Netherlands Institute for Human Rights
(Last update on 18 January 2012)
Brief profile
Contact details
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Postal address: Kleinesingel 1-3, 3572 CG Utrecht, The Netherlands
Website: http://www.mensenrechten.nl
General email address: info@mensenrechten.nl
Helpline and telephone number: +31 (0) 30 888 38 88
Person of contact for media enquiries: Florine Lengkeek / Marysha Molthoff
- +31 (0)30 88 838 88 (8h30-17h00)
- +31 (0) 6 481 30 042 (out of office hours)
Overview
The Netherlands Institute for Human Rights has a legal basis in Dutch law and is an independent
body. Its task is to monitor human rights in the Netherlands. It can give solicited and unsolicited
advice to our government or any other organisation and has the power to investigate any possible
violation of human rights it deems necessary.
The work of the Netherlands Institute for Human Rights incorporates the work of the previous
Equal Treatment Commission and has therefore also the authority to investigate discrimination
cases and give opinions in these matters.
Type of equality body
Netherlands Institute for Human Rights is a predominantly quasi-judicial body1.
* Nationality, Political belief, Marital status, Contracts of employment (fixed or temporarily), Working hours, Chronic illness
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According to a European Commission study on Equality Bodies, predominantly quasi-judicial bodies are “impartial institutions which
spend the bulk of their time and resources hearing, investigating and deciding on individual instances of discrimination brought before
them” (page 43).
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complete as possible, we decline all responsibility for any loss or disadvantages resulting from the lack of
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Detailed profile
Brief history
In the Netherlands, Article 1 of the Constitution prohibits discrimination. Dutch equal treatment laws
elaborate on this norm and prohibit unequal treatment in specific fields and on a limited number of
grounds.
The Dutch Equal Treatment Commission (Commissie Gelijke Behandeling, CGB) was an
independent organisation that was established by the Equal Treatment Act (Algemene Wet Gelijke
Behandeling: AWGB), which came into force in 1994, to promote and monitor compliance with
these laws. The Commission also gave advice and information about the standards that apply.
The Commission incorporated the tasks of previously existing Commissions. These Commissions
dealt with the 1975 Equal Pay Act and the 1980/1989 Equal Treatment in the Workplace Act (Wet
Gelijke Behandeling: WGB).
Anyone in the Netherlands, be it individuals or private or public organisations or institutions, could
ask the Commission for an opinion or advice about a specific situation concerning unequal
treatment. This way, the Commission kept a key position in the process of communication and
discussion about the impact of non-discrimination and equal treatment law in everyday life and
provided easy access to an independent and expert opinion in matters of alleged discrimination.
There are no registry fees, legal representation is unnecessary and the procedure is less formal
than a court procedure.
On 1st October 2012 a new law came into force: Netherlands Institute for Human Rights Act (Wet
College voor de Rechten van de Mens (WCRM)). The Netherlands Institute for Human Rights
(NIHR) was established in compliance with the Paris Principles. The NIHR is currently in the
process to gain A-status. The NIHR has incorporated the work of the former Equal Treatment
Commission: the task to provide expert opinions in matters of alleged discrimination. The NIHR
also explains, monitors and protects human rights, promotes respect for human rights (including
equal treatment) in practice, policy and legislation, and increases the awareness of human rights in
the Netherlands. It has the power to investigate any possible violation of human rights it deems
necessary.
Mandate
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Powers: the The Netherlands Institute for Human Rights is a predominantly quasi-judicial
body;
Litigation powers:
- Bringing proceedings in its own name;
- Formally deciding on complaints (decision or recommendation) - not legally binding.
* Nationality, Political belief, Marital status, Contracts of employment (fixed or temporarily), Working hours, Chronic illness
Activities
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Promotional activities aimed at duty bearers (by way of trainings, guidance material, etc.);
Promotional activities aimed at potential victims (trainings, awareness raising, etc.);
Communication activities;
Publications and research projects;
Providing duty bearers with requested and not-requested advice;
Number of inquiries / complaints lodged and cases handled per year: 1317 (inquiries in
2011), 719 (cases handled in 2011
Structure
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Management structure
• Type: Collegiate headed body (led by a distinct board);
• Details: The NIHR consists of twelve members, including a Chair and two Vice-Chairs. In
addition there are at least nine deputy members. All members and deputy members are
appointed for a fixed period of six years, after which time it is possible to be re-appointed.
They are appointed by Royal Decree.
Institutional structure
• Type: stand alone dedicated national equality body.
• Details: The NIHR’s independence is safeguarded in different ways: The member’s salary
and working conditions are provided for in a specific regulation provided for by the WCRM;
neither the Government nor any Ministry has the power to give instructions to the NIHR;
members of the NIHR can only be dismissed after a procedure similar to that followed in
the judiciary.
3. Nomination of senior staff and board:
The WCRM provides for an office to be set up to assist the NIHR in the performance of its duties
(Section 18 WCRM).The NIHR’s office has a staff of approximately 60 people. The NIHR appoints
it’s own staff. The members of the NIHR are appointed by Royal Decree. Legal experts and
research assistants help members of the NIHR to investigate complaints about alleged
discrimination. Some experts in job evaluation schemes also work at the NIHR’s office, along with
a public relations officer and a documentation assistant. Management assistants and secretaries
provide support to both the members of the NIHR and members of the staff. Besides its own staff,
the NIHR may call on the assistance of civil servants designated by the appropriate Ministers
and/or call in other experts..
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Number of staff: 50 (in 2011)
Operating budget (for the parts of the organization dealing with equality issues)
6,200,000 € (in 2011).
Accountability (reporting to)
Ministry of Security and Justice
Contact details (address, key contact person, website)
Postal address:
College voor de Rechten van de Mens
Postbus 16001
3500 DA Utrecht
The Netherlands
Visitor’s address:
Kleinesingel 1-3
3572 CG Utrecht
The Netherlands
Tel.: +31 (0)30 888 38 88 / +31 (0)30 888 38 83
E-mail: info@mensenrechten.nl
Website: www.mensenrechten.nl