Children have specific rights that are enshrined worldwide in the United Nations Convention on the Rights of the Child (UNCRC). These rights must be respected by parents, organisations, and governments, including in Leiden.
The United Nations Convention on the Rights of the Child
This convention, adopted by the UN in 1989 and ratified by the Netherlands in 1995, guarantees essential rights for children under the age of 18, regardless of their background.
Essential Children's Rights
| Right | Description |
|---|---|
| Equal treatment | Children may not be discriminated against on the basis of origin or other characteristics |
| Best interests of the child paramount | Decisions must always prioritise the child's well-being |
| Right to healthy development | Children have the right to a safe and healthy upbringing |
| Right to participation | Children may express their opinion in matters concerning them |
| Relationship with both parents | Right to contact with both parents, even after divorce |
| Protection against abuse | Children must be protected against violence and neglect |
| Access to education | Every child has the right to quality education |
| Right to leisure | Children must have space for play and relaxation |
Right to be Heard
In matters concerning them, children have the right to participation:
- From age 12: the judge may invite the child for a conversation
- Under 12: the judge determines whether the child will be heard
- Children may send a letter to the judge
- They have the right to their own opinion in proceedings
Children's Rights in Dutch Law
In the Netherlands, children's rights are also enshrined in national laws:
- Civil Code (regulates parental authority and contact arrangements)
- Youth Act (access to youth care)
- Compulsory Education Act (mandatory schooling)
- Child Protection Act
The Role of the Children's Ombudsman
The Children's Ombudsman in the Netherlands supervises compliance with children's rights. In Leiden, children and parents can turn to them with complaints about violations of these rights.
Can a child initiate a legal procedure themselves?
Children from age 12 can submit a request themselves in certain family law matters, such as contact arrangements or parental authority issues. For other matters, a legal representative is required.Can a child choose which parent to live with?
A child may indicate their preference, but the judge ultimately decides based on the best interests of the child. The child's opinion plays a role, but is not always decisive.What to do in case of violation of children's rights?
You can contact a confidential advisor, Kindertelefoon (0800-0432), or the Children's Ombudsman. In serious situations, you can involve Safe Home or the police.Frequently Asked Questions in Leiden
What if my child is not heard in a court case?
Children from age 12 have the right to a conversation with the judge. For younger children, the judge decides. You can submit a written request or engage a lawyer. The Children's Ombudsman also provides support.
Can my child decide which parent to live with after a divorce?
The child's opinion is taken into account, especially from age 12, but the judge decides based on the best interests of the child, considering safety and stability.
What to do about discrimination at school?
Discuss this with the school first. If that does not help, you can file a complaint with the Netherlands Institute for Human Rights or the Children's Ombudsman. In serious cases, reporting to the police is possible.
How can my child have input in youth care?
Children have the right to participation via a youth care worker, a letter to the judge, or a confidential advisor. From age 12, they can submit a request themselves to the youth court judge.
What if a contact arrangement is not complied with?
The other parent can ask the judge for enforcement, which may lead to penalty payments or adjustment of the arrangement. A mediator or lawyer can also help.
Local Support in Leiden:
- Court: District Court of The Hague, Leiden Location
- Juridisch Loket: Juridisch Loket Leiden, Stationsweg 46