antilles - 1961 Charter

Netherlands Aruba - 1961 Charter

Netherlands Curaçao - 1961 Charter

Netherlands Saint Martin - 1961 Charter