Tech & Rights

'Give Higher Priority to Human Rights in the Netherlands'

The Dutch government should take human rights seriously and not take action only after it's been reproached by a judge. This is the opinion of the Netherlands Institute for Human Rights in its Annual Status Report 2014.

by PILP

The Netherlands Institute for Human Rights urges the Dutch government to always actively promote human rights. It does so in the context of the publishing of Human Rights in The Netherlands - Summary and Recommendations of the Annual Status Report 2014 on May 12.

The institute makes over 40 recommendations to improve the human rights situation in the Netherlands. From a country that gives high priority to human rights, the institute expects it to also continuously set high standards in this area on home territory. Nevertheless, the Dutch government regularly curbs human rights and postpones required actions to improve them without its considerations being visible to the public.

Too often the government only takes serious action once it has been reproached by different entities over situations that are unacceptable from a human rights point of view. The safety of citizens in the Groningen earthquake zone, the reception of people without valid residency status and the large-scale collection and storage of communications data are three such examples.

"Human rights are minimum standards a country should comply with in order for everyone on its territory to live in dignity. Many things in the Netherlands are of course very well arranged. But it can and really has to be better. Human rights apply to every human being, also when it’s tough to stand up for yourself," the president of the institute, Laurien Koster, states.

Ensuring good legal protection

Several laws and legislative proposals in the Netherlands give ministers and mayors the opportunity to take measures without the need for prior judicial review to determine whether those measures are justified. Think of searches of premises, the withdrawal of citizenship or travel bans. Those who suffer the consequences may go to court after it happened, but then the harm has already been done.

In this way, the government evades a stronger legal protection whereby a judge reviews whether or not the imposition of certain measures is justified. Once an infringement of, say, one's privacy has been committed, it's irreversible. That's exactly why it's important that a judge equally considers all interests, to make sure the interests of the individual are not put aside too easily. A judge may also decide whether or not it's justified to constrain a human right in a specific case.

The Dutch Caribbean

The Netherlands comprises the European Netherlands and the Caribbean Netherlands: Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba. On these islands, a large part of the population struggles to make ends meet. The cost of living is so high that even the employed live in poverty. Furthermore, the Dutch government postpones the implementation of the Istanbul Convention in the Caribbean Netherlands. This convention is about the elimination of all forms of violence against women and domestic violence. The reason for the postponement is the seriousness and extent of the problem in the Caribbean Netherlands.

People with disabilities

People with disabilities are still largely unable to participate in all areas of social life. The UN Convention on People with Disabilities should provide a new impulse to change this. The Netherlands was set to approve this convention in 2015, but the Council of Ministers of the Netherlands has sent its implementation plan back to the drawing board. Now it’s unclear whether approval in 2015 is still feasible.

Meanwhile, people with disabilities are still not always able to live, travel or enter public buildings on their own. The Netherlands Institute for Human Rights therefore recommends that the government swiftly takes measures in consultation with interest groups to make this possible. This obligation is already in place.

Knowledge is fundamental

Knowledge of human rights is fundamental in different social areas. Decentralization has direct consequences for people and their rights, and yet this knowledge is absent with municipalities. Furthermore, not all schools educate their students about sexuality and sexual diversity, even though this is mandatory. Knowledge about the rights of children and about human rights in general is altogether absent with students.

The Netherlands doesn’t live up to the obligation to make sure that students learn about and understand human rights. It’s up to the government to set the right example by providing training sessions to professionals, starting with public officials so that they know about human rights and apply this knowledge in their work.

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