Right to equal treatment

Discrimination still occurs

However, discrimination still occurs in many areas of society, both in the European and the Caribbean Netherlands. At work, in sports clubs and at school, but also when going out or on the street. People may be discriminated against for various reasons, such as origin, age, sexual orientation, gender or religion.

Unequal treatment as a consequence of colonial history

For the Caribbean Netherlands, it is essential to consider the historical context and its impact. The colonial past plays a key role in unequal treatment of population groups. The way Bonaire, Sint Eustatius and Saba are governed and treated today is strongly influenced by this history. These historical factors still contribute to inequality between people in the Caribbean and European Netherlands.

Not all laws apply automatically in the Caribbean Netherlands. For example, the minimum wage on the islands is lower than in the European Netherlands, while the cost of living is often higher. Access to quality healthcare, education and social security is also not organized in the same way. In addition, residents of the Caribbean Netherlands have less influence on political decisions in The Hague, even though these decisions have major consequences for their daily lives.

Different legislation in the Caribbean and European Netherlands

Since 2010, Bonaire, Sint Eustatius and Saba have been part of the Netherlands as special municipalities, officially called public bodies. The Dutch government is responsible for upholding human rights on the islands and for implementing laws and human rights treaties.

After 2010, the government decided not to immediately apply all legislation to the Caribbean Netherlands, known as legislative restraint. As a result, many laws and regulations that apply in the European Netherlands have not yet been implemented on Bonaire, Sint Eustatius and Saba, and certain human rights treaties do not yet apply. Examples include important rules to protect women and girls (Istanbul Convention) and rules to support the participation of people with disabilities in society (UN Convention on the Rights of Persons with Disabilities).

Since 2021, a new principle applies: comply or explain. This means that laws and regulations are the same as in the European Netherlands, unless the government must make exceptions due to the context of the islands. However, this principle does not yet apply to existing legislation, to prevent the government from becoming overloaded with too much work at once. The Institute advocates for the government to apply the ‘comply or explain’ principle fully, also for existing legislation and treaties. This would ensure that laws and treaties resemble those of the European Netherlands as much as possible, and that residents of the Caribbean Netherlands can rely on equal protection of their rights.

Introduction of Equal Treatment Legislation in the Caribbean Netherlands starting 2026

From January 1, 2026, the Equal Treatment Legislation will also apply in the Caribbean Netherlands. In the European Netherlands this was already the case. If someone believes they have been discriminated against, they can use these laws to file a discrimination complaint with the National Institute for Human Rights. The Institute can issue a decision on whether discrimination has occurred or not or arrange mediation. This task of the Institute further contributes to making discrimination visible and addressing it.

Want to know more about how to file a discrimination complaint? You can read more on our page about decisions.