Implementation of Equality Law: A Task for Specialists or for Human Rights Experts? Experiences and Developments in the Supervision of Equality Law in the Netherlands

Abstract

In this article a link is given between the debates on the establishment of specialised bodies in the field of equality law and those on national human rights institutions in the Netherlands. The Equal Treatment Commission has now more than 10 years of experience, enabling it to provide insights into the strengths and weaknesses of such bodies. In particular, the power of the Commission to consider individual complaints has developed into an authoritative core task that provides materials for the exercise of other powers, e.g. training and advice. However, the restricted mandate of the Commission risks diminishing the effectiveness of its work. Current developments in the Netherlands to create a National Human Rights Institution may in due course fill this gap and provide broader perspectives for a more inclusive approach to human rights protection, including protection against discrimination. Even when it can be held that the power to deal with individual complaints is not absolutely necessary in the context of a Human Rights Institution, it is equally important that this power is retained in equality cases. More generally, protection against discrimination will always need specific attention in the protection of human rights.