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Tolerance and Pragmatism in the Netherlands: Euthanasia, Coffeeshops and Prostitution in the "Purple Years," 1994-2002

NCJ Number
204578
Journal
International Journal of Police Science & Management Volume: 5 Issue: 4 Dated: Winter 2003 Pages: 217-228
Author(s)
Francis Pakes
Date Published
2003
Length
12 pages
Annotation
This article discusses the causes and effects of the Netherlands' increased tolerance for certain lifestyles or life choices, notably euthanasia, prostitution, and the use of soft drugs.
Abstract
Euthanasia ("mercy killing") and assisted suicide have been recently codified in the Dutch Criminal Code to be allowed under law only under the supervision of a physician who must comply with strict criteria. Euthanasia or assisted suicide done outside of the specified legal parameters carries criminal penalties. Each act of euthanasia must be notified to a Euthanasia Review Committee, which determines whether or not legal parameters were followed. Since October 2000, those seeking to operate a prostitution business (brothel) can do this legally when certain criteria have been met. On the other hand, tougher sentences have been enacted for those who coerce people into prostitution or who are involved with the prostitution of under-aged individuals. The legalization of the business of prostitution comes in conjunction with a licensing regime. Regarding drugs, the possession, trade, and the import/export of both hard drugs and soft drugs are illegal. Possession of user-quantities of soft drugs is a misdemeanor; however, a complex system of controls is in place that effectively legalizes personal use of cannabis products. The aim of the control system is to separate the markets for hard and soft drugs at the user end of the market. Thus, soft-drug users should be able to obtain small quantities of cannabis without being exposed to harder drugs at the same time. The quasi-legal outlet for cannabis is called a "coffeeshop." Regulations strictly limit the amount of cannabis that can be sold to individual customers, and there can be no advertising, sale to minors (under age 18), no sale of alcohol, and a maximum of 500 grams held in stock. The legislative enactments in these three domains are all efforts to transform archaic legislation into policies that reflect changing trends in medical and legal practice. In many respects, the law attempts to apply certain parameters to behavior that is already occurring. The myriad of rules, guidelines, criteria, and policies that accompany the liberalization of euthanasia, prostitution, and the use of soft drugs are difficult to enforce; and at times they are inconsistent. The policies reflected in these laws are an attempt to be pragmatic about current social behaviors that reflect dominant public attitudes and behaviors. Also, some believe that punitiveness and repression by the state has been generally unacceptable following the Nazi occupation. 7 notes and 26 references

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