Legal framework on freedom of religion and actual application
The longstanding Dutch tradition of respect for religious freedom and freedom of conscience are spelled out in the constitutional framework of the Kingdom of the Netherlands. The Constitution contains six articles which, directly and indirectly, protect the freedom of religion and conscience. Article 6 states: “Everyone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law.” The only restriction which is permitted is for the protection of public health, in the interest of traffic, and to combat or prevent disorder.”
Freedom of religion is further indirectly protected by articles 1, 8, 10 and 23. Article 1 prohibits discrimination on, amongst others, the grounds of religion and belief. The article also contains a non-discrimination clause which was recently amended to include ‘’handicap and sexual orientation’’. Violations of Article 1 are addressed by the Netherlands Institute for Human Rights.
Article 7 protects the freedom of expression, though includes restrictions concerning expressions which offend or spread hatred, Article 8 protects the freedom of association while Article 23 protects freedom of education wherein religious education is guaranteed and financed by public funds. Everyone in the Netherlands has the possibility to set up a primary or secondary school according to one’s religious convictions or worldview; the only requirements are the quality of education and a minimum number of pupils.
In 2021, a law was passed which obliged schools to teach citizenship. School boards of religious schools expressed concern that this law can be used in the future to oblige schools to teach content which contradicts religious convictions. All schools must already teach “sexuality and sexual diversity” so children “learn to respect sexual differences and preferences.”
Some political parties proposed to amend Article 23 (the right of freedom of education) enabling greater oversight over educational content in religious schools and the introduction of an obligation that religious schools accept all pupils regardless of religious background. The Council of State advised against the planned changes.
In May 2022, a new State Commission against Discrimination and Racism (Staatscommissie tegen Discriminatie en Racisme) was established by the Dutch Government. The Commission conducts research into discrimination and racism in all areas of the Dutch society and makes recommendations on how to address these issues.
A further trend which may serve to erode religious freedom in the country is the government's treatment of liberal values as human rights, and their promotion as such.
An example of was the government’s decision to promote abortion as a human right, although abortion to date is not directly recognized as a human right in any treaty signed by the Dutch government. Traditional understandings about the human person, particularly concerning sexuality, marriage and gender were also discredited in letters from the government to the members of parliament, for example one signed jointly by the Ministers of Culture and Science, Education, Foreign Affairs and Trade and Development. In this letter, the Ministers informed that the government took a critical position towards other European countries which did not give favoured treatment to the LGBT+ community and denounced conservative organizations in the Netherlands and Europe.
Incidents and developments
An important trend in the period under review was the decline in the number of people who self-describe as religious. In December 2022, the Central Bureau of Statistics of the Netherlands published a survey reflecting a decline in the number of believers. In 2021, 58 percent of the Dutch population of 15 years and older did not associate themselves with a particular belief. In 2020, this was 55 percent, and in 2010 45 percent. The biggest decline amid the major religious groups was among Catholics.
In March 2022, the COVID-19 measures restricting religious services ended.
In September 2022, Bea ten Tusscher succeeded Jos Douma as the Netherlands’ Special Envoy for Religion and Belief.
Members of Parliament from the Dutch political parties of GroenLinks and ChristenUnie submitted a Private Member's bill to the House of Parliament strengthening the severity of punishment for crimes when the motive is discriminatory. Both parties have been working on the proposal since 2018, spurred after an attack on the kosher restaurant HaCarmel in Amsterdam. According to the proponents, hate crimes “have major consequences not only for the direct victims, but for the entire group addressed by them and thus pose a threat to society as a whole.” An example of this was an incident on New Year’s Eve 2022 when extreme right groups communicated racist texts at a public celebration in Rotterdam.
Related to Jews
The Dutch government acknowledged in several speeches that antisemitism is growing, especially within right-wing conspiracy circles. One of the trends related to antisemitism is a rise in Holocaust denial. Research showed that 23 percent of Dutch people from 18-40 years believe that the Holocaust is a myth.
In Amsterdam the kosher restaurant HaCarmel closed in 2022 following a series of attacks endured over the years. The perpetrators were identified as those from pro-Palestine and Islamist extremist backgrounds and were labelled as ‘terrorist attacks’ by the police.
A wide range of political parties called for increased measures to counter antisemitism in stadiums. According to these, soccer clubs should do more to counter antisemitic expressions among soccer fans.
In December 2022, the third conference of the European Taskforce countering antisemitism was organized in The Hague where an EU-wide plan was published to counter antisemitism in the years 2022-2025. Important contributions came from the Dutch Coordinator Countering Antisemitism (NCAB), together with survivors of the Holocaust, international organizations and Jewish youth representatives. The Dutch Coordinator requested for stronger punishments regarding antisemitism.
Related to Christians
Dutch Reformed school councils reacted critically to a new law which obliges schools to teach citizenship. They expressed fears this law might be used to oblige views on life and sexuality contrary to their religious convictions.
On 30 March 2022, the Court in The Hague denied a petition to prosecute a minister of the Oud Gereformeerde Mieraskerk following a third-party complaint of hatred and discrimination in a letter the minister wrote to the Council in 2016. In the letter, the minister condemned sins which are “against the order of creation’’. The presiding judge stated that the letter’s specific context and expressions represented the minister’s beliefs and thus were protected by article 6 of the Constitution.
Related to Muslims
In 2022, Muslim leaders reacted vehemently to investigations revealing that a great number of mosques had been under secret surveillance throughout the previous years.
In October 2022, the mayor of Amsterdam sent a letter to Muslim leadership requesting signature to a statement condemning violence against LGBT+ people and expressing support for victims. The intent was to show that in this way Muslims “are a positive force in Amsterdam society”. Most of Amsterdam's 60 mosque representatives were ‘’scandalised’’ by the municipality request, stating that it was ‘’discriminatory and reprehensible’’ and that the community felt they were being scapegoated.
Prospects and developments
Generally religious freedom is protected, and positive signs include the renewed appointment for a Special Envoy for religious freedom in September 2022 as well as bills introduced to the House of Parliament strengthening the severity of punishment for crimes when the motive is discriminatory. Despite this, apprehensions for this right were revealed at a societal level by the rise in anti-Semitic incidents, both from extreme right movements and Islamist extremists.
A more subtle concern, however, relates to recent public law and policy debates where progressive moral positions are advanced in such a way as to marginalise those with a dissenting voice. Such political discourse often has a disproportionately negative impact on the ability of people of faith to publicly manifest their beliefs on these subject matters. Examples include the promoting abortion as a human right and the discrediting of traditional beliefs concerning sexuality, marriage and gender in Parliamentary communications.
Despite these concerns, the prospects for the exercise of religious freedom remain positive due to the protections in place and the transparent application of the rule of law.
Netherlands