Progressive Laws of The Netherlands Endeavour Japan, March 18 th 2009

Ed Kuiters

Program Getting to know the Netherlands Euthanasia Drugs Same sex marriage Immigration Lessons Should & could this happen in Japan?

Getting to know the Netherlands

Euthanasia

Drugs

Same sex marriage

Immigration

Lessons

Should & could this happen in Japan?

1830 1579 1815

History of Tolerance

“ good death”

What is Ending a life in a painless manner (lit. “good death”) Passive: do not revive Active: actively end life Voluntary: request to end your life Involuntary: in the best interest of the patient { {

Ending a life in a painless manner (lit. “good death”)

Passive: do not revive

Active: actively end life

Voluntary: request to end your life

Involuntary: in the best interest of the patient

Laws 2002: E uthanasia will continue to be a criminal , but... Doctors are exempted from criminal liability when: patient asked repeatedly suffering is unbearable and desperate doctor consulted a colleague prior to euthanasia report the cause of death to municipal coroner Review committees

2002: E uthanasia will continue to be a criminal , but...

Doctors are exempted from criminal liability when:

patient asked repeatedly

suffering is unbearable and desperate

doctor consulted a colleague prior to euthanasia

report the cause of death to municipal coroner

Review committees

Arguments Pro -euthanasia No biblical ref to preserving life No need for unnecessary suffering Freedom of choice Anti -euthanasia God decides... Pressure; doctors, family Doctors should preserve life Pain killers

Pro -euthanasia

No biblical ref to preserving life

No need for unnecessary suffering

Freedom of choice

Anti -euthanasia

God decides...

Pressure; doctors, family

Doctors should preserve life

Pain killers

Statistics

Why in The Netherlands? Ideological: Freedom of conscience; “If you want it & it does not bother us..” Practical: It was already common practice Christian minority in politics Health care insurance for all

Ideological:

Freedom of conscience; “If you want it & it does not bother us..”

Practical:

It was already common practice

Christian minority in politics

Health care insurance for all

Drugs

What is... Soft drugs = Cannabis: marijuana, hashish Hard drugs: cocaine, heroine, etc.

Soft drugs = Cannabis: marijuana, hashish

Hard drugs: cocaine, heroine, etc.

Risks cannabis (WHO) Direct effect Impairs learning Dangerous while driving Chronic usage (<1% - Europe) Mental dependence (motivational problems) Complex information processing Make schizophrenia worse Affects airways Chance of reduced weight babies Stepping stone? No statistical evidence

Direct effect

Impairs learning

Dangerous while driving

Chronic usage (<1% - Europe)

Mental dependence (motivational problems)

Complex information processing

Make schizophrenia worse

Affects airways

Chance of reduced weight babies

Stepping stone? No statistical evidence

Risks of alcohol, tobacco (WHO) Alcohol Damage family, work Intoxication, injuries Neuro adaptive Withdrawal symptoms Breast cancer Liver cirrhosis Brain development ..60 other diseases Tobacco Kills half of its users Annually 5.4 million deaths 10% deaths worldwide (18% Japanese men '95) JP Government owns 50% of Japan Tobacco

Alcohol

Damage family, work

Intoxication, injuries

Neuro adaptive

Withdrawal symptoms

Breast cancer

Liver cirrhosis

Brain development

..60 other diseases

Tobacco

Kills half of its users

Annually 5.4 million deaths

10% deaths worldwide (18% Japanese men '95)

JP Government owns 50% of Japan Tobacco

Drugs compared (Lancet)

Opium Law ....decriminilization of drugs consumption ....

....but it is illegal to bring into/ out of Dutch territory commercially grow (max 5 plants)

bring into/ out of Dutch territory

commercially grow (max 5 plants)

Objectives drug policy '96 1. Prevent use & rehabilitate users 2. Reduce harm to users 3. Diminish public nuisance 4. Combat production & trafficking

1. Prevent use & rehabilitate users

2. Reduce harm to users

3. Diminish public nuisance

4. Combat production & trafficking

Objectives drug policy 1. Prevent use & rehabilitate users 2. Reduce harm to users 3. Diminish public nuisance 4. Combat production & trafficking Total public expenditure '06 EUR 42 mln EUR 278 mln EUR 220 mln EUR 1646 mln EUR 2196 mln* *relatively 2 nd highest EU

1. Prevent use & rehabilitate users

2. Reduce harm to users

3. Diminish public nuisance

4. Combat production & trafficking

Total public expenditure '06

EUR 42 mln

EUR 278 mln

EUR 220 mln

EUR 1646 mln

EUR 2196 mln*

*relatively 2 nd highest EU

Prevent/ rehabilitation Prevent school programs Rehabilitate “ detox” centers reintegration programs aftercare Results criminal recidivism and addiction: est decrease 12-28% mortality rate decrease: 2%<= of heavy users

Reduce harm to users Addiction care Work at a farm Methadone, Medical heroin Vaccination Needle exchange Pill testing Result: mortality rate heavy users < 2% per year

Addiction care

Work at a farm

Methadone, Medical heroin

Vaccination

Needle exchange

Pill testing

Result: mortality rate heavy users < 2% per year

Diminishing public nuisance User rooms/ shelters Closing coffee shops, drug houses Cracking down on cultivation Frequent offender sanctions

User rooms/ shelters

Closing coffee shops, drug houses

Cracking down on cultivation

Frequent offender sanctions

Combat production/ trafficking Criminal cases recorded by public prosecutor

Social costs per drug addict Per year Methadone Addict treatment Law enforcement Damage victims Travel costs Loss of productivity TOTAL Savings prescribed heroine Costs Eur 1.412 Eur 1.126 Eur 12.885 Eur 34.991 Eur 146 Eur ? Eur 50.560 Eur 12.793

Per year

Methadone

Addict treatment

Law enforcement

Damage victims

Travel costs

Loss of productivity

TOTAL

Savings prescribed heroine

Costs

Eur 1.412

Eur 1.126

Eur 12.885

Eur 34.991

Eur 146

Eur ?

Eur 50.560

Eur 12.793

Statistics WHO '07 At 21 years Cannabis% Cocaine% USA 54.0 16.3 Germany 41.0 6.1 France 44.1 1.9 Netherlands 34.6 1.0

Used cannabis last year (15-34)

Arguments Pro-tolerance Relatively small health effects Repression does not work Penalty is worse than crime Save (social) costs If a problem is unsolvable, control it Anti-tolerance Any drug is bad for your health Difficult to draw a line Holy war 5% population is bothered by drug nuisance (CBS)

Pro-tolerance

Relatively small health effects

Repression does not work

Penalty is worse than crime

Save (social) costs

If a problem is unsolvable, control it

Anti-tolerance

Any drug is bad for your health

Difficult to draw a line

Holy war

5% population is bothered by drug nuisance (CBS)

Why in The Netherlands Discovery of the physical pleasures in 60's Today's politicians were students in 60's Individual freedom “ if it does not bother us” Repression does not work; pragmatic

Discovery of the physical pleasures in 60's

Today's politicians were students in 60's

Individual freedom “ if it does not bother us”

Repression does not work; pragmatic

Same sex marriage

In favor of same sex marriages 2007, PEW

Laws 1998: any couple can enter into a registered partnership 2001: legalized gay and lesbian marriages. Adoption: non-biological father/ mother can adopt children, provided biological father did not make a claim before birth Adoption from other countries: indirectly possible Marriage between Dutch and foreigner is possible

1998: any couple can enter into a registered partnership

2001: legalized gay and lesbian marriages.

Adoption: non-biological father/ mother can adopt children, provided biological father did not make a claim before birth

Adoption from other countries: indirectly possible

Marriage between Dutch and foreigner is possible

Arguments Pro-marriage Human beings are equal Anti-marriage Bible - holy institution Marriage > children Children born out of wedlock

Pro-marriage

Human beings are equal

Anti-marriage

Bible - holy institution

Marriage > children

Children born out of wedlock

Daily practice Local governments: mandatory Churches: many

Local governments: mandatory

Churches: many

Statistics

Why in The Netherlands Art 1; non-discrimination Huge majority in favor Christian minority in parliament

Art 1; non-discrimination

Huge majority in favor

Christian minority in parliament

Liberal laws Freedom of conscience Reaction to existing situation Political favorable time Did not lead to an increase Drugs law not worse than repression

Freedom of conscience

Reaction to existing situation

Political favorable time

Did not lead to an increase

Drugs law not worse than repression

Immigration

Statistics Immigration 1990 - 2007 total 1 st generation 2 nd generation 2007 1990 2007 1990 2007 Dutch 13184 Non-Western 1740 562 1016 269 723 Western, inc Indonesia + Japan 1433 415 588 789 884 16357

Statistics

Statistics Ams, Rott, Den Haag > 33% immigrants Low voting rates Percentage low income Dutch: 8% 1 st generation, non-western: 33% 2 nd generation, non western: 21% 1 st & 2 nd generation 3 times as often suspect of criminal offense > 50% of problematic drug abusers

Ams, Rott, Den Haag > 33% immigrants

Low voting rates

Percentage low income

Dutch: 8%

1 st generation, non-western: 33%

2 nd generation, non western: 21%

1 st & 2 nd generation 3 times as often suspect of criminal offense

> 50% of problematic drug abusers

Opinion poll &quot;that there were too many people of different nationalities living in the Netherlands&quot; 2000: agree 51%

Laws Foreigner Law Every citizen: Social benefit Education Health care

Foreigner Law

Every citizen:

Social benefit

Education

Health care

Refugees

Tolerance today “ I am also in favor of a cold war with Islam. I see Islam as a hostile religion.” “ Allowing as many as 40,000 asylum-seekers into the country each year had to be stopped.” “ I don't hate Islam. I consider it a backward culture.“ “ I want Immigrants to adopt the Dutch society's consensus on human rights as their own” 17% voted Pim Fortuyn (est 22%) - 2002

“ I am also in favor of a cold war with Islam. I see Islam as a hostile religion.”

“ Allowing as many as 40,000 asylum-seekers into the country each year had to be stopped.”

“ I don't hate Islam. I consider it a backward culture.“

“ I want Immigrants to adopt the Dutch society's consensus on human rights as their own”

“ Delete Article 1” DUTCH MUSLIMS DUTCH ART 1 ART 7

Tolerance today

Arguments Pro-”multi-culti” Ultimate freedom Synergy No discrimination Anti-”multi-culti” People do not identify with new country Us – them: isolation Freedom of speech

Pro-”multi-culti”

Ultimate freedom

Synergy

No discrimination

Anti-”multi-culti”

People do not identify with new country

Us – them: isolation

Freedom of speech

Lessons to be learned? Pragmatic Liberalism Individual freedom is first priority Reaction to what was already happening Did not begin with the end in mind Chain effects were ignored/ fixed later Lenient laws do not automatically mean abuse Fine line tolerance/ liberal & indifference

Pragmatic Liberalism

Individual freedom is first priority

Reaction to what was already happening

Did not begin with the end in mind

Chain effects were ignored/ fixed later

Lenient laws do not automatically mean abuse

Fine line tolerance/ liberal & indifference

Discussion Should 1 or more laws be implemented in Japan? Could 1 or more laws be implemented in Japan?

Should 1 or more laws be implemented in Japan?

Could 1 or more laws be implemented in Japan?

Could? History? Existing situation? Pragmatic? Individual vs Collective?

History?

Existing situation?

Pragmatic?

Individual vs Collective?

Handout? www.slideshare.net search: “ progressive laws ”

www.slideshare.net

search: “ progressive laws ”