Key Benefits:
Law of 24 November 2011, establishing the College of Human Rights (Law College for Human Rights).
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 considered that it would be desirable to protect human rights, including the right to equal treatment, and to promote their observance in the Netherlands and also to ensure that they do so in the Netherlands and in the implementation of the Resolution A/RES/48/134 of the General 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 the Ministers of the Council of Europe of 30 September 1997 on the establishment of independent national human rights institutes, Directive No 2000 /43/EC of the Council of the European Union of 29 June 2000 on the application of the principle of equal treatment between persons irrespective of racial or ethnic origin (PbEG L 180), Directive No 2004 /113/EC of the Council of the European Union of 13 December 2004 applying the principle of equal treatment for men and women in the access to and supply of goods and services (PbEU L 373), and Directive No 2006 /54/EC of the European Parliament and the Council of the European Union of 5 July 2006 on the application of the principle of equal opportunities and equal treatment for men and women in employment and occupation (recast) (PbEU L 204), a national the establishment of the Human Rights Institute, which is also responsible for the protection of the right to equal treatment and that it is also responsible for the protection of the rights of the human rights institution. Article 79 of the Constitution necessary to lay down legal provisions to that end;
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:
1 There is a College for the Rights of Man, hereinafter referred to as: College.
2 The College is the National Institute of Human Rights referred to in Resolution A/RES/48/134 of the United Nations General Assembly of 20 December 1993 on National Institutes for the Promotion and Protection of Rights. of the human and human rights groups, and in Recommendation R (97) 14 of the Committee of Ministers of the Council of Europe of 30 September 1997 on the establishment of independent national human rights institutes.
3 The aim of the College is to protect human rights, including the right to equal treatment, in the Netherlands, to raise awareness of these rights and to promote compliance with these rights.
This Act, with the exception of Chapter 2 , it shall also apply in the public entities Bonaire, Sint Eustatius and Saba, except that: Article 3 (a) , is read as follows:
(a) conduct of research into the protection of human rights;
The task of the College is:
a. doing research on the protection of human rights, including examining whether a distinction is or is made and giving judgment on it, intended to be considered. Article 10 ;
(b) reporting and making recommendations on the protection of human rights, including annual reporting on the human rights situation in the Netherlands;
c. the giving of advice, intended Article 5 ;
d. to provide information and to stimulate and coordinate education on human rights;
(e) encouraging research into the protection of human rights;
f. structurally cooperate with civil society organisations and with national, European and other international institutions that are concerned with the protection of one or more human rights, including through the organisation of activities in cooperation with civil society organisations;
(g) to encourage the ratification, implementation and compliance of conventions on human rights and to encourage the abolition of reservations of such conventions;
(h) to encourage the implementation and enforcement of binding decisions of international organisations on human rights;
(i) to encourage compliance with European or international recommendations on human rights.
The College fulfils its task of independence.
1 The College advises upon written request by our Minister, who is it or one of the Chambers of the States-General on laws, proposals of law, general measures of management, draft general measures of administration, Ministerial arrangements and drafts of ministerial arrangements which directly or indirectly concern the rights of man.
2 The College may, on its own initiative, advise the Secretary of State or any of the Chambers of the States-General on laws, proposals of law, general measures of management, draft general measures of administration, ministerial order, arrangements and drafts of ministerial arrangements which directly or indirectly concern the rights of man.
(3) The College may, upon written request or on its own initiative, a governing body to advise, or one of the Chambers of the States-General, on draft binding decisions of European and other international institutions which are directly or indirectly related to human rights and policies directly or indirectly related to human rights.
4 The College may, upon written request or on its own initiative, advise a governing body advising it of any other general binding rules other than those referred to in the first paragraph which directly or indirectly concern human rights, and design thereof.
1 The College and persons appointed for that purpose by the College shall be entitled to request all information and records which are reasonably necessary for the performance of the duties of the College.
2 Any person shall be required to provide the information and documents requested in accordance with paragraph 1 in full and in truth, in the manner and within the time limit by or on behalf of the College.
3 The second paragraph shall not apply in so far as the information and documents of which the provision is contrary to the interests of national security or a breach of an official or professional secrecy entails. Furthermore, if a person or himself or one of his blood or relatives in the straight line or on the sidelines in the second or third grades or his spouse or previous spouse or registered partner, this obligation does not apply to that obligation. that would expose previous registered partner to the danger of criminal conviction in relation to a criminal offence.
1 The College may carry out an on-the-spot investigation. It shall have access to any place, with the exception of a dwelling without the permission of the occupant, to the extent that it is reasonably necessary for the performance of its task.
2 The first paragraph shall not apply to places which have been designated as prohibited by the Protection of State Secrets Act .
1 The studies, reports and recommendations referred to in Article 3 (a) and (b) , and the opinions referred to in Article 5 , shall be made public by the College.
2 Our Secretary of State shall give the College the opportunity to discuss the investigations, reports, recommendations and opinions with him.
Within the College, a department shall be responsible for the performance of the task referred to in this Chapter.
1 The College may examine in writing whether a distinction is or is made as intended in the General Law on equal treatment , the Equal treatment of men and women or Article 646 of Book 7 of the Civil Code And make his judgment on that. In addition, the College may, on its own initiative, examine whether such distinction is made systematically and make its opinion known.
2 A written request as referred to in paragraph 1 may be made by:
a. The person who considers that to his detriment is a distinction or is made as intended in the General Law on equal treatment , the Equal treatment of men and women or Article 646 of Book 7 of the Civil Code ;
b. the natural person, legal person or empowered authority, who wish to know if they make a distinction as intended in the General Law on equal treatment , the Equal treatment of men and women or Article 646 of Book 7 of the Civil Code ;
c. the person in charge of the decision on a dispute concerning distinction as intended in the General Law on equal treatment , the Equal treatment of men and women or Article 646 of Book 7 of the Civil Code ;
(d) a works council, which considers that, in the undertaking for which it is set up, a participation body comparable to that works council, which means that in the organisational structure for which it is set up, it is A distinction is made as intended in the General Law on equal treatment , the Equal treatment of men and women and in Article 646 of Book 7 of the Civil Code ;
e. an association with full jurisdiction or foundation, representing, in accordance with its statutes, the interests of those in whose protection the General Law on equal treatment , the Equal treatment of men and women or Article 646 of Book 7 of the Civil Code is intended to provide.
3 In the case of a written request referred to in paragraph 2 (d) and (e), to the detriment of who was to have acted, or if an inquiry has been initiated by its own movement, relates to such persons, it shall be such as to College these persons informed of the intention to investigate. The College does not have the power to engage in the investigation and the assessment of persons referred to in the first sentence which have stated in writing that they have reservations.
1 The College shall review and give its opinion in writing and reasoned opinion to the applicant, of the person who would make the distinction, and, where appropriate, of the person to whom the distinction would be made.
2 The College may make recommendations to the person who would make the distinction.
(3) The College may inform our Ministers of Ministers, of whom it considers eligible organisations of employers, of workers, of working life or of public servants, of end-users of goods. or services and of relevant consultation bodies.
1 The College shall not examine or terminate the investigation if:
a. In Article 10, second paragraph , the request referred to is manifestly unfounded;
(b) the applicant's interest or the weight of the conduct is manifested insufficient;
c. since it was in Article 10 That distinction has expired in such a way that no further investigation can be carried out.
If cases referred to in paragraph 1 arise, the College shall give a written and reasoned statement to the applicant.
1 The College may claim in law that a practice which is contrary to the General Law on equal treatment , the Equal treatment of men and women or Article 646 of Book 7 of the Civil Code it is declared illegal, that it is prohibited or that an order is given to reverse the effects of that conduct.
2 A conduct cannot be based on a claim referred to in paragraph 1, in so far as the person affected by the conduct of the conduct is concerned.
1 The College shall consist of at least nine Members and a maximum of 12 members, including a President and two Vice-Presidents. In addition, alternate members may be appointed.
2 The President and one of the Vice-Presidents meet the requirements for required judicial officers, set up by or pursuant to Article 5, first and second paragraphs, of the Law on the legal position of judicial officers . In special cases of the first sentence of the first sentence, the appointment of the President of the College may be made in exceptional cases.
The College shall be represented by the President or, in the absence of a Vice-President, in his absence.
1 There is a Board of Opinion. The Board advises the College each year on the proposed College Policy Plan, and advises Our Minister of Security and Justice on the appointment of the members and deputy members of the College.
2 The Council consists of the National Ombudsman, the President of the College of Protection Personal Data, the President of the Council before the Court and a minimum of four and a maximum of eight members of civil society organisations representing the protecting one or more human rights, from employers 'and workers' organizations and from the circles of science.
3 The members of the Board, with the exception of the National Ombudsman, the President of the College Protection Personal Data and the President of the Council for Justice, are appointed, suspended and dismissed by Our Minister of Security and Justice in accordance with our Minister of the Interior and Kingdom Relations, heard the College, the National Ombudsman, the President of the College Protection Personal Data and the President of the Council for the Justice Department. These members shall be appointed for a maximum period of four years. Reappointment may take place once for a maximum period of four years.
4 Members elect a chairman from among their members. The Council shall determine its own rules of operation.
5 Article 13 of the Framework Law on self-employed administrative bodies shall apply mutatis mutandis to the members of the Board.
1 The members and alternate members of the College shall be appointed by royal decree, upon a proposal from our Minister for Security and Justice.
2 For the nomination, the Board recommends in agreement with the College Our Minister of Security and Justice, taking into account the need for an expert and independent College, as well as with the pursuit of a diverse Composed College.
3 A vacancy for a member or an alternate member and the selection procedure to be followed shall be made public by the College. The College and the Council shall also bring the vacancy to the attention of civil society organisations which are concerned with the protection of one or more human rights.
1 The Articles 46c , 46d, second member , 46f , 46g , 46h, first and second members , 46i, with the exception of the first paragraph, , 46j , 46l with the exception of the first paragraph, part c , 46m , 46n , 46o and 46p of the Law on Civil Law shall apply mutatis mutandis to the members and alternate members of the College, subject to the following conditions:
a. the disciplinary measure, referred to in Article 46c, first paragraph The President of the Court of Justice, the President of the Court of Justice, the President of the Court of Justice, and the other members and alternate members, shall be imposed by the President of the Court of Justice;
b. In Article 46c, first paragraph, part b , prohibit the said prohibition in any maintenance or conversation with parties or its lawyers or agents or hire any special information or written piece of them not on the members and deputy members of the College of the European Union. application;
c. in the Articles 46j and 46o, second member 'functional authority' means the president of the College.
2 The appointment of the members and alternate members shall be made for a period of not more than six years. Reappointment is possible immediately.
3 Without prejudice Article 9 of the Framework Law on independent administrative bodies in the case of appointment as a member or alternate member, officials operating under the responsibility of one of these Ministers shall not be eligible.
4 Article 13 of the Framework Law on self-employed administrative bodies shall apply mutatis mutandis to the deputy members of the College.
5 Without prejudice Article 14, second paragraph, of the framework law on self-governing bodies shall be subject to general rules of administration in accordance with the rules governing the status of the members, including in any case rules on their swearing-in, holidays, leave, occupational health guidance and disease-related provisions; incapacity for work, and detailed rules on the legal position of the alternate members may be laid down.
The Articles 13a to 13g of the Law of the Judiciary shall be applicable, mutatis mutandis, to conduct of the members and alternate members of the College, subject to the following:
(a) for the corresponding application of those articles under the term "the judicial authority concerned" shall mean the President of the College;
b. for the corresponding application of Article 13b, first paragraph, parts b and c , under ' in accordance with Article 26 or 75 A complaint ' shall mean a complaint.
1 In support of its task, the College shall be at the service of the College.
2 Staff members shall be appointed by the College, assisted, disciplinary penalties, suspended and dismissed.
3 In respect of the officials belonging to the Agency, the Civil Service Act exercise of powers conferred on the competent authority by the College.
4 In the case of, or under general management, detailed rules shall be laid down concerning the exercise of legal status by the College in respect of the officials belonging to the Office.
In the case of a general measure of management, detailed rules on the operation of the section shall be laid down. Article 9 Including, in any case, rules concerning:
a. method of treatment;
b. hearing and rehearing;
c. the public access to plenary sessions.
1 The Articles 12 and 21 of the Framework Law on self-employed administrative bodies are not applicable.
2 By way of derogation from Article 20 of the Framework Law on independent administrative bodies The College is not obliged to provide our Ministers of Internal Affairs and Kingdom Relations and of Security and Justice intelligence or to disclose information and documents relating to content and handling of information and information. ongoing investigations of the College as referred to in Article 3 (a) , and Article 10 .
3 By way of derogation from Article 22 of the Framework Law on independent administrative bodies may Our Ministers of Internal Affairs and Kingdom Relations as well as of Security and Justice a decision of the College that relates to the research or judgment, intended in Article 10 -Don't destroy it.
1 Without prejudice Article 18 of the Framework Law on independent administrative bodies the annual report shall contain a summary of:
(a) the examinations made by the College in the previous year;
(b) the opinions adopted by the College in the previous year;
c. the other activities carried out by the College in the performance of its task.
2 The annual report shall be made public. The College also sends this report to the National Ombudsman, the College of Personal Data Protection, civil society organisations, who are responsible for the protection of one or more human rights and other advisory bodies.
The College shall draw up a report every five years of its findings regarding operation in the practice of this law, the General Law on equal treatment , the Equal treatment of men and women and Article 646 of Book 7 of the Civil Code . The College sends this report to Our Minister of the Interior and Kingdom Relations.
Our Minister of Home Affairs and Kingdom Relations shall send as soon as possible after receipt of the Article 22 The report to the States-General, a report on the operation in practice of this law, the General Law on equal treatment , the Equal treatment of men and women and Article 646 of Book 7 of the Civil Code .
a. [ Red: Modises the Law on the Judicial Organization.]
b. [ Red: Change this law.]
1 [ Red: Change this Act.]
2 [ Red: Modification of the Evaluation Law Modernisation Judicial Organisation.]
1 By way of derogation from Article 16 the appointments of the members and alternate members of the Committee on Equal Treatment, including the Chairman and two Vice-Presidents, shall be amended by way of appointment to members and alternate members of the College of Members of the European Parliament. the rights of man. Article 17, third paragraph , shall apply mutatis mutandis. The date of appointment shall be treated in the same way as the date of appointment in the previous post.
2 The transfer of the members referred to in paragraph 1 and alternate members shall take place under the same legal status as those applied to each of them by the Commission.
1 At the time of entry into force of Article 1 of this law belong to persons belonging to the Office of the Commission of equal treatment, as referred to in Article 4 (2) of the Article 17 of the General Act on equal treatment -to the office of the College of Human Rights.
2 The transfer of the persons referred to in paragraph 1 shall be made with the same legal status as those applied to each of them in the Commission's equal treatment.
Investigations on written request as referred to in Article 12, first paragraph, of the General Law on equal treatment , which have not yet been completed at the time of the entry into force of Article 1 of this law are to be continued by the College of Human Rights.
The administration and the archives of the Commission shall be delegated to the College for the Rights of Human Rights of the European Communities.
1 The articles of that law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
2 As far as the Articles 15 and 16 Enter into force earlier than Article 1 , the Commission shall take equal treatment for the application of Articles 15, third paragraph, and 16, second and third paragraphs, the place of the College until the entry into force of Article 1.
This law is cited as: Law College for the Rights of Man.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 24 November 2011
Beatrix
The Minister of Home Affairs and Kingdom Relations,
J. P. H. Donner
The Minister for Security and Justice,
I. W. Opstelten
Published in the sixth of December 2011The Minister for Security and Justice,
I. W. Opstelten
