Introduction

• Author: Marlies Vegter
• Pages: 5-6

5

1 Introduction

1.1 Basic structure of the national legal system

The Netherlands is a civil-law country. Its laws are written. The role of case law is small

in theory, but in practice it is impossible to understand the law in many fields without

taking into account the relevant case law. The primary law-making bod y is formed by the

Dutch Parliament in cooperation with th e Government. When operating jointly to create

laws, they are commonly referred to as the legislature.

The Dutch court system consists of va rious types of courts. At first instance, judgments

are rendered by what a re simply called ‘the courts’ (the ordina ry courts). Appeals arising

from the judgments of the (ordinary) courts can be brought before the appeal courts. At

the t op of the hierarchy is the Dutch Sup reme Court (Hoge Raad). With in the courts a

distinction is mad e between criminal law, civil law and a dministrative law. In addition,

there are specific courts for administrative cases on appeal from the ordinary courts. These

courts ar e the Central Appeals Tribunal (Centrale Raad van Beroep) and the Council of

State, Administrative Jurisdiction Division (Raad van State, Afdeling Bestuursrechtspraak).

1.2 List of main legislation transposing and implementing the directives

- Act on the Institute for Human Rights.1 This Act has partly been enacted to

implement Resolution A/RES/48/134 of the Gen eral Assembly of the United Nations

of 20 December 1993 on national institutes for the promotion and protection of

human rights; Recommendation R (97) 14 of the Committee of Ministers o f the

Council of Europe of 30 September 1997 on the establishment of independent

national human rights bodies; Directive 2000/43/EC on equal treatment on the basis

of race or ethnic origin; Directive 2004/113/EC on equal treatment of men and

women in the access to and supply of goods and services; and Directive 2006/54/EG

on equal treatment of men and women in matters of employment and occupation.

- General Equal Treatment Act (GETA) .2 The GETA aims to implement Article 1 of the

Dutch Constitution (the principle of equal treatment). Furthermore, parts of the GETA

aim to implement EU law. Article 1a on harassment, for example, transposes

Directive 2004/113; Article 6a on membership of employers’ organisations and trade

unions transposes (in part) Directive 2000/78; Article 7a on social protection aims

to implement the Directive on Race/ethnic origin (2000/43); Article 8a on

victimisation t ransposes Directive 2000/78; and Articl e 10 on the burden of proof

also aims to implement Directive 2000/78.

- Act on Equal Treatment of Men and Women (ETA).3 This Act was adopted in order to

transpose Directive 76/207 on equal treatment of men and women. In 2006 the ETA

was modified in order to transpose Directive 2002/73/EC.

- Civil Code, Article 7:646 (prohibiting sex discrimination in employment relationships)

and Article 7:670(2) (prohibiting the termination of the employment relationship

during pregnancy, maternity leave and six weeks after resuming work). Article 7:646

was adopted in order to transpose Directive 76/207 and was later revised in order

to transpose Directive 2002/73.

1.3 Sources of law

The main sources of gender equality law in the Netherlands a re:

- The Convention on the Elimination of all Forms of Discrimination Against Women

(CEDAW). CEDAW does not have direct effect as a whole, but courts have ruled that

1 Act on the Institute for Human Rights (Wet College Rechten voor de Mens), 2012 Stb. 2011, 573.

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

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

1980, 86.