A Re-Evaluation of the Role of Criminal law in Combating Parental Violence in the Netherlands

Abstract

This article analyses the scope of the responsibility of the State to ensure access to criminal justice for child victims of parental violence from a children’s and human rights perspective and how this would serve the best interests of the child before, during and after criminal proceedings. The purpose of this article is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in the combat of parental violence by means of the criminal justice system, articulate obligations imposed upon States and facilitate a holistic approach. The article also explores to what extent the Netherlands, presented as a case study, meets the obligation to provide child victims of parental violence with access to criminal justice and whether there is a need to re-evaluate the role of criminal law in combating parental violence in the Netherlands.