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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
to how staff and children interact with one another, and because a camera cannot cover every corner,
whilst on the other hand cameras could pose an additional risk if the images fall into the wrong hands. 77
Four eyes principle
One of the recommendations made by Gunning et al., concerns the tightening of the ratio of professionals
to children. The Committee observed that the presence of a single adult per group posed a significant
risk to the safety of children. 78 However, in the current system it is possible, for a few hours each day,
to deviate from the rule that two professionals work with a group. The specific recommendation is that
there must be two adults at all times who have the children in a group within view or within earshot. 79
Means of reinforcing the four eyes principle further include the removal of structural obstacles, for
instance by fitting glass walls in group rooms. It should be noted in this regard that it is important to
achieve an effective balance between the advantages of this type of preventative measures, and the risk
of arousing unfounded suspicion in relation to physical and emotional contact between adults and
children. 80 The Gunning Committee also recommended that a baby monitor is placed permanently in
sleeping areas, even if a staff member remains with the children. 81
Registration system
At the end of June 2011, the Dutch Data Protection Authority agreed to a registration system for members
of volunteer organisations who had been subject to sanctions for sexually inappropriate behaviour. 82
The registration system enables organisations to prevent individuals from moving from one organisation
to another if they are caught having committed sexual abuse. The registration forms an addition to
the certificate of good conduct 83 in view of the fact that the system reports all individuals against whom
measures have been taken, even if they have not committed any criminal offences. 84 The Gunning Committee
also examined the possibilities for a risk register, but one specifically focused on day nurseries.
Details such as dismissal from a day nursery and complaints or reports that could be connected with
sexual abuse could be included in such a register, 85 which therefore largely corresponds with the registration
system for volunteer organisations. There are some disadvantages associated with a registration
system or register, however. For example, the register may contain false positives, whilst at the same
time it offers no definite guarantee that every individual who poses a risk is listed in the register. Despite
these disadvantages, the Committee deemed the preventative effects of such a register to be significant
enough, after all, to merit their recommendation for further investigation. 86
77 Gunning et al., 2011, p.148.
78 Gunning et al., 2011, p.137. See also Smallbone et al., 2008, p.169; Gallagher, 2000.
79 Gunning et al., 2011, p.143. This is also known as the ‘four eyes’ principle, see pp.136-137.
80 See also Smallbone et al., 2008, p.169.
81 Gunning et al., 2008, p.169.
82 For further information regarding the registration system, see the NOV website www.nov.nl (viewed
1 July 2011).
83 See 3.2.2 regarding the certificate of good conduct.
84 Participating organisations must have disciplinary regulations in place. For further information regarding
the disciplinary regulations for sport clubs and volunteer organisations, see the NOV website www.
nov.nl/125503/def/ (viewed 1 July 2011).
85 See also Smallbone et al., 2008, p.206 regarding the advantages of a register of this type.
86 Gunning et al., 2011, p.146.