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1st UPR session
Date of review: 15 April 2008
Date of report adoption: 13 May 2008
Document number: A/HRC/8/31
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SUMMARY SOGIESC issues during Netherlands’ 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
2. The normative and institutional framework
2.1 Introduction
The Netherlands is also a good country to live in because we cherish our fundamental rights, which are firmly embedded in our legal system. Democracy, freedom of religion and association, freedom of expression, and the equality of all citizens regardless of their political convictions, religion, skin color, sex or sexual orientation are laid down as non-negotiable rights and obligations.
3. Promotion and protection of human rights on the ground
3.1. Equal treatment
3.1.1. Introduction
The Netherlands has a range of legislation applying the principles enshrined in article 1 of its Constitution. For example, the Equal Treatment Act, in effect since 1994, protects residents of the Netherlands from any form of discrimination on the grounds of religion, belief, political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status. At the same time as this Act entered into force in 1994, an Equal Treatment Commission was established to oversee its enforcement. Anyone who feels that he or she has been discriminated against can resort free of charge to the Commission, which decides whether the law has been broken. Only the courts have the power to make binding judgments, however. The Commission also makes solicited and unsolicited recommendations to legislators and can independently investigate alleged discrimination. [¼] The mechanisms whereby individuals can challenge discrimination are currently being strengthened. Local and regional antidiscrimination bureaus and the former National Bureau against Racial Discrimination have pooled their forces and expertise to form the new national association Art. 1.9 With this merger the Netherlands has acquired an instrument, unique in Europe, to prevent and combat discrimination on whatever grounds (sex, color, age, disability, belief, sexual orientation, etc.). With the local and regional antidiscrimination bureaus as members and the former National Bureau against Racial Discrimination as its national office, Art. 1 will make it possible to develop and share knowledge of discrimination and how to combat it. It will also improve the system for recording complaints at both national and local level. By 2009 the network of antidiscrimination bureaus to combat discrimination on any grounds whatever is planned to cover the entire country. Besides providing assistance to victims of discrimination, recording reports of discrimination will also be one of these bureaus’ central tasks. A public information campaign will be launched in 2009 to alert victims of discrimination to the possibility of filing reports.
5. Priorities
5.1. Integration
Fundamental rights play an important role in the expectations we should have of each other. Democracy, freedom of religion and association, freedom of expression and equality regardless of political convictions, race, sex or sexual preference are achievements we cherish, and the very reasons why many people came to our country in the first place. The Netherlands underscores that these freedoms are non-negotiable. Everyone living in the Netherlands should be aware of their fundamental rights and should reflect these rights in their dealings with others. Integration therefore also means living with these fundamental rights, which are the same for everyone.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
15. … Regarding the question by the United Kingdom on the involvement of civil society in the preparation of the national report, the State Secretary for Justice noted that the Government consulted over 20 organizations representing ethnic minorities, women, children, refugees, aliens, homosexuals, detainees and many more.
25. The United States of America referred to a recent poll suggesting that parts of the Dutch society have negative views of Islam. It further noted that Dutch Muslims often feel compelled to defend themselves against prejudices regarding their poor integration, a high level of criminal activity among Muslim youth, and views of conservative Muslims on women’s rights, homosexuality, and corporal punishment.
57. On issues relating to integration, the Netherlands have already been and are in the process of developing approaches to integration. The underlying concept is that the increasing diversity in Dutch society is a positive development but with strings attached. This means that people must respect freedom of religion, freedom of expression and equality of men and women. Criminal behaviour and discrimination against those of different beliefs, gender or sexual orientation or against those who have a different lifestyle will not be tolerated. The State Secretary of Justice said that integration is a two-way process, in which all citizens are expected to participate, with expectations of the receiving society.
V. Conclusions and/or recommendations
The Netherlands did not receive any recommendations on SOGIESC issues.
VI. Further information
You will find all documents relating to the Netherlands’ first review at UPR-Info and OHCHR’s websites.