The Kingdom of the Netherlands violated a child’s right to privacy by collecting his cellular material and storing his DNA profile following his conviction for theft-related offences at the age of 14, the United Nations (UN) Human Rights Committee has determined. The finding was issued in Geneva on 19 May 2026, according to a press release by the UN Human Rights Office. The Committee published its Views after reviewing a complaint filed by G.T.V.B., a Dutch national. He had been convicted by a juvenile court and sentenced to 40 hours of community service, half of which was suspended. The Committee concluded that the interference with his privacy was arbitrary and breached international law.
Under Dutch law, DNA testing orders were issued automatically for convicted persons who had received certain sentences, with no distinction drawn between adults and children. Following the conviction, the public prosecutor automatically ordered the collection of the complainant’s cellular material for DNA testing. His DNA profile was then processed and stored in the national DNA database. In cases regarded as serious, such profiles could be retained for up to 30 years. The complainant appealed the order before domestic courts, arguing it was disproportionate given his age, the nature of the offences and the sentence imposed, but his objection was dismissed.
The Committee acknowledged that DNA collection and retention may serve legitimate criminal justice aims and that the measure is lawful under Dutch law. It recalled, however, that legality and legitimacy alone are not enough. Any interference with privacy must also be reasonable, necessary and proportionate to the circumstances, particularly when the offender is a child. Applying those principles, the Committee found the processing and storing of the complainant’s DNA profile was not proportionate. It cited his age at the time of the offences, the nature of his sentence and the excessive retention period.
The Committee concluded that the measure violated the International Covenant on Civil and Political Rights, which protects against arbitrary or unlawful interference with privacy.
“Children differ from adults in their physical and psychological development, as well as in their emotional and educational needs,” said Vice-Chair of the Committee Hélène Tigroudja.
She stressed that in juvenile justice, children’s best interests must be a primary consideration, with particular attention paid to protecting their privacy. Tigroudja added that children in conflict with the law are entitled to special protection. She emphasized that DNA retention regimes must not treat children the same as adults without an individual, case-by-case assessment of necessity and proportionality.
The Committee called on the State Party to provide the complainant with an effective remedy, including adequate compensation for moral and material harm. It also requested the reimbursement of any court fees and legal expenses, along with the removal of his DNA profile and related data from the national DNA database. The Netherlands was further asked to take legislative and practical measures to prevent similar violations in the future. The State Party must report back within 180 days on the steps taken to implement the Committee’s Views. The decision underscores the heightened privacy safeguards required for children within criminal justice systems.
