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Decision of 18 August 1994 laying down detailed rules for cases where the sex is decisive, in cases where the protection of women is concerned, in cases where external characteristics linked to the variety of a person are affected (i) the determining factor and nationality of cases where nationality is decisive
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of our Minister of Home Affairs of 29 April 1994, No CW94/409, Constitutional Affairs and Legislative Affairs Division, done on behalf of Our Minister for Justice, the Secretary of State for Social Affairs and Employment, Our Minister for Education and Science and Our Minister of Welfare, Public Health and Health and Culture;
Having regard to Article 2, sixth paragraph, of the General Act on equal treatment ;
Having regard to the opinion of the Emandecision Council (opinion of 14 October 1993, No IV/06/93) and the opinion of the Commission on equal treatment for men and women in the labour market (Opinion of 5 October 1993, No 93 /CMS/1621);
The Council of State heard (opinion delivered on 12 July 1994, No W04.94.0238);
Having regard to the further report by our Minister of Home Affairs of 9 August 1994, No CW94/851, Constitutional Affairs and Legislative Affairs Division, delivered on behalf of Our Minister for Justice, the Secretary of State for Social Affairs and Employment, Our Minister for Education and Science and our Minister of Welfare, Public health and culture;
Have found good and understand:
In cases where the sex is decisive, Article 2, second paragraph, part a, of the General Act on equal treatment , and in which the protection of women is to be carried out in accordance with Article 2 (b) of Article 2 (b) of that Act Those cases shall include those cases belonging to one or more of the following categories:
(a) access to professional activities and the training necessary for this purpose; Article 1 of the Decision on professional activities for which the sex may be decisive ;
(b) the protection of health and medical treatment or care, including medical examinations, relating to pregnancy, maternity, reproductive function of man or otherwise the physical differences between men and women as regards, to the extent necessary for effective protection or treatment or care, a distinction on the basis of sex;
(c) the protection of the morality of persons under 16 years of age;
d. the use of sanitary facilities, baths, saunas or sleeping or changing rooms intended for use by two or more persons, provided that equivalent facilities are available to men and women;
(e) protection against, or control of, sexual violence or sexual harassment or the provision of assistance to victims of sexual violence or sexual harassment, to the extent necessary to ensure effective protection, control or aid the use of sex is necessary;
f. participation in beauty contests in so far as the sex is of interest in relation to the purpose of the contest;
g. participation in game or sport activities, in so far as there is a relevant difference between the average performance of men and women, or, to the extent that it is the admission to men and women in separate activities in the field of sport, internationally, agreements have been made or are subject to rules which result in demands on the sex of the participants;
h. the insurance of a risk that is dependent on a person's life against a premium dependent on the sex of that person, in so far as the difference in life expectancy between men and women is reasonable for the difference in the contribution of the person concerned; unless:
1 °. the insurance contract on or after 21 December 2012 is closed,
2 °. in the Agreement on or after 21 December 2012 a change has been made, by which all parties must express their consent, or
3 °. a Party has last expressed the agreement required for the conclusion of the Agreement on or after 21 December 2012;
(i) the provision of services which can only be provided to men or women.
In cases where external characteristics associated with the race of a person are determinable, intended Article 2, fourth paragraph, of the General Act on equal treatment Those cases shall be considered as belonging to one or more of the following categories:
a. the exercise of the profession or activity of actor, dancer or artist, to the extent that the profession or activity relates to the interpretation of a particular role;
b. the exercise of the profession or activity of mannequin which must show certain garments by wearing them, of model for visual artists, photographers, cineasten, hairdressers, grimeurs and beauticians, as far as in Reasonableness requirements can be imposed on external characteristics.
In cases where nationality is decisive, Article 2 (5) B , of the General Act on equal treatment , are the cases where, on the basis of a scheme or practice of an organisation in the field of sport or game to Dutch people, it is reserved to participate in competitions for the representation of the country.
This Decision shall enter into force from the day on which the General Law on equal treatment enters into force.
This decision is referred to as: Decision equal treatment.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 18 August 1994
Beatrix
The Minister of the Interior,
D. IJ. W. de Graaff-Nauta
The Minister of Justice,
A. Kosto
The Secretary of State for Social Affairs and Employment,
R. L. O. Linschoten
The Minister of Education, Culture and Science,
J. M. M. Ritzen
The Minister for Health, Welfare and Sport,
E. Borst-Eilers
Published the thirtieth August 1994The Minister of Justice,
W. Sorgdrager
