Constitution, Article 1

“All who are in the Netherlands shall be treated equally in equal cases. Discrimination because of religion, belief, political affiliation, race, gender, disability, sexual orientation or on any other ground is not permitted.”

This article primarily addresses the government. The government may not discriminate.

Equal treatment legislation

Article 1 of the Constitution is elaborated in other laws, which together constitute the equal treatment legislation:

• General Equal Treatment Act (AWGB), protects individuals who are discriminated against based on: religion/belief, political affiliation, race/origin, nationality, marital status, gender and sexual orientation;
• Equal Treatment on the Basis of Disability or Chronic Illness Act (WGBH/CZ);
• Age Equal Treatment Act (WGBL);
• Gender Equality Act (WGB);
• Work Hours Discrimination Act (WOA);
• Fixed and indefinite term distinction law (WOBOT);
• Fixed and indefinite term civil service distinction law (also WOBOT);
• Articles 7:646 to 7:649 of the Civil Code: relate to the employment contract and protect the reporter from victimization;
• Articles 125g and 125h of the Civil Service Act: relate to employment contracts with civil servants.

Criminal Law

Article 90quater Sr provides a general definition of discrimination for the Criminal Code.

The criminal code criminalizes certain forms of discrimination, known as discrimination offenses:

• Incitement to hatred, discrimination or violence (art. 137d);
• Insulting a group in public (art. 137c);
• Disclosure and distribution of material with discriminatory content (art. 137e);
• Participation or support of activities/organizations aimed at discrimination (art. 137f);
• Intentionally discriminating against persons because of their race in the exercise of an office, profession or business (art. 137g);
• Discriminating in the exercise of an office, profession or business because of race, religion, belief, sex or heterosexual or homosexual orientation (art. 429quater).

In addition to these acts of discrimination, there is also talk of “common offenses,” such as insulting a police officer, “with a discriminatory aspect”; the insult is then about the officer’s skin color, for example. The discriminatory aspect may count as an aggravating circumstance.

See also: the Penal Code (WvSr).

 

International law

International law concerns rules that governments must abide by and does not apply to citizens among themselves. From the UN, we are familiar with the Universal Convention on Human Rights (UDHR). This treaty was adopted in 1948 and the first international affirmation that human rights are universal. The UDHR is not legally binding. Nonetheless, it is so often referred to in other instruments that its contents have largely been made legally binding.

In addition to the UDHR, the UN has a further nine core conventions in which the various human rights are housed in more detail:

• International Covenant on Civil and Political Rights (ICCPR).
• International Covenant on Economic, Social and Cultural Rights (ICESCR).
• International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
• International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, or Women’s Convention).
• Convention Against Torture and Other Cruel, Inhuman or Degrading Forms of Punishment (CAT).
• International Convention on the Rights of the Child (CRC, or Convention on the Rights of the Child).
• International Convention Against Enforced Disappearances (CED).
• Convention on the Rights of Persons with Disabilities (CRPD).
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW).
  The CMW has not (yet) been signed by the Netherlands.

The Council of Europe has also established some conventions and rules that every member state (of the Council and/or the European Union) and European institution must abide by, and in which the issue of discrimination is contained. Of these, the most well-known is the European Convention on Human Rights (ECHR). This convention deals with fundamental freedoms and the prohibition of discrimination.

In addition, the European Union has several regulations to combat and prevent discrimination, found in the Treaty on the Functioning of the European Union (TFEU), the Treaty on European Union (TEU) and Charter of Fundamental Rights of the European Union.

 

Municipal Anti-Discrimination Provisions Act (WGA)

A municipality must offer residents access to an anti-discrimination facility for independent assistance in resolving their complaints of discrimination.