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Decision of professional activities for which the sex may be decisive

Original Language Title: Besluit beroepsactiviteiten waarvoor het geslacht bepalend kan zijn

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Decision of 19 May 1989 laying down a general measure of management in respect of professional activities for which the sex may be decisive

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

On the proposal of the Secretary of State for Social Affairs and Employment of 2 May 1986, made on behalf of Our Ministers for the Interior, Justice, Defence and Education and Science;

Having regard to the provisions of the Article 5 (3) of the Act on equal treatment of men and women , as amended by the Law of 27 April 1989, State Sheet 1989, 168

Having regard to the opinions expressed in this connection by the Economic and Social Council, the Council of the European Communities, the Commission, the Committee on Equal Treatment of Men and Women in Employment and the Commission on equal treatment for men and women in employment in the Community, civil service;

The Council of State heard (opinion of 8 December 1986, No W. 12.86.0248/ b) ;

Having regard to the further report of our Minister of Social Affairs and Employment of 12 May 1989, delivered on behalf of Our Ministers of the Interior, Justice, Defence and Education and Science;

Have found good and understand:


Article 1

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Professional activities and necessary training for which, where appropriate, their nature or the conditions for their exercise may determine the sex, shall be considered as appropriate to the training of the person concerned only. For one or more of the following categories:

  • (a) the professional activities which, for physical reasons, can only be performed by persons of a given sex;

  • b. The professional activities of the male or female mannequin, which must show certain items of clothing by wearing them;

  • c. the professional activities of models for visual artists, photographers, cineasten, hairdressers, grimeurs and beauticians;

  • d. the professional activities of actor, singer, dancer or artist, to the extent that these activities relate to the interpretation of certain roles;

  • (e) professional activities within private households which involve the personal operation, care, care or education of, or assistance to, one or more persons;

  • f. the professional activities entailing the personal care, care or education of, or of providing assistance to, persons, where the proper exercise of the offered concern within the whole of the work organisation necessares that it is carried out by a person of a particular sex;

  • (g) the professional activities which involve the treatment or occupation of persons if, in view of their serious feelings of shame in such persons, the proper exercise of the offered concern within the whole of the work organization requires that it is carried out by a person of a particular sex;

  • (h) the professional activities of which the performance or pursuit of persons of a given sex is effectively impeded by legal provisions relating to the protection of persons of that sex in the course of employment;

  • (i) the professional activities pursued abroad, if by the law in force there are such activities as are reserved for persons of a particular sex;

  • j. The professional activities of the Marine Corps and at the Maintenance Service.


Article 2

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This Decision shall enter into force from the same date as the Law revising the Law on Equal Treatment for Men and Women.


Article 3

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This decision may be referred to as: Decision of professional activities for which the sex may be decisive.

Burden and order that this Decision, together with a note of explanatory note to the State Sheet will be placed and copies thereof will be sent to the Council of State.

' s-Gravenhage, 19 May 1989

Beatrix

The Minister for Social Affairs and Employment,

J. the King

The Minister of the Interior,

C. P. van Dijk

The Minister of Justice,

F. Korthals Altes

The Minister of Defence,

F. Bolkestein

The Minister of Education and Science,

W. J. Deetman

Published on 5 June 1989

The Minister of Justice,

F. Korthals Altes