Author
Article 18a RVA refers to Article 21 of the recast Reception Conditions Directive to define asylum applicants considered vulnerable.
With regard to the (crisis) emergency locations, the problem with fulfilling special reception needs of vulnerable groups was that medical screening was not consistently and adequately offered in Ter Apel. Therefore, many cases of vulnerable people being placed in insufficient emergency locations have taken place. For example, someone who had recent breast surgery and back problems and for whom it is not suitable to sleep on a stretcher, a girl with severe kidney disease who needed urgent treatment and heavily pregnant women.[1] The Hague Court of Appeal judgement of 20 December 2022 states that medical screening always needs to be offered and that special needs of vulnerable groups need to be provided.[2]
In 2024, the Dutch Council for Refugees (VWN) conducted a research in twenty (crisis) emergency locations, and found that in eleven of these locations vulnerable people whose special reception needs could not be taken care of were present, including pregnant women, chronically ill individuals and survivors of physical and sexual violence. [3] In eight out of twelve mixed-gender (crisis) emergency locations, women, children, and in one case LGBTQ+ individuals, feel unsafe during their stay due to inappropriate behaviour by other (male) residents. Many did not report these incidents out of fear or a belief that no action would be taken. Additionally, obligations imposed upon the State in the court proceedings of the Dutch Council for Refugees (VWN) versus the State are still being violated, particularly regarding the welfare of children and vulnerable people.[4]
Health care NGOs Doctors of the World, Pharos and the Red Cross reported that in 2024 applicants residing in (crisis) emergency locations had generally received a medical screening.[5] However, applicants with special reception needs are still regularly placed in (crisis) emergency locations that cannot fulfil their needs. The report gives the example of a wheelchair user in a location that is not fully wheelchair-accessible. On 26 February 2025, the Inspection of Healthcare and Youth of the Ministry of Health, Welfare and Sports released a report calling attention to the high risks of permanent health damage among vulnerable people due to the long length of stay at (crisis) emergency locations and the many transfers.[6] The fact that vulnerable groups are still placed in unsuitable locations is further evidenced by the ‘pre-registration’ or ‘waiting room’ locations surrounding Ter Apel. Families with children were placed in an overnight shelter consisting of tents, and in July 2024 a doctor reported several children staying at the Assen location (in an event hall) became underweight due to unsuitable nutrition and could not sleep because of the noise.[7] The Inspection of Justice and Safety has stressed that the facilities at ‘waiting room’ locations are insufficient for children.[8] Children’s rights NGOs report that in 2024 there are 65% more children residing in (crisis) emergency locations compared to last year: 5,556 in July 2024 compared to 3,378 in July 2023.[9] They stress that children should not be residing at such locations due to the many transfers involved (six to eight times during an asylum procedure), insufficient access to education, and a lack of privacy, safety, healthcare and support for children. The Minister has admitted that due to the current lack of reception capacity, it is not possible to adhere to the premise that children should not reside at emergency locations.[10] The Dutch Research Council for Safety (Onderzoeksraad voor Veiligheid) has announced that it will conduct a research into the safety and mental and physical health of children in emergency locations.[11] Transfers to suitable reception centres for vulnerable applicants should be available, but due to the lack of reception capacity this is often difficult to achieve and the process is slow.[12]
With the exception of specialised accommodation for unaccompanied children, the COA does not provide separate reception centres for women, LGBTQI+ persons or other categories – although there have been calls for their creation. There are regular reports of homophobic incidents, including severe violence against LGBTQI+ persons, at reception centres, especially at Ter Apel.[13] An investigation into the treatment of LGBTQI+ persons and of converts and apostates has been completed in 2021. The researchers concluded that COA does not pursue a target group policy, but that the organisation does pay structural attention to vulnerable groups in reception.[14] With regard to LGBTQI+ asylum applicants, the COA has developed a policy to increase the quality of life at COA locations. Special LGBTI attention officers are available at various COA locations to assist LGBTQI+ asylum applicants and to whom employees can appeal. In addition, COA is committed to promoting the expertise of its employees on the topic.[15] The report concludes that, in comparison to the LGBTQI+ policy, there is less attention in reception for converts and apostates and attention to issues connected to religious freedom is still limited.[16] The researchers recommended opening special LGBTQI+ units, but the COA does not consider it a priority. Additionally, were the COA willing to consider their wishes (e.g. having a room for themselves or living in the same building as other LGBTQI+ persons), it is impossible to address them given the current reception crisis.[17]
However, employees of the COA have to make sure that a reception centre provides an adequate standard of living as the COA is responsible for the welfare of the asylum applicants.[18] In practice, this means that the COA considers the special needs of the asylum applicants. For example, if an asylum applicant is in a wheelchair the room will be on the ground floor. Besides that, if asylum applicants cannot wash themselves, they are allowed to make use of the regular home care facilities; the asylum applicant is entitled to the same level of health care as a Dutch national.
Reception of unaccompanied children
Unaccompanied minors are especially affected by the reception crisis. In the COL location in Ter Apel there is capacity for guidance of 120 unaccompanied minors.[19]
Since 2022, unaccompanied minor facilities in Ter Apel have been overcrowded. In 2022, the Ombudsperson for children, the Inspections of the Ministries of Justice and Security, and Healthcare and Youth, and the Working Group ‘Child in AZC’ raised concern on the situation of unaccompanied minors in Ter Apel multiple times.[20] In first instance at the Court proceeding on the reception conditions initiated by VWN, the court ruled that COA and the government needed to make sure that no more than 55 unaccompanied minors would stay in Ter Apel within two weeks.[21] Although confirming the seriousness of the situation of unaccompanied minors and the responsibility (and blame) of the government, the court in second instanced decided to squash the time limits that were given to the government in first instance.[22]
Reports of overcrowding continued in 2023. The Inspections of the Ministries of Justice and Security, Healthcare and Youth and Education as well as the Dutch Labour Inspection concluded that the reception for children does not meet minimal quality requirements, as access to education and health care are insufficiently guaranteed, the child’s individual best interests receive inadequate attention and the overcrowding of locations leads to safety issues.[23]
In 2024 there was less explicit attention to the overcrowding of the housing of unaccompanied minors in Ter Apel, but the occupation still continued to surpass the capacity.[24] At the start of the year, the Minister already expressed her concern for the shortage of sufficient structural reception places for unaccompanied minors.[25] In December 2024, the Minister stressed that, in the context of the broader lack of reception capacity, there is also a serious lack of reception places for unaccompanied minors.[26]
Due to the shortage of reception places for unaccompanied minors, unaccompanied minors from the age of 17 years and 9 months are placed among adults in regular AZC’s or emergency locations.[27] There might also be minors placed among adults if the IND does not believe that they are underage (see also section Application of the Dublin criteria).
Unaccompanied minors from the age of 16 can be placed in the Enforcement and Supervision location (see section above) if they broke the rules.
Unaccompanied children younger than 15 are accommodated in foster families and are placed with those families immediately.
Unaccompanied children between 15 and 18 years old are initially accommodated in a special reception location (POL-amv). Children are guided by their guardian of Stichting Nidos, the guardianship agency, and by the Dutch Council for Refugees. They stay in this POL-amv during their procedure for a maximum of 7 weeks. If their application is rejected, they go to small housing units (kleine woonvoorziening). The small housing units fall under the responsibility of the COA and are designed for children between the age of 15 and 18 years old, often of different nationalities. These small housing units are located in the area of a larger AZC, at a maximum distance of 15km. The capacity of the small housing units is between 16 and 20 children. The total number of children housed in the small housing and the AZC cannot exceed 100.
A mentor is present 28.5 hours a week.[28] If unaccompanied children receive a residence permit, Nidos is responsible for their accommodation.
The COA had accommodated 5,212 unaccompanied children by the end of 2024, almost twice the number registered at the end of 2022 (3,246) but a slightly less than the number registered at the end of 2023 (5,557).[29]
In December 2023, the Directorate-General on Migration published a quantitative analysis of the high number of unaccompanied minors arrivals since the summer of 2021.[30] The analysis was based on figures from EUROSTAT, IND figures and the answers to an EMN-questionnaire, and it was accompanied by a qualitative report on the reasons for (increased) arrival unaccompanied minors in the Netherlands.[31] In 2023 (until September), the Netherlands received 13% of the arriving unaccompanied minors in the EU. Other Member States also saw a high influx of unaccompanied minors with an even bigger jump compared to previous years than the Netherlands – for example Germany. The qualitative research identified no clear overarching reason for unaccompanied minors to come to the Netherlands as opposed to other EU countries.[32]
Protection reception locations (beschermde opvang)
Unaccompanied asylum-seeking children are extra vulnerable with regard to human smuggling and trafficking. Children who have a higher risk of becoming a victim, based on the experience of the decision-making authorities, are therefore placed in protection reception locations (beschermde opvang). The children live in small locations, with 24/7 professional guidance available. When a child arrives at Ter Apel, the organisation Nidos decides whether they should be placed in the protection reception location, under the responsibility of the NGO XONAR, contracted by COA.[33] On 2023, the investigative journalist platform Argos reported that at least 360 unaccompanied minors had left reception centres without reason between January 2022 and March 2023, of which 237 disappeared from Ter Apel and 36 from (crisis) emergency locations.[34] Counting from January 2018 to March 2023, a total of 1,807 unaccompanied minors have disappeared from reception locations.[35]
[1] VWN, Third Quickscan, 19 October 2022, available at: https://bit.ly/3ZseCuT.
[2] The Hague Court of Appeal (civil department), ECLI:NL:GHDHA:2022:2078, 20 December 2022.
[3] VWN, Gevlucht en Vergeten? No. 2, January 2024, available in Dutch at: https://bit.ly/4hfWkVP.
[4] Ibid; The Hague Court of Appeal (civil department), ECLI:NL:GHDHA:2022:2078, 20 December 2022, available in Dutch at: https://bit.ly/3Ii2iX0.
[5] Dokters van de Wereld, Pharos en Rode Kruis, Uitzichtloos in de opvang, 18 December 2024, available in Dutch at: https://bit.ly/3BZS9Pb.
[6] Inspection Healthcare and Youth, Uitkomsten toezicht asielopvang 2024: Het Risico op blijvende gezondheidsschade vereist nu verbetering voor de meest kwetsbare asielzoekers, 26 February 2025, https://bit.ly/4iw3Xbs.
[7] RTV Drenthe, ‘Brandbrief heeft effect: opvang in Expo Hal aangepast voor kinderen’, 6 November 2024, available in Dutch at: https://bit.ly/40jQXhL; RTV Drenthe, ‘Crisisnachtopvang asielzoekers naar 2e Exloërmond verhuisd: ‘Een uitkomst voor Ter Apel’’, 6 February 2024, available in Dutch at: https://bit.ly/3BTQTNw; De Groene Amsterdammer, ‘Asielzoekers in Kijkduin: Een sigaretje op het balkon’, 10 January 2024, available in Dutch at: https://bit.ly/4ak8Ota.
[8] Inspectie Justitie en Veiligheid, Brief Toezicht Inspectie Justitie en Veiligheid Ter Apel, 15 January 2024, available in Dutch at: https://bit.ly/3WmsWoR.
[9] Kinderrechtencollectief, ‘65% meer kinderen in noodopvang is onacceptabel’, 22 October 2024, available in Dutch at: https://bit.ly/4jkDDlC.
[10] Aanhangsel van de Handelingen, 2024-2025, nr. 962, available in Dutch at: https://bit.ly/4gXGU92.
[11] Onderzoeksraad voor Veiligheid, ‘Kinderen in de asielketen’, October 2024, available in Dutch at: https://bit.ly/42gZdBB.
[12] Dokters van de Wereld, Pharos en Rode Kruis, Uitzichtloos in de opvang, 18 December 2024, available in Dutch at: https://bit.ly/3BZS9Pb.
[13] See for example LGBT Asylum Support, ‘Brandbrief nalatige overheid – Waar ben je veilig als bescherming niet langer gegarandeerd is?’, 12 August 2024, available in Dutch at: https://bit.ly/42frh8f.
[14] Regioplan and Free University, LGBTIs, converts and apostates in asylum reception, 6 October 2021, available in Dutch at: https://bit.ly/3nhpc6K.
[15] COA, ‘Lhbtiq+’, available in Dutch at: https://bit.ly/3PGMq3G.
[16] Regioplan and Free University, LGBTIs, converts and apostates in asylum reception, 6 October 2021, available in Dutch at: https://bit.ly/3nhpc6K.
[17] Reaction by the State Secretary (now Minister) to the Research on LGBTIs, converts and apostates in asylum reception, 7 December 2021, KST 19637, No 2801, available in Dutch at: https://bit.ly/3tl7JOr.
[18] Article 3 Reception Act.
[19] Inspection Health Care and Youth, ‘Inspecties: Situatie in Ter Apel is uiterst kritisch’ 31 October 2023; AD, ‘Trauma’s, uitzichtloosheid en tussendoor een balletje trappen: een kijkje bij de minderjarigen in Ter Apel’, 4 April 2024, available in Dutch at: https://bit.ly/3WnkJAR.
[20] Kinderombudsman, ‘Nog steeds sprake van kinderrechtenschendingen in Ter Apel’, 7 November 2022, available in Dutch at: https://bit.ly/3Qq9B1U; Kinderombudsman, ‘Brief aan staatsecretaris Van der Burg over onveilige en stressvolle opvang amv’s in Ter Apel’ 10 October 2022, available in Dutch at: https://bit.ly/3GNMzOj; Kinderombudsman in newspaper NRC, ‘Kinderen in Ter Apel worden verwaarloosd’, Andreas Kouwenhoven, 14 April 2022, available in Dutch at: https://bit.ly/3GQWaVt; Inspectie JenV en Inspectie Gezondheidszorg en Jeugd, ‘Signaalbrief Kinderen in de opvang’, 16 June 2022, available in Dutch at: https://bit.ly/3Qqel7I and Factsheet Emercency Locations asylum applicants, available in Dutch at: https://bit.ly/3k2tjVw; Werkgroep kind in AZC (o.a. UNICEF en VWN), ‘Noodsituatie op Noodlocaties – Quickscan naar de leefomstandigheden van kinderen in de (nood)opvang’, 20 June 2022, available in Dutch at: https://bit.ly/3GRXesl.
[21] Regional Court The Hague (civil department), ECLI:NL:RBDHA:2022:10210, 6 October 2022, available in Dutch at: https://bit.ly/3wikDjE, para. 7.4.
[22] Court The Hague (appeal; civil department), ECLI:NL:GHDHA:2022:2078, 20 December 2022, available in Dutch at: https://bit.ly/3Ozwn7V.
[23] Inspection Justice and Security, Inspection Health Care and Youth, Inspection Education, Dutch Labour Inspection, ‘Kinderen in de noodopvang en crisisnoodopvang’ 19 April 2023, available in Dutch at: https://bit.ly/3O07tOr, 2.
[24] Trouw, ‘Binnen bij de opvang voor minderjarige asielzoekers in Ter Apel: ‘Het zijn gewoon pubers, met puberstreken’’, available in Dutch at: https://bit.ly/40BrhOE.
[25] KST 27 062, nr. 13, available in Dutch at: https://bit.ly/3Wo3f7A.
[26] KST 19637, nr. 3320, available in Dutch at: https://bit.ly/3CiXYHm.
[27] This was the case from November 2021 – May 2022 and from November 2022 on, see KST 30573, nr. 195, available in Dutch at: https://bit.ly/3VGp9Qb. The measure was continued in January 2024, see KST 27 062, nr. 13, available in Dutch at: https://bit.ly/3Wo3f7A.
[28] COA, ‘Alleenstaande jongeren’, available in Dutch at: https://bit.ly/3O2gwhL; Nidos, ‘Opvang in vertrouwde handen’, available in Dutch at: https://bit.ly/3PBgUnS.
[29] COA, ‘Personen in de opvang uitgesplitst naar leeftijd en land van herkomst’, available in Dutch at: https://bit.ly/3KiETqB, accessed at 11 January 2024.
[30] Directoraat-Generaal Migratie, Kwantitatieve analyse alleenstaande minderjarige vreemdelingen (amv), December 2023, available in Dutch at: https://bit.ly/3HfTvnL.
[31] WODC, Kennisbericht Alleenstaande minderjarige vreemdelingen naar Nederland, December 2023, available in Dutch at: https://bit.ly/3RXluO1.
[32] Ibid; Directoraat-Generaal Migratie, Kwantitatieve analyse alleenstaande minderjarige vreemdelingen (amv), December 2023, available in Dutch at: https://bit.ly/3RXluO1.
[33] XONAR, ‘Opvang voor alleenstaande minderjarige vreemdelingen’, available in Dutch at: https://bit.ly/3WkLCpa.
[34] Argos, ‘Opnieuw honderden vluchtelingenkinderen spoorloos verdwenen uit opvang’, 26 May 2023, available in Dutch at: https://bit.ly/3O1EucW.
[35] Ibid.