A re-evaluation of the role of criminal law in combating parental violence in the Netherlands: Access to criminal justice for child victims of parental violence from a children’s and human rights perspective

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.