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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
Dutch Domestic Violence and <strong>Child</strong> Abuse Reporting Code (Compulsory Use) Act
A legislative proposal 157 is currently under consideration in which professionals working in the sectors
concerned with healthcare, care for the elderly, care for the disabled, youth care, social support,
education, and childcare, as well as in the judicial sector, are required to work in accordance with a
reporting code whenever they encounter indicators of domestic violence or child abuse (including
sexual violence) in the course of their work. 158 The reporting code consists of a step-by-step plan
that outlines the best course of action for a professional in the event that he/she suspects domestic
violence or child abuse. In the basic model of the domestic violence and child abuse reporting
code, the second step involves consultation with colleagues and consulting the AMK if minors are
concerned. Ultimately, if the professional him/herself is unable to provide sufficient protection,
he/she should report the minor to the AMK. 159 This compulsory reporting code therefore does
not make it mandatory for professionals to report issues. Professionals are not required to report
indicators to an AMK but they are required to follow a step-by-step plan, as part of which they are
able to assess themselves whether it is necessary to report the issue to the AMK. Professionals
who are normally bound by professional confidentiality (such as paediatricians/doctors etc.) are
entitled to report their observations however, 160 which enables doctors to supply information to
the Youth Care Agency (particularly the AMK) without the consent of the individual concerned “if
this can be considered necessary in order to put an end to a child abuse situation or to investigate a reasonable
suspicion of child abuse”. 161
If a professional suspects that child abuse, including sexual violence, has taken place, he/she must also
consider whether to file a report in the reference index of young people at risk (VIR), as well as acting in
accordance with a reporting code or protocol. By registering a child in the VIR, different indicators can
be gathered in one place and follow-up actions can be coordinated. Registration in the VIR therefore
forms part of the Basic model of the domestic violence and child abuse reporting code, and the Gunning
Committee has also recommended that it should be used more often. 162
157 See www.rijksoverheid.nl/onderwerpen/huiselijk-geweld/hulp-bieden/toolkit-meldcode (viewed 8
September 2011): “This concerns the proposed policy. It is expected that the Domestic Violence and <strong>Child</strong> Abuse Reporting
Code Act will enter into force at the beginning of 2012. Its entry into force is subject to approval by the Lower and Upper
Houses of Dutch Parliament and publication in the Dutch Bulletin of Acts and Decrees.”
158 It should be noted that the Dutch Data Protection Authority (CBP) has expressed criticism concerning
the draft legislative proposal. The CBP generally subscribes to the decisions made in the legislative bill
with regard to how tools are used, but it objects on the requisite legal grounds to provisions in the
legislative bill that concern the processing of personal data and the rights of individuals concerned.
For details of the objections of the CBP, see www.cbpweb.nl/Pages/adv_z2011-00174.aspx (viewed 8
September 2011).
159 Ministry of Public Health, Welfare and Sport, 2009. Incidentally, domestic violence and/or child abuse
perpetrated by professionals lie beyond the scope of the basic model. The Gunning Committee (quoted
in §3.2.3 and §3.2.4 amongst others) is investigating this issue in detail, however.
160 See Article 53, paragraph 3 of the Dutch Youth Care Act [Wet op de Jeugdzorg].
161 KNMG, 2008.
162 Gunning et al., 2011, p.150.