Datos de los paneles

Netherlands
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of nationally representative child labour data, there is no change to report.

%
Best Target 8.7 Data: Human Trafficking

The data visualization displays the number of identified victims of human trafficking per year in the Netherlands. Detailed information is provided in the Measurement tab (above).

Data Availability
  • Child labour: No ILO/UNICEF data
  • Human trafficking: Case data available
Context
Human Development

Human Development Index Score: 0.934 (2018)

Mean School Years: 12.2 years (2018)

 

Labour Indicators

Vulnerable Employment: 12.6% (2018)

Working Poverty Rate: No data available

Government Efforts
International Aid Commitments

Total Development Assistance to Anti-Slavery (2000-2013):

66,072,558 USD

Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Ratified 2017
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2002
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accepted 2005
Social Protection Coverage

General (at least one): 97.5% (2016)

Unemployed: 73.0% (2015)

Pension: 99.0% (2014)

Vulnerable: 90.3% (2016)

Children: 100% (2016)

Disabled: 100% (2016)

Poor: 100% (2016)

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

Youth employment in the Netherlands is permitted only to those ages 15 and up, and is regulated by the Working Hours Act. There is no data available on child labour in Netherlands, most likely due to relatively low incidence.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

Identified Victims of Human Trafficking (Source: GRETA)

According to the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA), the Netherlands is predominantly a country of destination of victims of trafficking in human beings (THB), but also to an increasing extent a country of origin as well as a country of transit. Sex trafficking is the most prevalent form of trafficking, and the majority of victims are female.

The graph on the right shows the number of identified victims of human trafficking per year in the Netherlands, as reported by Dutch authorities to GRETA.

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Netherlands between 1990 and 2018. Only certain sample years have data disaggregated by sex. 

The most recent year of the HDI, 2018, shows that the average human development score in Netherlands is 0.934. This score indicates that human development is very high. 

 

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Netherlands over time.

 

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1991 and 2018, Netherlands showed an increase in the proportion of workers in vulnerable employment as compared to those in secure employment.

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation. 

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

Rates of Non-fatal Occupational Injuries (Source: ILO)

Occupational injury and fatality data can also be crucial in prevention and response efforts. 

As the ILO explains:

“Data on occupational injuries are essential for planning preventive measures. For instance, workers in occupations and activities of highest risk can be targeted more effectively for inspection visits, development of regulations and procedures, and also for safety campaigns.”

There are serious gaps in existing data coverage, particularly among groups that may be highly vulnerable to labour exploitation. For example, few countries provide information on injuries disaggregated between migrant and non-migrant workers.

 

Rates of Fatal Occupational Injuries (Source: ILO)

Data on occupational health and safety may reveal conditions of exploitation, even if exploitation may lead to under-reporting of workplace injuries and safety breaches. At present, the ILO collects data on occupational injuries, both fatal and non-fatal, disaggregating by sex and migrant status.

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children. “

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements, as recognized by Member States in the New York declaration for refugees and migrants of September 2016.”

The chart displays UNHCR’s estimates of persons of concern in Netherlands.

Underdevelopment influences and is influenced by Target 8.7 forms of exploitation. This suggests an important role for development assistance and programming in addressing these issues.

Yearly ODA Commitments to Anti-Slavery (Data Source: UNU-CPR)

A recent report released by UNU-CPR attempts to size ODA contributions that focus on tackling SDG 8.7 forms of exploitation. Netherlands committed 66,072,558 USD between 2000 and 2013 on anti-slavery programming. Annual commitments fluctuate, though it is important to note that commitments at any point in time may be dispersed over the course of several years. The chart also depicts the percentage of Netherlands’ GNI contributed to ODA. It should also be noted that this count does not include non-ODA assistance, domestic expenditure, or the growing flows of charitable giving directed at these concerns. The data source provides information up to 2013.

More current data may show a significant increase in spending on this programming, especially after the adoption of the 2030 Agenda for Sustainable Development in 2015 and the Call to Action in 2017.

ODA Commitments by Form of Exploitation (Data Source: UNU-CPR)

Disaggregating ODA commitments by forms of exploitation using terms listed in each project description can provide a sense of the way aid is being spent on the various issues.

The graph shows that ODA commitments to Target 8.7 issues by Netherlands between 2000 and 2013 were diverse. Spending was primarily directed towards combatting child labour. In 2005, there was an uptick in spending geared towards forced labour. Programming to combat human trafficking and child soldiering has also received significant attention.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Constitution, 2008

“Article 19
1. It shall be the concern of the authorities to promote the provision of sufficient employment.
2. Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of Parliament.
3. The right of every Dutch national to a free choice of work shall be recognised, without prejudice to the restrictions laid down by or pursuant to Act of Parliament.”

Child Labour

Arbeidstijdenwet, ATW (Working Hours Act) 1995

“Definitions of employer and worker
Article 1:1
1. For the purposes of this law and the provisions based thereon:

a. employer shall be understood to mean:

1. a person for whom another person is required to carry out work under a contract of employment or by public appointment,except where that other person is made available to a third party to carry out work which that third party normally carries out;
2. a person to whom another person is made available to carry out work as referred to in 1;

b. worker. shall be understood to mean the other person referred to in a

2. For the purposes of this law and the provisions based thereon:

a. employer shall also be understood to mean a person who, while not an employer or worker within the meaning of paragraph 1, causes another person to carry out work under his authority;
b. worker shall also be understood to mean the other person referred to in a.

3. For the purposes of this law and the provisions based thereon young worker shall be understood to mean a worker of 16 or 17 years of age.”

“Definitions of child and work in connection with child labour
Article 1:2
1. for the purposes of this law and the provisions based theron child shall be understood to mean a person under 16 years of age
2. For the purposes of this law and the provisions based thereon work shall also be understood to mean activities carried out by a child in fulfilment of an agreement”

“Chapter 3: Ban on Child Labour
Definition of responsible person
Article 3:1
for the application of this chapter and the provisions based thereon responsible person shall be understood to mean:

a. the employer
b. anyone exercising parental control or guardianship over a child or in whose household a child is resident”

“Ban on child labour
Article 3:2
1. The responsible person shall ensure that a child does not work
2. Paragraph 1 shall not apply to

a. work as part of an alternative punishment carried out by a child of 12 years of age or older, provided that such work is not carried out during school hours;
b. light non-industrial work carried out by a child of 13 years of age or older, provided that such work is not carried out during school hours;
c. light work carried out by a child of 14 years of age or older, provided that such work is carried out in addition to and in connection with his/her schooling;
d. morning newspaper delivery work carried out by a child of 15 years of age, provided that such work is not carried out during school hours.

3. The Minister shall lay down more detailed rules relating to paragraph 2.
4. The responsible person shall comply with the detailed rules referred to in paragraph 3.”

“Exemptions
Article 3:3
Information
Article 3:4
Detailed provisions
Article 3:5”

Burgerlijk Wetboek (Civil Code) 1992

“Article 7:612 Employees under age
1. A minor who has reached the age of sixteen years, has the legal capacity to enter into an employment agreement. With regard to all that is related to this employment agreement he takes the same position as an adult to an employment agreement, and he may appear in court without the assistance of his legal representative.
2. If a minor without legal capacity has entered into an employment agreement and, subsequently, performs work in the service of the employer for a period of four weeks, during which his legal representative has not invoked any ground of voidability based on his legal incapacity, then this minor is considered to have obtained the approval of his legal representative to enter into this employment agreement.
3. A minor without legal capacity who has entered into an employment agreement with the approval of his legal representative, takes with regard to all that is related to this employment agreement the same position as an adult to an employment agreement, except with regard to what is provided for in paragraph 4.
4. A minor without legal capacity cannot appear in court without the assistance of his legal representative, except when the court has assessed that the legal representative is not able to explain himself [this is the case when the employment agreement has been entered into or has been ended outside the Netherlands].”

“Article 7:631 Withholding wages and imposed spending
1. A contractual provision which gives the employer the right to withhold any wages at the pay day, is null and void, notwithstanding the competence of the employee to provide the employer a written procuration (power of attorney) to use the payable wages to make certain payments in the employee’s name. This procuration (power of attorney) is at all times revocable.
2. Contractual stipulations under which the employee has committed himself towards the employer to spend any amount of the received wages or of his other earnings [like tips] in a certain way, and contractual stipulations under which the employee has committed himself to get his necessities at a certain place or from a certain person, are null and void.
3. Paragraph 1 and 2 do not apply to contractual provisions or stipulations under which the employee has committed himself: a. to take part in a pension fund as meant in Article 1 of the Pensions Act and to live up to the provisions of that Act; b. to contribute in a premium payment for an insurance in accordance with the regulations as set for this purpose in the Pensions Act; c. to take part in another fund than the one meant under point (a), provided that this other fund meets the requirements set by Order in Council; d. to take part on his behalf in a savings scheme other than the ones meant under point (a), (b) and (c), provided that this scheme meets the requirements set by Order in Council. By another fund in the meaning of point (c) is not understood a fund with the objective to distribute to the employer or employee a benefit related to the right of the employee to preserve his right to wages during sickness, pregnancy or the delivery of a child as meant in Article 7:629, paragraph 1, not a benefit as meant in Article 83 of the Act on Work and Income in proportion to Labour Capacity, nor as meant in Article 75a of the Invalidity Insurance Act.
4. In order to comply with the contractual provisions and stipulations referred to in paragraph 3, the employer may withhold the necessary amounts from the wages payable to the employee; he then is obliged to use these amounts on behalf of the employee in accordance with the contractual provisions and stipulations.
5. Article 7:612 applies accordingly to the participation of a minor in a regulation as meant in paragraph 3.
6. If the employee, due to a null and void contractual provision or stipulation as meant in paragraph 2, has entered into an agreement with the employer or a third person, then he is entitled to claim back from his employer all that he has paid or performed for this reason. Moreover, if he has entered into an agreement with his employer, he is entitled to nullify this voidable agreement entirely.
7. Where the court awards a legal claim of the employee pursuant to paragraph 6, it may reduce the employer’s payment obligation to such an amount as it considers fair in view of the circumstances, but not to an amount less than the damage suffered by the employee as established by the court itself.
8. The employee’s right of action based on the present Article becomes prescribed on the expiry of six months after the day on which the employee’s debt-claim has come to existence.”

Nadere Regeling Kinderarbeid (Specific Child Regulation) 1995

“””Contains provisions laying down requirements with respect to work carried out by children of a certain age.

Chapter I: General provisions
Chapter II: Alternative sanctions
Chapter III: Work next and in relation to education
Chapter IV: Non-industrial (assistance) light work nature not carried out in school weeks
Chapter V: Non-industrial (assistance) light work not carried out during holidays
Chapter VI: Non-industrial light work carried out during school weeks
Chapter VII: Non-industrial light work carried out during holidays
Chapter VIII: Non-industrial light work carried out by children exempted from compulsory education
Chapter IX: Delivery of morning papers
Chapter X: Work during the school week
Chapter XI: Work during holidays
Chapter XII: Interdiction to work
Chapter XIII: Final provisions”””

Worst Forms of Child Labour

Decree of 6 June 1996 amending the Mining Regulation of 1964 (protection of young workers)

Human Trafficking

Penal Code, 1881 amend 2005

“Part XVIII. Serious Offences against Personal Liberty
Section 273f
1. Any person who:

1°. by coercion, act of violence or any other act or threat of violence or threat of any other act, by extortion, fraud, deception or abuse of a position of authority arising from de facto circumstances, by abuse of a position of vulnerability or by giving or receiving remuneration or benefits in order to obtain the consent of a person who has control over this other person recruits, transports, transfers, harbours or receives another person with the intention of exploiting this other person or removing his organs;
2°. recruits, transports, transfers, harbours or receives another person with the intention of exploiting this other person or removing his organs whereas this person is under the age of eighteen years;
3° recruits, removes or abducts another person with the intention of inducing this person to make himself available for the performance of sexual acts with or for a third party for remuneration;
4° compels or persuades another person with one of the means referred to in 1° to make himself available for the performance of work or services or to make his organs available or under the circumstances referred to in 1°, takes any action which he knows or has reasonable cause to suspect will lead that other person to make himself available for the performance of labour or services or make his organs available;
5° induces another person to make himself available for the performance of sexual acts with or for a third party for remuneration or make his organs available for remuneration or takes any action in regard of another person which he knows or has reasonable cause to suspect will lead that other person to make himself available for the performance of these acts or services or make his organs available, whereas this person is under the age of eighteen years;
6° intentionally profits from the exploitation of another person;
7°intentionally profits from the removal of the organs of another person while he knows or has reasonable cause to suspect that his organs have been removed under one of the circumstances referred to in 1°;
8° intentionally profits from the sexual acts of another person with or for a third party for remuneration or the removal of his organs for remuneration, whereas this other person is under the age of eighteen years;
9° compels or induces another person by any of the means referred to in 1° to provide him with the proceeds of his sexual acts with or for a third party or of the removal of his organs;
shall be guilty of human trafficking and as such shall be liable to a term of imprisonment not exceeding eight years or a fine of the fifth category.”

“2. Exploitation shall at least include exploitation of another person in prostitution, other forms of sexual exploitation, forced or compulsory labour or services, slavery or practices similar to slavery or servitude.”

Slavery, Servitude

Burgerlijk Wetboek (Civil Code) 1992

“Article 1:1 Personal freedom and legal capacity
1. All persons within the territory of the Netherlands shall be free and entitled to enjoy civil rights
2. No servitude of persons, of whatever nature or however described, is tolerated.”

Governments can take action to assist victims and to prevent and end the perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Programs and Agencies for Victim Support

Policies for Assistance
Policies for Assistance, Child Labour WFCL

Wet op de Jeugdzorg (Youth Care Act) 2004

Contains provisions regulation general youth care, including care for underage victims.

Burgerlijk Wetboek (Civil Code) 1992

“Section 1.13.3 The Child Protection Board
Article 1:238 Duties and powers of the Child Protection Board – 1. There is one Child Protection Board. – 2. The duties and powers of the Child Protection Board are set by law. These duties and powers are implemented by the Child Board Protection on behalf of our Minister of Justice. – 3. In behalf of the performance of its duties the Board has to keep itself informed of the developments on the field of the protection of children, it has to promote the cooperation with institutions for the protection of children and juveniles and it shall advise, upon request or of its own motion, authorities and institutions. – 4. The efforts of the Board have no influence on the religious or ideological principal of the institutions for the protection of children. – 5. The seat, the working method where it concerns the cooperation with the Foundation meant in Article 1 under point (f) of the Youth Care Act, and the organisation of the Board are regulated by Order in Council.”

Article 1:239 Power to act on behalf of minors and complaints procedure – 1. The Child Protection Board may act on behalf of minors who have either their domicile or last domicile or their actual residence in the Netherlands. The Board may also act on behalf of Dutch minors who do not have their domicile or last domicile nor their actual residence in the Netherlands. – 2. In behalf of minors who either have their domicile or last domicile or their actual residence within a certain court district, the working units within that district shall act for the Child Protection Board. – 3. If on the basis of the preceding paragraph more working units in different districts would be responsible to act on behalf of the same minor, then the action of one of these working units shall end the authority of all others. – 4. In behalf of Dutch minors who do not have their domicile or last domicile nor their actual residence in the Netherlands, the working units of the Board within the court district of Amsterdam shall act for the Child Protection Board. – 5. The procedure for complaints about a case with regard to the protection of children that is or has been dealt with by the Child Protection Board, will be regulated by Order in Council.

Article 1:239 Power to act on behalf of minors and complaints procedure – 1. The Child Protection Board may act on behalf of minors who have either their domicile or last domicile or their actual residence in the Netherlands. The Board may also act on behalf of Dutch minors who do not have their domicile or last domicile nor their actual residence in the Netherlands. – 2. In behalf of minors who either have their domicile or last domicile or their actual residence within a certain court district, the working units within that district shall act for the Child Protection Board. – 3. If on the basis of the preceding paragraph more working units in different districts would be responsible to act on behalf of the same minor, then the action of one of these working units shall end the authority of all others. – 4. In behalf of Dutch minors who do not have their domicile or last domicile nor their actual residence in the Netherlands, the working units of the Board within the court district of Amsterdam shall act for the Child Protection Board. – 5. The procedure for complaints about a case with regard to the protection of children that is or has been dealt with by the Child Protection Board, will be regulated by Order in Council.

Article 1:243 Services to the Child Protection Board are to be provided free of charge

Policies for Assistance, Human Trafficking

Social Support Act (WMO) 2015

” GRETA: “”Other laws relevant to action against trafficking include:
– the Social Support Act which provides for shelter and care for adult victims of THB with legal residence;”””

Aliens Act, 2000

“Section 15
1. An application for the issue of a residence permit for a fixed period as referred to in section 13 may not be rejected on account of the absence of a valid authorisation for temporary stay if it concerns:

(a) an alien who has the nationality of one of the countries designated by Our Minister for Foreign Affairs;
(b) a Community citizen, in so far as he is not already exempted on the ground of a designation as referred to under (a);
(c) an alien to whom the provision of care in the Netherlands is medically necessary;
(d) an alien who is the victim of the crime of trafficking in women or is a witness/informant in respect thereof;
(e) an alien who was in possession, immediately before the application, of a residence permit for a fixed period as referred to in section 26 or a residence permit for an indefinite period as referred to in section 31;
(f) an alien who has submitted an application for alteration of a residence permit in good time;
(g) an alien who belongs to a category designated by Order in Council.”

Aliens Circular, 2000

B8-3

Policies for Assistance, General

Penal Code, 1881 amend 2005

“Section 40
Any person who commits an offence under the compulsion of an irresistible force shall not be criminally liable.”

“Section 9a
The court may determine in the judgment that no punishment or measure shall be imposed, where it deems this advisable, by reason of the lack of gravity of the offence, the character of the offender, or the circumstances attendant upon the commission of the offence or thereafter.”

Criminal Procedure Code, 1921 (as of 2012)

“Part IIIA. The Victim
Chapter One. Rights of the Victim
Section 51a
1. A person who has incurred financial loss or another loss as a direct result of a criminal offence shall be deemed a victim. The legal person, which has suffered financial loss or another loss as a direct result of a criminal offence shall be considered as equivalent to the victim.
2. The public prosecutor shall be responsible for ensuring that the victim is treated appropriately.
3. At the victim’s request, the police and the public prosecutor shall keep the victim informed on the commencement and progress of the case against the suspect. In particular, the police shall at least provide written notification of discontinuance of the investigation or the forwarding of an official report against the suspect. The public prosecutor shall give written notification of the commencement and continuation of the prosecution, of the date and time of the court session and of the final judgment in the criminal case against the suspect. In cases designated for that purpose and in any case, if it concerns a serious offence as referred to in section 51e(1), he shall also, where requested, notify the release of the suspect or the convicted offender.
4. At the victim’s request, information on how he can obtain compensation shall also be provided to him”

“Section 51b
1. At the victim’s request, the public prosecutor shall grant him permission to inspect the case documents of relevance to him. During the court hearing this leave shall be granted by the court of first instance, before which the case is being prosecuted, and for the rest by the public prosecutor.
2. The victim may request the public prosecutor to add to the case file documents that he considers relevant for the assessment of the case against the suspect or his claim against the suspect.
3. The public prosecutor may refuse to add documents or permit inspection thereof if he is of the opinion that the documents cannot be regarded as case documents or if he considers the addition of said documents or their inspection to be incompatible with the interests referred to in section 187d(1).
4. The public prosecutor shall require written authorisation for the application of subsection (3), to be granted by the examining magistrate on his application. The public prosecutor shall notify his decision in writing to the victim.
5. The manner in which case documents are to be inspected shall be arranged by Governmental Decree.
6. The victim may obtain copies of the documents he has been permitted to inspect at the court registry in accordance with the provisions by or pursuant to section 17 of the Act on Remunerations in Criminal Cases [Wet Tarieven in Strafzaken]. Section 32(2) to (4) inclusive shall apply mutatis mutandis.”

“Section 51c
1. The victim may have legal representation.
2. The victim may be represented at the court session by a lawyer, provided this lawyer declares that he has been given express authorisation, or by an authorised representative who has been given a special written power of attorney for that purpose .
3. If the victim is not fluent or sufficiently fluent in the Dutch language, he may have the assistance of an interpreter.”

“Section 51d
Sections 51a to 51c inclusive shall apply mutatis mutandis to the surviving relatives within the meaning of section 51e(3) and (4), and to the persons referred to in section 51f(2).”

“Chapter Two. Compensation
Section 51f
1. The person who has incurred direct damage as a result of a criminal offence may join the criminal proceedings in his capacity as injured party and claim compensation.
2. If the person referred to in subsection (1) has died as a result of the criminal offence, his heirs may also join the criminal proceedings in regard of their claim acquired under universal title and the persons, referred to in section 6:108(1) and (2) of the Civil Code [Burgerlijk Wetboek] in regard of the claims referred to in that section.
3. The persons referred to in subsections (1) and (2) may also join the criminal proceedings for a part of their claim.
4. Those persons who require legal representation or must be represented in order to appear in civil court proceedings, shall also require legal representation or representation in order to be able to join the criminal proceedings in accordance with subsection (1). An authorisation of the single judge division of the Sub-District Court Sector, as referred to in section 1:349(1) of the Civil Code, shall not be required for that representative. The provisions pertaining to legal representation or representation, necessary in civil cases, shall not apply to the defendant.
5. If the public prosecutor institutes or continues prosecution, he shall notify the injured party thereof in writing as soon as possible. If the case is to be tried at a court session, the public prosecutor shall notify the date and time of the court session to the injured party as soon as possible.”

Protection of Personal Data Act, 2000

Penalties
Penalties, Child Labour

Arbeidstijdenwet, ATW (Working Hours Act) 1995

“Economic Offences
Article 11:3
1. “”Article 8:9(1) of the Law on working time”” shall be inserted in Article 1(3) of the Law on economic offences.
2. In alphabetical order, “”Articles 3:2(1) and (4), 3:3(3) and (4), 3:5(1)……, where non-compliance with the provisions of that paragraph constitutes an offence, 11:2 and, where designated as an offence, noncompliance with….”

“Penalties
Article 11:4
The offences against this law listed in the Law on economic offences shall apply with respect to any person with or against whom the infringement of this law and the provisions based thereon is committed and with regard to each day on which the offence is committed.”

Penalties, Human Trafficking

Penal Code, 1881 amend 2005

“Section 5
1. The criminal law of the Netherlands shall apply to any Dutch national who commits outside the territory of the Netherlands:
5°. any of the serious offences defined in section 273f, insofar as the offence is committed against a person who has reached the age of eighteen years, and in sections 231, 321, 350 and 416 to 417 bis inclusive, insofar as the offence falls within the definitions of article 20 of the Convention on Action against Trafficking in Human Beings concluded in Warsaw on 16 May 2005, if the offence is committed outside the jurisdiction of any state.
2. In the cases defined in subsection (1)(2°) and (3°), the suspect who only acquires Dutch nationality subsequent to commission of the offence may also be prosecuted.”

“Section 5a
2. The criminal law of the Netherlands shall apply to the foreign national who has his permanent place of residence or abode in the Netherlands and commits any of the serious offences defined in section 273f outside the territory of the Netherlands, insofar as the offence is committed against a person who has reached the age of eighteen years, and in sections 231, 321, 350 and 416 to 417 bis inclusive, and the offence is punishable under the law of the country where it was committed.
3. The criminal law of the Netherlands shall apply to the foreign national who has his permanent place of residence or abode in the Netherlands and commits any of the serious offences defined in section 273f outside the territory of the Netherlands, insofar as the offence is committed against a person who has reached the age of eighteen years, and in sections 231, 321, 350 and 416 to 417 bis inclusive, insofar as the offence falls within the definitions of article 20 of the Convention on Action against Trafficking in Human Beings concluded in Warsaw on 16 May 2005, if the offence is committed outside the jurisdiction of any state.
4. Any suspect who only acquires his permanent place of residence or abode in the Netherlands subsequent to commission of the offence may also be prosecuted.
Section 5b
The criminal law of the Netherlands shall apply to any person who commits:

1°. any of the serious offences defined in section 273f, and in sections 231, 321, 350 and 416 to 417 bis inclusive, insofar as the offence falls within the definitions of article 20 of the Convention on Action against Trafficking in Human Beings concluded in Warsaw on 16 May 2005, if the offence is committed against a Dutch national.
2°. any of the serious offences defined in sections 240b, 242 to 250 inclusive and 273f, if the offence is committed against a Dutch national or a foreign national who has his permanent place of residence or abode in the Netherlands and has not yet reached the age of eighteen years.”

Penal Code, 1881 amend 2005

“Part XVIII. Serious Offences against Personal Liberty
Section 273f
1. Any person who:

1°. by coercion, act of violence or any other act or threat of violence or threat of any other act, by extortion, fraud, deception or abuse of a position of authority arising from de facto circumstances, by abuse of a position of vulnerability or by giving or receiving remuneration or benefits in order to obtain the consent of a person who has control over this other person recruits, transports, transfers, harbours or receives another person with the intention of exploiting this other person or removing his organs;
2°. recruits, transports, transfers, harbours or receives another person with the intention of exploiting this other person or removing his organs whereas this person is under the age of eighteen years;
3° recruits, removes or abducts another person with the intention of inducing this person to make himself available for the performance of sexual acts with or for a third party for remuneration;
4° compels or persuades another person with one of the means referred to in 1° to make himself available for the performance of work or services or to make his organs available or under the circumstances referred to in 1°, takes any action which he knows or has reasonable cause to suspect will lead that other person to make himself available for the performance of labour or services or make his organs available;
5° induces another person to make himself available for the performance of sexual acts with or for a third party for remuneration or make his organs available for remuneration or takes any action in regard of another person which he knows or has reasonable cause to suspect will lead that other person to make himself available for the performance of these acts or services or make his organs available, whereas this person is under the age of eighteen years;
6° intentionally profits from the exploitation of another person;
7°intentionally profits from the removal of the organs of another person while he knows or has reasonable cause to suspect that his organs have been removed under one of the circumstances referred to in 1°;
8° intentionally profits from the sexual acts of another person with or for a third party for remuneration or the removal of his organs for remuneration, whereas this other person is under the age of eighteen years;
9° compels or induces another person by any of the means referred to in 1° to provide him with the proceeds of his sexual acts with or for a third party or of the removal of his organs;
shall be guilty of human trafficking and as such shall be liable to a term of imprisonment not exceeding eight years or a fine of the fifth category.”

 

“Section 273f 2. Exploitation shall at least include exploitation of another person in prostitution, other forms of sexual exploitation, forced or compulsory labour or services, slavery or practices similar to slavery or servitude.
3. The offender shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category, if:

1°. the offences, defined in subsection (1), are committed by two or more persons in concert;
2°. the offences defined in subsection (1) have been committed against a person who is under the age of sixteen years.
4. If any of the offences defined in subsection (1) results in grievous bodily harm or is likely to endanger the life of another person, a term of imprisonment not exceeding fifteen years or a fine of the fifth category shall be imposed.
5. If any of the offences defined in subsection (1) results in death, a term of imprisonment not exceeding eighteen years or a fine of the fifth category shall be imposed.
6. Section 251 shall apply mutatis mutandis.”

Penalties, Slavery

Penal Code, 1881 amend 2005

“Section 274
Any person who engages in slave trading, for his own or another’s account, or who intentionally participates in it, either indirectly or directly, shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.

Section 275
1. Any person who takes service or serves as a master on a vessel, knowing that it is intended for slave trading, or employing it for that purpose, shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.
2. If the transportation results in the death of one or more slaves, the master shall be liable to a term of imprisonment not exceeding fifteen years or a fine of the fifth category.

Section 276
Any person who takes service on a vessel as a crew member, knowing that it is intended for slave trading or that it is employed for that purpose, or voluntarily continues his service on such vessel after having learned of such purpose or employment, shall be liable to a term of imprisonment not exceeding nine years or a fine of the fifth category.

Section 277
Any person who, for his own or another’s account, either indirectly or directly, cooperates in the leasing, hiring out or insuring of a vessel, knowing that it is intended for slave trading, shall be liable to a term of imprisonment not exceeding eight years or a fine of the fifth category.”

Penalties, General

Penal Code, 1881 amend 2005

“Section 47
1. The following persons shall be criminally liable as offenders of a criminal offence:

1°. any persons who commit the offence, either personally or jointly, or who cause an innocent person to commit the offence;
2°. any persons who, by means of gifts, promises, abuse of authority, use of force, threat or deception or by providing opportunity, means or information, intentionally solicit the commission of the offence.

2. With regard to the last category, only those acts they intentionally solicited, and their consequences, shall be taken into account.

Section 48
1. The following persons shall be criminally liable as accomplices to a criminal offence:

1°. any persons who intentionally aid and abet the commission of the serious offence;
2°. any persons who intentionally provide opportunity, means or information for the commission of the serious offence.

Section 51
1. Criminal offences can be committed by natural persons and legal persons.
2. If a criminal offence is committed by a legal person, criminal proceedings may be instituted and such punishments and measures as prescribed by law, where applicable, may be imposed:

1°. on the legal person; or
2°. on those persons who have ordered the commission of the criminal offence, and on those persons who actually directed the unlawful acts; or
3° on the persons referred to in 1° and 2° jointly.

3. In the application of the preceding subsections, the following shall be considered as equivalent to the legal person: the unincorporated company, the partnership, the shipping company and the special purpose fund.”

“Section 278
Any person who takes another person across the borders of the Kingdom in Europe, with the intention of unlawfully placing him under the control of another person or placing him in a powerless situation, shall be guilty of kidnapping and shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.”

“Section 282
1. Any person who intentionally deprives or continues to deprive another person unlawfully of his liberty shall be liable to a term of imprisonment not exceeding eight years or a fine of the fifth category.
2. If the offence results in grievous bodily harm, the offender shall be liable to a term of imprisonment not exceeding nine years or a fine of the fifth category.
3. If the offence results in death, he shall be liable to a term of imprisonment not exceeding twelve years or a fine of the fifth category.
4. The punishments prescribed in this section shall also apply to a person who intentionally provides a place for the purpose of such unlawful deprivation of liberty.”

“Section 283
1. Any person who, through negligence, causes the unlawful deprivation of liberty of another person or causes its continuance shall be liable to a term of imprisonment not exceeding six months or a fine of the second category.
2. If the offence results in grievous bodily harm, the offender shall be liable to a term of imprisonment not exceeding one year or a fine of the third category.
3. If the offence results in death, he shall be liable to a term of imprisonment not exceeding two years or a fine of the fourth category.”

“Section 284
1. Any person who

1°. unlawfully compels another person to act or to refrain from certain acts or to tolerate certain acts by an act of violence or any other act or by threat of violence or threat of any other act, either directed against that other or against others;
2°. compels another person to act or to refrain from certain acts or to tolerate certain acts by the threat of slander or libel;
shall be liable to a term of imprisonment not exceeding nine months or a fine of the third category.

2. In the case defined in 2°, prosecution of the serious offence shall take place only on complaint of the person against whom it was committed.”

Data Commitments

A Call to Action to End Forced Labour, Modern Slavery and Human Trafficking, Signed 2017

1.ii. Take steps to measure, monitor and share data on prevalence and response to all such forms of exploitation, as appropriate to national circumstances;

Programs and Agencies for Enforcement

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Social Protection Coverage: General (at Least One)
Social Protection (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Unemployed
Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Poor
Social Protection Coverage: Children
Social Protection Coverage: Disabled

Delta 8.7 has received no Official Response to this dashboard from Netherlands. If you are a representative of Netherlands and wish to submit an Official Response, please contact us here.