General legal framework

• Author: Marlies Vegter
• Pages: 7-7

7

2General legal framework

2.1Constitution

2.1.1Constitutional ban on sex discrimination

Article 1 of the Constitution of the Netherlands stipulates that the Government must treat

all citizens equally and forbids discrimination on, inter alia, the ground of sex.

2.1.2Other constitutional protection of equality between men and women

The Constitution contains no other articles pertaining to equality between men and women.

2.2Equal treatment legislation

The Netherlands has specific equal treatment legislation in regard to sex discrimination.

Article 5 of the GETA4 forbids discrimination in the field of employment, Article 6 GETA in

the field of the liberal professions, Article 6a GETA in the area of associations of employers,

employees and in professional organisations, Article 7 in the field of goods and services

and Article 7a in the area of social protection, including social security and social

advantages. The Act on Equal Treatment of Men and Women (ETA)5 prohibits sex

discrimination in the field of employment and pensions, both in the private and in the

public sector. Article 7:646 of the Dutch Civil Code specifically prohibits sex discrimination

in the private sector.

The GETA also prohibits discrimination on other grounds: race/ethnic origin,

religion/beliefs, political affiliation, nationality and marital status. The Equal Treatment Act

on the Ground of Age6prohibits age discrimination and the Equal Treatment Act on the

Grounds of Disability or Chronic Illness7forbids discrimination on these grounds. The Dutch

Civil Code contains specific articles that relate to discrimination on the grounds of full-time

or part-time work (Article 7:648) and the temporary character of an employment

agreement (Article 7:649).

4General Equal Treatment Act (Algemene Wet Gelijke Behandeling), 1994 Stb. 1994, 230.

5Act on Equal Treatment of Men and Women (Wet Gelijke Behandeling van mannen en vrouwen), 1980 Stb.

1980, 86.

6Equal Treatment Act on the Ground of Age (Wet Gelijke Behandeling op grond van leeftijd), 2003Stb.

2004, 30.

7Equal Treatment Act on the Grounds of Disability or Chronic Illness (Wet Gelijke Behandeling op grond van

handicap of chronische ziekte), 2003 Stb. 2003, 206.