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Introduction

The information contained on this page represents the situation as of 1 January 2011 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Rikki Holtmaat
E-mail: rikki@rikkiholtmaat.nl

Country context

The Kingdom of the Netherlands has the highest population density in the European Union. Immigrants predominantly come from Turkey, Morocco, the Dutch Antilles (although, admittedly, people from the Dutch Antilles cannot really be described as ‘immigrants’) Surinam and Indonesia. The main religions are Roman Catholicism (about 30%), Protestantism (about 21 %), Islam (about 4%) and other religions (about 4%). About 40% of the population is not religiously affiliated.[1]

Main principles and definitions

The Dutch Equal Treatment Laws (GETA, DDA and ADA) cover the grounds mentioned in Article 19 TEU and some other grounds, like nationality and marital status.

Enforcing the law

Neither the GETA, nor the DDA or ADA contains compulsory judicial procedures. Normal civil or administrative procedures can be used to enforce the equal treatment standards. All of these procedures lead to a legally binding decision. In practice, the equality norm is in most cases enforced through a special low threshold procedure before the ETC.

Main legislation

International law:The Constitution bars the Dutch Supreme Court from exercising Constitutional review of formal statutory acts. However, the Netherlands adheres to a ‘monist theory’ of international law. This means that the Dutch courts can apply international standards of equal treatment and non-discrimination directly. (E.g. Article 26 ICCPR and Article 14 ECHR.)

Material scope

The GETA applies to the areas of employment and occupation, provision of goods and services (including education) and, only in the context of racial discrimination, the area of social security, social protection, and healthcare. All guarantees flowing from the Directives also apply in the area of the provision of goods and services. The DDA applies to employment, professional education, housing and primary and secondary education. In addition, the Act provides that on a date still to be determined by the legislator it shall also apply to the area of public transport. It is announced that this will happen in the Summer of 2011. The ADA is most limited in its material scope: it only applies to employment and employment related education. It is noted that until 1 January 2008 at the latest, the ADA shall not apply to the military service.

Equality bodies

The ETC is the main officially designated equality body (on the basis of article 13 of the Race Equality Directive). Its mandate covers conducting surveys and issuing reports and recommendations, but it does not cover the task of assisting victims of discrimination. This latter function is seen as contradictory to the main task of the ETC, which is to hear and investigate cases of (alleged) discriminatory practices or behaviours. This task takes most of the time and resources of the ETC.  (See above for a description of this role.)

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.