Human rights on Bonaire, Sint Eustatius and Saba

In 1945, the United Nations (UN) was founded. One of the main goals of this international organization is the protection and improvement of human rights. This was done, among other things, to prevent the horrific events of the Second World War from happening again. Which is why, in 1946, the UN established the Commission on Human Rights. The most important task of this commission was to draft the International Bill of Human Rights.

The idea was that this Bill would consist of a declaration and a treaty:

• On December 10, 1948, the UN General Assembly (UNGA) adopted the Universal Declaration of Human Rights (UDHR). From that moment on, this became the international guideline for human rights, containing 30 articles describing different rights. As of 1950, December 10 has been established as International Human Rights Day.
• Drafting the treaty took longer. Ultimately, for various reasons, two treaties were created. In 1966, the UNGA adopted the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Additional treaties for women, children and people with disabilities

Human rights apply to everyone. But in practice, it has become clear that extra measures are needed to protect and improve the rights of women, children and people with disabilities. That is why there are several additional treaties for certain groups, such as the Convention on the Elimination of Discrimination against Women, the Convention on the Rights of the Child, and the UN Convention on the Rights of Persons with Disabilities.

All human rights treaties are legally binding for countries (or states) that formally support them. This means there are consequences if a country does not comply with its obligations. They are required to adhere to these treaties. A country officially supports a treaty by ratifying it.

Human rights are often divided into two groups:

1. Civil and political rights. For example, the right to life, the right to a fair trial and the right to freedom of expression.
2. Economic, social and cultural rights. For example, the right to an adequate standard of living (where basic needs can be met), the right to work and the right to education.

All human rights are equally important, and all are needed to protect human dignity. The right to equal treatment and the prohibition of discrimination form part of both groups of rights. Combating discrimination applies to all rights: civil, political, economic, social and cultural.

Below is a list of human rights that fall within the two groups:

Civil and political rights

• The right to equal treatment and prohibition of discrimination (equality before the law, equality before the courts);
• Rights to personal integrity (protection of the person and their privacy, home and family life, prohibition of torture);
• Freedom rights (freedom of expression, of religion and belief, of association);
• Participation rights (right to take part in the government of a country, voting rights);
• Rights of detainees, suspects and prisoners (prohibition of arbitrary arrest and detention, right to independent and impartial legal proceedings);
• Rights of protected groups (women, children, minorities);
• Rights of foreigners and refugees (right to leave and return to one’s country, right to asylum, right to family reunification).

Social, economic and cultural rights

• Prohibition of discrimination;
• Social and economic rights (the right to an adequate standard of living, the right to social security, freedom of trade union association, the right to education, the right to health);
• Cultural rights (right to participate in and contribute to culture, right to speak one’s own language, protection of copyright and one’s own name, freedom of scientific research).

The government must ensure that people can exercise their rights. Human rights therefore set limits on what the government may do, and they impose obligations on what the government must do.

What is the government not allowed to do?

On the one hand human rights impose limits on the government’s actions. For example, the right to personal liberty means that the government cannot arrest you without a reason. The right to freedom of expression means that the government cannot stop you from expressing disagreement with a minister. And the right to housing means the government cannot evict you from your home without justification.

What must the government do?

On the other hand, human rights require government action. For example: the right to a fair trial means the government must ensure that you have access to a lawyer if you are suspected of a criminal offence. Likewise, the right to education means the government must ensure that you receive education.

The government must also protect you when someone else violates your human rights. For instance, when it comes to employers: the government sets rules for safe workplaces, adequate breaks and holiday leave. Another example: the government must combat violence between people, including in private situations such as child abuse.

Many institutions are involved in monitoring human rights. In the Netherlands, these include the courts, the Nationale ombudsman and us, the National Institute for Human Rights. They speak out when a human right has not been upheld.

Through the various international human rights treaties, there are also international monitoring processes. Independent experts then examine how the Dutch government complies with human rights.

The local government, including the authorities on Bonaire, Sint Eustatius and Saba, plays a major role in protecting human rights. Much of the policy they create and implement relates to human rights. Below are examples of activities connected to various human rights:

• Right to an adequate standard of living – combating poverty
• Right to housing – access to affordable housing
• Right to mental and physical integrity – preventing and combating domestic violence, providing support for victims
• Right to equal treatment and non-discrimination – promoting emancipation of the LGBTI+ community and tackling discrimination in the hospitality sector
• Rights of the child – creating youth policy
• Right to education – preventing school dropouts
• Right to freedom of expression – providing locations where political or social posters may be placed
• Right to information – websites and brochures that are accessible and understandable for everyone
• Right to freedom of association and assembly – ensuring demonstrations proceed safely
• Right to live independently and participate in society – ensuring household support so people can keep living at home
• Right to political participation – making polling stations accessible to people with disabilities