Netherlands Fails to Protect Women From Forced Marriages

The results reveal that shortcomings in legislation, variations in agency collaboration and slowness to identify victims are major challenges. However, the early warning signals are missed by authorities, or they are too late to act; and even when they find these warning signs, the professionals lack adequate intervention methods.

Hybrid protection orders as a possible solution
The report also cites how the U.K. employs hybrid protection orders that combine civil and criminal legal measures for enhanced victim protection. These are civil directives which become criminal offences if they are ignored, with penalties of up to five years in prison. This two-hander is said to put the victim at the heart of the proceedings and complement the deficiencies of the traditional protection instruments, according to experts.

Dutch remedies such as restraining and child protection orders are, by contrast, inadequate or applied too cautiously. Another obstacle is that court rulings in the Netherlands aren't internationally recognised, which would in cross-border legal cases further minimise their effect.

Stronger coordination and legal innovation are necessary
The report concluded that Dutch agencies frequently operate independently of each other, do not have a common strategy and share little information. Family and community pressure are frequently a factor in these crimes, but existing protections are only temporary remedies. The researchers suggest creating civil protection orders, which will be Criminal Law Act orders based on the British model.

They also emphasise continuing education for judges, police, prosecutors and lawyers, as well as better enforcement and monitoring systems. Collaboration with communities is important to reduce stigma and gain trust.

Legal tools are available in countries such as Belgium, Denmark and Norway, but they too encounter obstacles. They are not that much better protected, demonstrating the risk that better enforcement and compliance trickles through in even modest changes throughout Europe.