Everyone has the right to equal treatment. Yet discrimination occurs throughout the Netherlands. For example, in the workplace, at school, or in public spaces. Discrimination means treating people differently, disadvantaging them, or excluding them because of a personal characteristic, without a valid reason. Personal characteristics can include ethnicity, age, disability, or gender. Discrimination is prohibited by law and is enshrined in Article 1 of the Dutch Constitution.
Grounds of Discrimination
Discrimination can occur on the basis of different personal characteristics, also known as protected grounds. Under Dutch law, discrimination is prohibited on the following grounds:
- Religion
- Belief or philosophical conviction
- Political opinion
- Race
- Gender
- Nationality
- Sexual orientation
- Marital status
- Disability or chronic illness
- Age
- Working hours (full-time or part-time)
- Permanent or temporary employment contract
Making distinctions Is sometimes allowed
Discrimination is not simply about making distinctions between people; it is about making unlawful distinctions. Therefore, it is not always illegal to treat people differently.
For example, if you are rejected for a job as a driver because you do not have the required driver's license, this is permitted. However, if you are rejected because of your ethnic background or because you are gay, this is not permitted. Another example: if you are denied admission to a school because of a physical disability, this may constitute discrimination.
Which groups are more likely to experience discrimination?
People with disabilities, women, and people with a migration background generally face discrimination more often.
People with Disabilities
People with disabilities frequently encounter situations where society is not accessible to them. For example, a government building may not be accessible to someone using a wheelchair. Or a school may be unable to provide the additional support that a child with autism requires.
Women
Women may experience pregnancy discrimination. For example, an employer may decide not to renew a contract because of a pregnancy. An employer may also dismiss a woman because they believe she takes too much sick leave due to pregnancy-related health issues. Women are also sometimes paid less than male employees for performing the same work. These are all examples of discrimination.
People with a Migration Background
Discrimination against people with a migration background is also a structural problem. They may have fewer opportunities to be hired for jobs, may receive lower pay than people without a migration background for the same work, and may face greater difficulties in finding housing.
The Netherlands Institute for Human Rights rules on discrimination cases in the Caribbean Netherlands
Since 2026, residents of the Caribbean Netherlands have been able to submit discrimination complaints to the Netherlands Institute for Human Rights. The Institute can issue an official judgment on whether discrimination has occurred, or assist parties through mediation to reach a solution.
Have you experienced discrimination and would you like to submit a complaint to the Institute? Information about the different steps involved can be found on the page about filing a discrimination complaint.