"Working Together" to implement the Right of Child Abuse Victims to Protection and Health: Lessons from the Netherlands

Marielle Bruning

University of Leiden

Prof. Mariëlle Bruning is professor of Children and the Law (2004 to date) at the Faculty of Leiden University, the Netherlands. She obtained her master's degrees in Law (1995) and Liberal Arts (1996) at the University of Maastricht and her doctorate in law (2001) at the Vrije Universiteit of Amsterdam. She was vice-director of the Amsterdam Centre of Child Studies at the Vrije Universiteit (2001-2004). She has worked as a legal consultant for a Youth Care Agency (Bureau Jeugdzorg; 2004-2006) and as a program manager for children's rights organization Defence for Children. As a law professor she works in projects with Defence for Children International-ECPAT and other organizations. As a consultant for the Dutch Children's Ombudsman she annually collaborates in developing a Dutch Children's Rights Monitor.She is a (part-time) juvenile court judge in the district court of Amsterdam. She regularly publishes on various topics relating to children's rights and family and juvenile law. She teaches law students and professionals (e.g. juvenile judges, youth prosecutors and children's lawyers) focusing on child protection, youth care, child abuse, youth delinquency and children's rights. She is member of the committee De-Winter, which reviews violence against children in State care between 1945-2015.

Daniella Zlotnik

University of Leiden

Daniella Zlotnik is a researcher and junior lecturer at the child law department of Leiden University Law School, the Netherlands. Her research interests include the position of children in families and child participation in private and public decision-making processes. Daniella Zlotnik holds a bachelor degree in Law and Comparative Literature from the Hebrew University of Jerusalem (LL.B., cum laude) (2012), and has completed her studies in the advanced master program of International Children’s Rights at Leiden University (LL.M., cum laude) (2016). Before achieving her LL.M, Daniella completed her legal internship at the civil appeal department of the Israeli State Attorney’s Office and later worked as a lawyer in a private firm, specializing in civil law, constitutional and administrative law, and education law. Daniella Zlotnik also has extensive background in social activism. For many years, she has been involved in civil society organizations that promote the use of law, advocacy and education as tools for social change, at both the national and international arenas.

Abstract

Violence and CAN have been flagged as global concerns, including in the family environment. International and European legal standards have long recognized children’s right to protection from violence and its severe consequences to their health. The presentation will review relevant International instruments and European case-law and discuss what obligations they hold for child protection systems. Specifically, we will examine reporting requirements of CAN, information-sharing, and multi-agency cooperation.

In light of these legal standards, we will offer a domestic focus on the Dutch child protection system as a case-study and explore the implementation of children’s rights to protection from CAN at home. The presentation will assess the Dutch child protection system. Drawing on recent legal developments, academic literature, calamity reports and national inquiries, we will explore the caveats in the Dutch system and identify innovative lessons on the child protection system and multi-agency cooperation at local and national level.

We will focus on three challenges. First, we will reflect on the debate between a ‘right’ and ‘duty’ to report suspicions of CAN by (medical) professionals. We will find that concerns over medical confidentiality and insufficient standards result in non-reporting and difficulties to effectively respond to CAN. Secondly, we will explore the challenges of multi-agency cooperation and information-sharing between professionals and the child protection system and within the child protection agencies themselves. We will highlight operational challenges in the Dutch system, and offer critical reflections on privacy concerns and recent adoption of ICT measures (i.e., Index for High-Risk Youth). Thirdly, we will argue that there are insufficient mechanisms to hear children at risk of CAN, and that professionals tend to focus on parents’ problems and wishes. We will conclude by recommending a paradigm shift in the child protection system, to reflect a child-centered and rights-based approach and to encourage effective ‘’working together’’

Authors

Marielle Bruning (University of Leiden)
Daniella Zlotnik (University of Leiden)

Topic Area

Child Protection Systems and Strategies at local, national and international levels

Session

Oral 12 » Session 3-Child Protection Systems (16:15 - Monday, 2nd October, Oceania Room)

Presentation Files

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