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General Law on equal treatment

Original Language Title: Algemene wet gelijke behandeling

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Law of 2 March 1994 laying down general rules for the protection against discrimination on grounds of religion, belief, political affiliation, race, sex, nationality, hetero-or homosexual orientation or marital status

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration the desireation of the desireation of the Article 1 of the Constitution , in order to promote participation in social life on an equal footing, to protect against discrimination based on religion, belief, political affiliation, race, sex, nationality, hetero-or homosexual orientation whether civil status, which is why it is desirable, subject to legal exceptions, to prohibit a distinction on those grounds and that, in order to maintain that prohibition, it is desirable to establish equal treatment for a Commission;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Equal treatment of persons irrespective of their religion, belief, political affiliation, race, sex, nationality, hetero-or homosexual orientation or marital status

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§ 1. General provisions

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Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Distinction: direct and indirect discrimination, as well as the assignment to that effect;

    • b. Direct distinction: if a person is treated in a different manner than another is, is or would be treated, on the grounds of religion, life conviction, political affiliation, race, gender, nationality, Heterosexstanding or homosexual orientation or marital status;

    • c. Indirect distinctions: if an apparently neutral provision, criterion or practice, persons with a particular religion, belief, political affiliation, race, sex, nationality, hetero-or homosexual orientation or civil society is particularly affected by comparison with other persons.

  • 2 Under direct discrimination on grounds of sex, a distinction shall be made on the basis of pregnancy, childbirth and maternity.


Article 1a

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  • 1 The prohibition of distinction laid down in this Act entails a prohibition of harassment and a prohibition of sexual harassment.

  • 2 Harassment as referred to in paragraph 1 shall be interpreted as meaning that the behaviour or behaviour of the kind used in the conduct of the Article 1, first paragraph, part b , relates and that has the purpose or effect of degrading the dignity of the person and creating a threatening, hostile, degrading, degrading or offensive environment.

  • 3 Sexual Harassment referred to in paragraph 1 shall be understood to mean any verbal, non-verbal or physical conduct with a sexual connotation that has as its object or effect the dignity of the person, in particular, where a threatening, hostile, degrading, humiliating or offensive environment is created.


§ 2. General exceptions

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Article 2

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  • 1 The prohibition of distinction laid down in this Act does not apply to indirect discrimination where that distinction is objectively justified by a legitimate aim and the means for achieving that objective are appropriate and necessary.

  • 2 The prohibition of discrimination based on sex, as laid down in this Act, does not apply:

    • a. in cases where the sex is decisive and

    • b. In cases in which it concerns the protection of women, particularly in relation to pregnancy and maternity.

  • 3 The prohibition of distinction laid down in this Act does not apply if the distinction is a specific measure designed to give women or persons belonging to a particular ethnic or cultural minority a privileged position to know in order to eliminate or reduce actual disadvantages linked to the grounds of race or sex, and the distinction is reasonably proportionate to that purpose.

  • 4 The prohibition on racial discrimination laid down in this Act does not apply to:

    • a. In cases where external characteristics related to the variety of a person are determinable, provided that the purpose is legitimate and the requirement is proportionate to that objective;

    • b. if the distinction relates to outward features associated with the variety of a person and because of the nature of the particular professional activity concerned or the context in which it is exercised, a substantial and decisive professional requirement, provided that the objective is legitimate and the requirement is proportionate to that objective.

  • 5 The prohibition on the distinction based on nationality laid down in this Act does not apply:

    • a. if the distinction is based on generally binding rules or written or unwritten rules of international law and

    • b. In cases where nationality is decisive.

  • 6 In the case of a general measure of management, the component shall be the second, fourth and fifth subparagraphs. B Specified cases specified.


Article 3

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This law shall not apply to:

  • a. legal relations within denominations as well as their independent parts and bodies in which they are united, as well as within other societies on spiritual basis;

  • b. the spiritual office.


Article 4

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This law shall be without prejudice to:


§ 3. Provisions in the field of employment and freedom of appeal

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Article 5

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  • 1 Discrimination is prohibited from:

    • a. the offer of a relationship and the treatment in the performance of an outstanding relationship;

    • b job placement;

    • c. entering and terminating an employment relationship;

    • (d) the creation of an official and the termination of the service of an official;

    • Conditions of employment;

    • f. to be followed by education, training and training during or prior to an employment relationship;

    • g. Promotion;

    • h. Working conditions.

  • 2 The first paragraph shall be without prejudice to:

    • a. an institution on religious or philosophical basis;

    • b. an institution of special education; or

    • c. an institution on a political basis;

    for persons who are employed for the purpose of distinguishing it on grounds of religion, belief or political affiliation, in so far as these characteristics are due to the nature of the particular professional activity or the context in which it is concerned the exercise is a substantial, legitimate and legitimate professional requirement, having regard to the basis of the institution. Such a distinction must not go beyond what is appropriate, having regard to the attitude of good faith and loyalty to the basis of the institution which may be required of the persons employed to it, and must not lead to a distinction between other Member States. in Article 1 Said land, without prejudice Article 2, first paragraph .

  • 2a The first paragraph shall also be without prejudice to the freedom of communes to differentiate on grounds of religion or belief in respect of an official or an extraordinary civil servant of the civil status which is in the performance of his duties A distinction shall be made, unless the distinction it has made is based on a general binding requirement.

  • 3 The first paragraph shall not apply where:

    • a. The working relationship has a private character;

    • b. the difference in treatment is based on an attribute which is related to religion, belief, political affiliation, race, sex, nationality, hetero-or homosexual orientation or marital status; and

    • c. constitutes an essential and determinable professional requirement due to the nature of the particular professional activity concerned or the context in which it is exercised, provided that the objective is legitimate and the requirement is proportionate to that objective.

  • 4 The first paragraph shall not apply to requirements relating to the political affiliation which may be reasonable in relation to the performance of functions in administrative bodies and advisory bodies.

  • 5 The first paragraph shall not apply to requirements relating to the political affiliation which may be reasonably claimed in relation to the fulfilment of trust functions.


Article 6

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A distinction shall be prohibited with regard to the conditions of and access to the profession and the possibilities for the exercise and development of the profession within the scope of the free appeal.


Article 6a

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  • 1 Discrimination is prohibited in the case of membership or involvement in an employer or employee organisation or association of professionals, as well as the benefits resulting from membership or from that involvement.

  • 2 The first paragraph shall be without prejudice to:

    • a. organisation or association based on religious or philosophical basis; or

    • b. an organisation or association based on political basis,

    for persons who may, by membership or otherwise, make a distinction on the basis of religion, belief or political affiliation to the person concerned, to the extent that, due to the nature of the involvement or the involvement of the person concerned, such affiliation context in which specific activities are carried out, a substantial, legitimate and justified requirement, having regard to the basis of the organisation or association. Such a distinction must not be further than appropriate, having regard to the attitude of good faith and loyalty to the basis of the organisation or association which may be required of the persons concerned, and must not lead to a distinction of a kind which may be Other Article 1 Said land, without prejudice Article 2, first paragraph .


§ 4. Other social and economic provisions

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Article 7

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  • 1 Discrimination is prohibited in the provision or provision of access to goods or services and in the conclusion, execution or termination of contracts in this respect, as well as in the provision of career guidance and advice or guidance on school- or professional choice, if this is done:

    • a. in the exercise of an occupation or business;

    • b. by the public service;

    • c. by institutions working in the field of population housing, welfare, health care, culture or education or

    • d. by natural persons who do not act in the exercise of an occupation or business, to the extent that the offer is made in public.

  • 2 The first paragraph, section c, shall be without prejudice to any establishment of special education in the admission and participation in education to make distinctions on the basis of religion, belief or sex, to the extent that such education is characteristics, due to the nature of the education, to constitute a substantial, legitimate and justified requirement, having regard to the basis of the institution. Discrimination on grounds of sex is permitted only if equivalent provisions are available to pupils of both sexes. Such a distinction must not go beyond what is appropriate, having regard to the attitude of good faith and loyalty to the basis of the institution which pupils may be required to be required to distinguish and not to distinguish between others. Article 1 Said land, without prejudice Article 2, first paragraph .

  • 3 The first paragraph, points (a) and (d) shall not apply where:

    • a. The legal relationship is of a private nature;

    • b. the difference in treatment is based on an attribute which is related to religion, belief, political affiliation, sex, nationality, hetero-or homosexual orientation or marital status; and

    • c. the difference in treatment by a legitimate purpose is justified and the means for achieving that objective are appropriate and necessary.


Article 7a

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  • 1 Without prejudice Article 7 Discrimination on the grounds of race is prohibited by social protection, including social security, and social benefits.

  • 2 The concepts of social protection, social security and social benefits referred to in paragraph 1 of this Article may be defined by a general measure of management. The nomination for a general measure of directors to be adopted in accordance with the first sentence shall be submitted not earlier than four weeks after the draft has been submitted to both Chambers of the States General.


§ 5. Protection and enforcement

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Article 8

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In the event of an end to the employment relationship by the employer contrary to Article 5 , or due to the fact that the worker has lodged an appeal in or out of court on Article 5 or has granted assistance in the matter, is Article 681 of Book 7 of the Civil Code applicable mutatis mutandis.


Article 8a

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  • 1 It is prohibited to disadvantage persons because of the fact that they have lodged an appeal in or out of legal proceedings under this law or have been granted assistance in this respect.


Article 9

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Clauses in violation of this law are null and void.


Article 10

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  • (1) If the person who considers that his disadvantage is a distinction or is made as referred to in this Law, submits in legal facts that such distinction may be presumed, the other party must prove that it has not been in breach of that law.

Chapter 2. The Committee on Equal Treatment [ Vertraps per 01-10-2012]

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Article 11 [ Expired by 01-10-2012]

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Article 12 [ Expired by 01-10-2012]

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Article 13 [ Verfall by 01-10-2012]

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Article 14 [ Verfall by 01-10-2012]

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Article 15 [ Expired per 01-10-2012]

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Article 16 [ Expired by 01-10-2012]

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Article 17 [ Expired by 01-10-2012]

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Article 18 [ Expired by 01-10-2012]

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Article 19 [ Expaed by 01-10-2012]

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Article 20 [ Expade-by-01-10-2012]

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Article 21 [ Expaed by 01-10-2012]

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Chapter 3. Final provisions

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Article 22 [ Exp. by 01-09-1994]

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Article 23 [ Exp. by 01-09-1994]

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Article 24 [ Expaed by 01-01-2005]

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Article 25 [ Expired by 01-04-1997]

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Article 26 [ Expired per 01-01-2005]

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Article 27 [ Verfall by 01-01-2005]

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Article 28 [ Verfall by 01-01-2005]

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Article 29 [ Verfall by 01-01-2005]

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Article 30 [ Exchanges by 05-05-1995]

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Article 31 [ Expaed by 01-01-2005]

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Article 32 [ Expaed by 01-01-2005]

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Article 33 [ Expired by 01-10-2012]

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Article 34

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This Act shall enter into force with effect from the first day of the sixth calendar month following the date of issue of the State Sheet where it is placed. A royal decree may establish an earlier date of entry into force.


Article 35

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This law is cited as: General law equal treatment.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 2 March 1994

Beatrix

The Minister of the Interior,

E. of Thijn

The Minister of Justice,

E. M. H. Hirsch Ballin

The Secretary of State for Social Affairs and Employment,

J. Wallage

The Minister of Education and Science,

J. M. M. Ritzen

The Minister for Welfare, Health and Culture,

D' Ancona

Issued the thirty-first March 1994

The Minister of Justice, a.i.,

E. of Thijn