Currently, there are two collective complaints ongoing in the Netherlands concerning children's rights. One of them is the appeal filed by Defence for Children International – the Netherlands (Defence for Children) and the Dutch section of the International Commission of Jurists (the NJCM) regarding the right to water, which is being handled by the Court of Appeal in The Hague. Simultaneously, multiple parties filed a lawsuit against TikTok at the Amsterdam District Court. This court case revolves around the privacy and consumer rights of children in relation to digital technology and the responsibility that TikTok bears in this regard. Take Back Your Privacy (TBYP) Foundation is amongst the plaintiffs and filed the collective complaint in collaboration with the Dutch Consumer Association (Consumentenbond). Defence for Children endorses the lawsuit.  

Right to Water  

On April 6, 2022, the District Court of The Hague ruled in our Right to Water court case. The Court ruled that it is not necessarily unlawful for families with children to be cut off from drinking water supplies when parents fail to pay the water bill. Defence for Children and NJCM do not agree with this ruling and have therefore appealed the decision. In February 2023, the Dutch government and the two accused public water companies responded to the appeal of Defence for Children and NJCM. After these statements on paper, the Court of Appeal decided that the court hearing will take place on December 11, 2023 at 1.30 p.m. The hearing is open to the public. The ruling usually follows within a few weeks. 

TikTok  

Defence for Children advocates for companies providing digital services, such as TikTok, to ensure that their services are (by design) suitable for children, allowing them to navigate in an environment where privacy and online safety are top priorities. The TYPB Foundation identifies three main types of violations that TikTok allegedly commits. Firstly, TikTok extensively processes children's personal data, which is not permissible without a valid legal reason as stated in the law. According to TBYP, TikTok lacks such a justification. Additionally, TikTok does not have a proper system to verify users' age or whether children have parental consent when required by law. Secondly, TBYP argues that TikTok fails to adequately inform children about their privacy and consumer rights, leaving them unaware of the fact that TikTok violates these rights and unable to assert their rights. Thirdly, TBYP believes that due to security issues in the app, TikTok exposes children to harmful situations. For instance, their personal data is sent to countries like China, and the app shows children harmful videos and covert advertisements.  

Given TBYP's findings, Defence for Children is concerned about the children and young people using the TikTok app. Therefore, we endorse the collective complaint. Children (residing in the Netherlands) can, with the consent of their parent(s), participate in the procedure, which also aims to obtain compensation for them. Young people who have already reached the age of 18 can participate without parental consent. Registration can be done via the link provided at the end of this news article (in Dutch).  

The case against TikTok is still in the preliminary phase. On November 9, 2022, the Amsterdam District Court declared itself competent to rule on the case. Since multiple parties have sued TikTok, the company is expected to respond to the demands and justifications submitted by the various plaintiffs. To prevent complications that may arise for the respondent, the law includes a provision that attempts to streamline this process. The court must appoint one exclusive representative who will safeguard the interests of all the plaintiffs involved in the collective complaint. The Amsterdam District Court will appoint this representative after the court hearing on June 28, 2023 and -added information- scheduled the ruling on competency and representative at 30 August, 2023. 

Going to court  

Defence for Children International – the Netherlands sees litigation for and on behalf of children as a last resort to enforce the implementation and compliance with the children's rights outlined in the UN Convention on the Rights of the Child. Eva Huls, in-house attorney at Defence for Children, states: "These procedures are often complex and can be lengthy. While we prefer to prevent such legal proceedings by seeking solutions through dialogue, it is not always possible. Initiating a class action lawsuit, also known as strategic litigation, becomes a final option. Defence for Children can file a collective complaint in cases that affect all or large groups of children residing in the Netherlands, such as in our Right to Water case."  

Complaints Protocol under the UN Convention on the Rights of the Child  

In many countries, children can independently file complaints with the UN Committee on the Rights of the Child. This is possible because these countries have signed and ratified the Third Optional Protocol to the UN Convention on the Rights of the Child. Children residing in the Netherlands must be patient as the country has not yet done so. Defence for Children emphasizes the importance of allowing children in the Netherlands to advocate for their own interests and rights. Therefore, we continue to advocate for opening up the opportunity for children in the Netherlands to lodge complaints with the UN Committee on the Rights of the Child.

Added information

Just recently on May 26, 2023, the Dutch government communicated that the Third Optional Protocol to the UN Convention on the Rights of the Child will be ratified by the Netherlands. The process will commence after the completion of the ratification process to the UN Convention on the Rights of Persons with Disabilities and after an explicit weighing moment in which the experience gained with the ratification process is properly taken into account. 

More information: 

• Register to participate in the procedure against TikTok 
• Letter of the Dutch government on ratification of the Third Optional Protocol to the UN Convention on the Rights of the Child