CCPR/C/125/D/2498/2014
consideration, forms an integral part of every child’s right to measures of protection, as
required by article 24 (1).19 The States parties to the Covenant have a positive obligation to
protect children from physical and psychological harm, which may include guaranteeing
minimum subsistence, in order to comply with the requirements of article 24 (1).
7.4
As a preliminary matter, the Committee notes the State party’s position that, because
the child budget is paid to the parent and may be spent as the parent wishes, including on
items unrelated to childcare, Y’s rights under article 24 (1) are not implicated by the denial
of the child budget. The Committee observes, however, that, according to the State party’s
submission, the amount of the child budget is inversely related to the parents’ ability to pay
the costs of raising and caring for children and is also dependent on the number and age of
children per household. The Committee also notes the information provided by the State
party in its fourth periodic report to the Committee on the Rights of the Child, stating that
the child budget (kindgebonden budget) is a contribution towards the maintenance costs of
a child aged under 18 (CRC/C/NLD/4, para. 175). The Committee considers that, while the
parent is the direct recipient of the child budget, both the parent and the child benefit from
it. Noting the State party’s position that the Committee’s general comment No. 17 limits
article 24 protections to those relating to the physical or psychological well-being of
children, the Committee observes that the absence of social protection for children may in
certain circumstances adversely affect their physical and psychological well-being.
7.5
The Committee notes the State party’s position that, under Dutch law, non-resident
aliens are not entitled to the child budget. The Committee also notes, however, that,
according to the decisions issued by the domestic authorities, the child budget may in
special circumstances be granted to individuals without a residence permit. Nevertheless, in
the author’s case, the domestic authorities considered that she had not demonstrated such
special circumstances, noting in particular that she had not substantiated her allegations that
she was stateless and was unable to leave the Netherlands, and had not argued or shown
that the failure to grant the child budget would lead to a humanitarian emergency situation.
The domestic authorities based their decision on the notion that the child budget was not
intended to guarantee a subsistence level of income to the beneficiaries and on the principle
that the beneficiary of the budget is the parent, not the child.
7.6
In evaluating this reasoning through the lens of article 24 (1) of the Covenant, the
Committee observes that the State party has not indicated the kinds of special
circumstances under which the child budget may be granted to individuals without a
residence permit. It is not clear whether any criteria or guidelines exist, in the Child Budget
Act or elsewhere, according to which such special circumstances are determined in such a
manner as to ensure that the child’s best interests form a primary consideration. While the
State party’s authorities maintained that the author had not substantiated her allegations of
statelessness and inability to leave the Netherlands, the Committee notes that the author
claims to have informed the State party’s authorities of her statelessness in 2009. In this
regard, the Committee notes the certificates dated 14 April 2009, 25 May 2011, 14 March
2012 and 12 July 2013 from the Embassy of Uzbekistan in Belgium, stating that the author
had not lived in Uzbekistan since 2000, had lost her Uzbek nationality and could not be
granted a passport or a return visa. The Committee notes that the State party does not
contest having received these certificates and observes that the most recent of them was
acknowledged in a letter dated 24 July 2013 by the State party’s Repatriation and Departure
Service, which issued a memorandum on 13 June 2014 acknowledging that the author and
her daughter were unable to leave the Netherlands through no fault of their own. The
Committee notes that the author applied for the child budget in 2011 and that a final
decision on that matter was reached in 2014. The State party has not indicated the steps the
author could have taken and failed to take in order to substantiate her statelessness and
inability to leave the Netherlands during the relevant period. In addition, the Committee
observes that the State party does not contest the author’s assertions that she and Y had no
choice in the decisions that led to their statelessness. In this regard, the Committee notes the
author’s statements that she fled Uzbekistan with her family at the age of 11 and became
stateless at the age of 17, and that Y was born stateless in the Netherlands. The Committee
19
10
Bakhtiyari and Bakhtiyari v. Australia (CCPR/C/79/D/1069/2002), para. 9.7.