Abstract

Abstract This article explores the legal redress available to victims of racial discrimination in the Netherlands. A brief outline of the ethnic minority presence in the Netherlands precedes an overview of the most significant of the international treaties on human rights to which the Netherlands is party. By way of national law, the Dutch Constitution establishes the principle of equal treatment and non‐discrimination while the Criminal Code penalises racial insult, incitement to xenophobia and discrimination on grounds of race. The number of discrimination cases brought through the Criminal Code is as yet modest, numbering 99 in 1992. It is noteworthy that on two occasions plaintiffs whose discrimination cases had been unsuccesful in Dutch criminal proceedings, were successful when handled through the ICERD individual complaint procedure. The article discusses the Aliens Act and evaluates a draft bill on equal treatment, which is hoped will be in force by mid 1994. An overview of the various agencies dealing with discrimination issues is also provided.

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