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Sexual violence and sexual misconduct have far-reaching and long-lasting consequences for victims, especially when minors are involved. European laws and regulations, as well as international treaties such as the Istanbul Convention, require governments to take action to combat sexual violence. The Netherlands has a responsibility to implement policies that protect vulnerable groups, such as minors, from sexual violence.
One of the policy instruments for this is the Certificate of Good Conduct (known as VOG in Dutch) for natural persons. The VOG is intended to prevent individuals with a relevant criminal history from holding positions in which they may pose a risk to others. This instrument plays a role in safeguarding vulnerable individuals against risks such as sexual violence.
Currently, police records are not routinely consulted in the VOG screening process and, if they are considered, they cannot be used as independent grounds for refusal. This means that a VOG cannot be denied based solely on police records; at most, they can only support judicial information. This is different for the 'VOG police information' introduced in 2022, where these data can indeed serve as an independent ground for refusal. The VOG P currently applies to a very limited number of positions.
With the aim of protecting vulnerable individuals, the Ministry of Justice and Security seeks to understand the advantages and disadvantages of routinely including police records in the VOG screening process. These data can contribute to better protection of vulnerable persons by providing a more complete picture of the applicant. They could also potentially serve as independent grounds for refusal. This concerns the VOG screening for all positions involving an authority or dependency relationship or in locations where vulnerable persons are present.
The intention is to fully assess the advantages and disadvantages compared to the current approach. The use of police records raises various questions related to the rule of law, ethics, and privacy. Using police records without judicial determination of guilt can lead to a greater intrusion on the privacy of the applicant and raises questions about the presumption of innocence. It also raises questions about the system in which police information is collected, processed, and stored. This includes issues such as retention periods and the method of registration, particularly regarding how records are kept for sexual offences and how reports are handled.
The purpose of this research, conducted in collaboration with Leiden University, is to clarify the advantages and disadvantages for all parties involved - compared to the current approach - of routinely including police records and using them as independent grounds for refusal in the VOG screening for positions involving an authority or dependency relationship or in locations where vulnerable individuals are present.
