Dutch disability discrimination law and further and higher education: A case study based on the Opinions of the Netherlands Institute for Human Rights

Abstract

Dutch legislation has prohibited disability discrimination with regard to post-secondary education since 2003, when the Equal Treatment of Disabled and Chronically Ill People Act came into force. The Act prohibits disability discrimination with regard to, inter alia, further and higher education. The Netherlands Institute for Human Rights (NIHR) plays an important role in interpreting and applying all Dutch equality legislation. It has a quasi-judicial task and, in this capacity, hears individual complaints and issues Opinions. The NIHR, and its predecessor, the Equal Treatment Commission, have issued numerous Opinions in the context of post-secondary education and (alleged) disability discrimination. For this reason, the Netherlands has been selected for a case study on disability discrimination in post-secondary education. This article examines 70 Opinions in this area and explores: whether individuals with particular forms of disabilities or chronic illnesses are over-represented in the cases brought; the main areas in which cases (alleging) disability discrimination in the context of post- secondary education have arisen; and the types of (alleged) discrimination which are at issue.