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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
of movement as regards its scope and duration. 554 The Court of Den Bosch considered, amongst
other things, that the imminent threat of disturbance of public order can be used to justify the
limitation of (fundamental) rights, including the right to freedom of movement. “There must exist a
reasonable balance between the general importance of counteracting an imminent disturbance of
public order as a result of the plaintiff’s unsupervised return to society and the unsupervised stay of
the plaintiff in Eindhoven prior to the obligatory probation and after-care supervision commenced
in the probationary period on the one hand, and the importance of respecting the plaintiff’s (fundamental)
rights on the other hand (including the right to freedom of movement). As a general
starting point, it must be assumed that an exclusion order is not permitted to last any longer than
is strictly necessary, and that the area to which the ban relates must be limited as much as possible.
Because the imminent disturbance of public order does not stem from the plaintiff but from a third
party, the interest in respecting his rights must be assigned a greater weight than would have been
the case in the event that the threat had originated from him.” 555 Van der V. is now alleging that
he has suffered damage as a result of the exclusion order and has taken civil action against the
municipality of Eindhoven. 556
The possibilities of supervision and after-care that have been described above concern the judicial and
administrative framework. Below, the substantive conditions with which effective tertiary prevention
must comply will be described.
3.6.3 Integrated approach, after-care for and supervision of offenders 557
No specific framework has yet been formulated in the Netherlands for the integrated after-care and supervision
of sex offenders. However, the literature points to the importance of an integrated approach to
tackling offenders of sexual violence against children 558 and in doing so, distinguishes between starting
points (§3.6.3.1) and phases (§3.6.3.2). Various examples of these starting points being employed can
also be found in the regions. On the basis of different phases that are relevant within an integrated approach,
the extent to which diverse actors are involved or could be involved in the implementation of
554 Court of Den Bosch, 5 August 2010, <strong>National</strong> Case Law Number: BN3313.
555 The administrative court considered “In the future, the differing interests must be considered in light of
the respondent on the basis of the authority assigned in Article 172, third paragraph of the Municipalities
Act. This authority includes a limited order to be able to act quickly in urgent situations and was
not called into being in order to drastically restrict (fundamental) rights. The democratic legitimisation
for this is lacking. Furthermore, a drastic restriction of (fundamental) rights is not apparent and
foreseeable on the basis of Article 172, third paragraph of the Municipalities Act.
556 See www.nu.nl/binnenland/2541220/verbannen-pedoseksueel-eist-schadevergoeding.html (viewed 28
June 2011).
557 The emphasis in this sub-section lies, where possible, on those who have committed a child pornography
offence (in this case, individuals who produce, distribute and possess child pornography).
However, literature regarding the after-care and supervision of this specific group is not present to a
large extent. More is known about interventions for convicted sex offenders with regard to children.
The Dutch literature regarding interventions and implementing organisations that has been employed
mainly applies to a wider group of offenders than solely those who have committed child pornography
offences. For reasons of clarity, this group will be referred to using the general term ‘offender.’
558 Smallbone et al. 2008, pp.209-212.