Non-voluntary and involuntary euthanasia in The Netherlands: Dutch perspectives

During the summer of 1999, twenty-eight interviews with some of the leading authorities on euthanasia policy were conducted in the Netherlands. They were asked about cases of non-voluntary (when patients are incompetent) and involuntary euthanasia (when patients are competent and made no request to die). This study reports the main findings, showing that most respondents are quite complacent with regard to breaches of the guideline that require the patient's consent as a prerequisite to performance of euthanasia.     

"Culture of death" in The Netherlands: Dutch perspectives

During the summer of 1999, extensive interviews with some of the leading authorities on euthanasia policy were conducted in the Netherlands. They were asked: Daniel Callahan argues that there is a 'culture of death' in the Netherlands. What do you think? The majority of interviewees disagreed with the statement. They said that the Netherlands is not fundamentally different than other countries. If at all, the Dutch culture is open and tolerant, welcomes debates and plurality of views, and physicians are decent people who wish to help their patients, not to kill them. A small minority acknowledged that there is some truth in Callahan's observations, arguing that the Dutch actually do not welcome critique and are quite conservative in their liberal attitude toward euthanasia.     

International Organisations in The Netherlands: Immunity from the Jurisdiction of the Dutch Courts

Netherlands International Law Review -     

The Chabot case: analysis and account of Dutch perspectives

The aims of this essay are twofold: to point out the main problems of the Chabot precedent and to report the findings of a fieldwork in the Netherlands during which some experts were asked to voice an opinion regarding the psychiatrist's conduct and the legal precedent. During the summer of 1999, twenty-eight interviews with some of the leading authorities on the euthanasia policy were conducted in the Netherlands. Multiple reasons were mentioned to either condone or condemn Chabot's practice.     

Crime and mental disorders among native Dutch and ethnic minority juvenile defendants in the Netherlands

We examined the prevalence of mental disorders and the recommendations regarding criminal responsibility and treatment in pre-trial mental health evaluations requested by Dutch juvenile courts for youths between the ages of 12 to 17. Youths of native Dutch (n = 2694) and of ethnic minority background (n = 1393) were compared. The prevalence of mental disorders was similar for both groups (76.8% versus 74.4%). Criminal responsibility in native Dutch youth was more often considered ‘diminished’ or ‘strongly diminished’ than in ethnic minority youth. Admission to a juvenile institution was more often recommended for ethnic minority juveniles than for native Dutch juveniles. It remains unclear from our data whether these differences reflect a false stereotype of ethnic minority populations as being more dangerous and threatening.     

Market-oriented health care reforms and policy learning in the Netherlands

In this article we analyze the evolution of market-oriented health care reforms in the Netherlands. We argue that these reforms can be characterized as policy learning within and between competing policy programs. Policy learning denotes the process by which policy makers and stakeholders deliberately adjust the goals, rules, and techniques of a given policy in response to past experiences and new information. We discern three distinctive periods. During the first period (1988-1994), the prevailing corporatist and etatist policy programs were seriously challenged by the proponents of a new market-oriented program. But when it came to political decision making and implementation, the market-oriented program soon lost its impetus because it was technically too complex and could not provide short-term solutions to meet the urgent need for cost containment. During the second period (1994-2000), the etatist program regained its previously dominant position. In parallel to a strengthening of supply and price controls, however, the government also persevered in creating the technical and institutional preconditions for regulated competition. Moreover, public discontent over waiting lists and the call for more autonomy by individual providers and insurers strengthened the alliance in favor of regulated competition. This led to the revival of the market-oriented program in a 2001 reform plan. We conclude that the odds of these new post-2001 reforms succeeding are substantially higher than in the first period due to the technical and institutional adjustments that have taken place in the past decade.     

An overview of institutions for juvenile offenders in the Netherlands and their place within the Dutch system of justice

Abstract: This paper provides the reader with a concise overview of juvenile correctional institutions in The Netherlands. These institutions are operated by either state‐ or private‐sector entities as detention centers (providing temporary custody) or remedial centers (when extended treatment is needed). The Netherlands is in the midst of significant changes in its population makeup which have had a corresponding effect on the nature of juvenile institutionalization. Specialized treatment programs and facilities will be explored in this paper. An overview of Dutch juvenile law, police, courts, and delinquency forms the background against which the reader learns about juvenile institutionalization in The Netherlands.     

Practice of the statutory disciplinary system for health care psychologists in the Netherlands

A statutory disciplinary system for health care psychologists in the Netherlands was introduced in 1998. To provide an indication of the contribution of this system to monitoring the quality of health care psychology all complaints dealt with in the period 1999-2002 were studied. Questionnaires were sent to all 388 members of the disciplinary boards (response 89%) and 43 practicing lawyers (response 65%). The regional disciplinary boards dealt with 68 complaints about health care psychologists. A sanction was imposed 16 times (25%), mainly for sexual intimacies or a sexual relationship, violation of professional secrecy or incorrect statement or reporting. The statutory disciplinary system appears to be an important corrective instrument for serious forms of professional misconduct for health care psychologists.     

Choosing to limit choice: Self-binding directives in Dutch mental health care

In certain cases of chronic mental illness (for example bipolar disorder) a self-binding directive or Ulysses contract may be a helpful intervention to prevent harm to the person him- or herself and/or others. By choosing such an arrangement, the patient can indicate when and how mental health professionals may intervene against his or her will and provide indicated care which may lead to an improvement of the patient's mental condition. In the Netherlands, since 2008 the Compulsory Admissions Act has been amended and now includes a paragraph on self-binding. Starting from the Dutch debate and statutory regulation of self-binding in mental health care, a number of issues with broader relevance are discussed, particularly as these pertain to the legal regulation and juridification of self-binding. It is argued that too many detailed rules are a threat to increasing patient empowerment.     

Post-war fascism in the Netherlands

In practically all the countries of western Europe attempts were made, shortly after the ending of the Second World War, to inject new life into national socialism and fascism. This also happened in the Netherlands. Such efforts were being made in the face of severe restrictions since, after 1945, fascist and racist activists could expect to encounter considerably more resistance than they had done before 1940. Nevertheless, fascist and racist organizations have continued to crop up throughout the entire post-war period. The pursuit of fascist continuity in a post-war, anti-fascist climate evoked fierce opposition and sharp conflicts. These conflicts constituted a threat to extreme-right activists, for if such activists could be identified with fascism, they would be discredited and viewed as criminals. They were obliged to adapt to the new situation, but adaptive strategies carried a risk: disavowal of ideological principles. This dilemma has two boundaries: on the one hand the open conflict with the judiciary and, on the other, a vague and nebulous political profile. Both limitations could spell the end of the organization. This article has been concerned with the struggle between fascist and racist organizations and the outside world in the post-war decades. The course of the struggle has had a great deal of influence on the rise and fall of organizations and on the varied forms they have taken. Fascist organizations have to withstand the pressure from without in one way or another, but how? This is the big question which has formed a divisive element for decades now.