Implementation of Equality Law: A Task for Specialists or for Human Rights Experts? Experiences and Developments in the Supervision of Equality Law in the Netherlands
| Date | 01 September 2006 |
| DOI | 10.1177/1023263X0601300305 |
| Author | Jenny E. Goldschmidt |
| Published date | 01 September 2006 |
| Subject Matter | Article |
13 MJ 3 (2006) 323
IMPLEMENTATION OF EQUALITY LAW:
A TASK FOR SPECIALISTS OR FOR HUMAN
RIGHTS EXPERTS? EXPERIENCES AND
DEVELOPMENTS IN THE SUPERVISION OF
EQUALITY LAW IN THE NETHERLANDS
J E. G*
ABSTRACT
In this article a link is given between th e debates on the establishment of speci alised
bodies in the eld of equality law and those on national human rights institution s in the
Netherlan ds. e Equal Treatment Commission has now more than 10 years of experie nce,
enabling it to provide insights into the st rengths and weaknesse s of such bodies. In
particular, the power of the Commission to cons ider individual complaints has developed
into an authoritative core task that provide s materials for the exercise of other powe rs, e.g.
training and advice. However, the restricted m andate of the Commission risks diminish ing
the e ectiveness of its work. Current developme nts in the Netherlands to create a National
Human Rights Institution may in due course ll this gap and provide broader pe rspectives
for a more inclusive approach to human rights protection, inclu ding protection against
discrimination. Even when it can be he ld that the power to deal with individual complaints
is not absolutely necessary in the conte xt of a Human Rights Institution, it is equal ly
important that this power is retained in equality cases. More generally, protection against
discrimination will always need speci c attention in the protection of hum an rights.
Keywords: Human rig hts, Equality, Dutch equality law, Equalit y bodies
* Jenny Goldschm idt is Professor in Human Rig hts Law at the Netherlands’ In stitute of Human Rights
of Utrecht University.
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