A/HRC/43/48/Add.1
ethnic minorities in the country, noting widespread discrimination in the labour market. A
study published in July 2019 found that unemployment was nearly three times higher
among religious or belief minorities and ethnic minorities in the country, and drew attention
to the fact that employers approached those with non-Western backgrounds 40 per cent less
than non-migrant Dutch and 20 per cent less than those deemed to be Western migrants. 51
48.
A third of complaints made to anti-discrimination bureaux in 2018 were related to
discrimination based on religion in the labour market. Nearly two thirds of these complaints
involved discrimination against Muslims. Complaints often involve restrictions on the
religious dress of employees or on their ability to observe religious holidays or worship
needs, forcing members of various religious communities to choose between either their
employment or their religion or beliefs. Muslim women are disproportionately affected by
this form of discrimination wherever employers are unwilling to accommodate the wearing
of religious attire or symbols. 52 In 2017, the European Court of Justice determined that
while employers can restrict the wearing of religious symbols, such restrictions must meet
occupational requirements with legitimate and proportionate objectives, prohibiting
differential treatment between workers. 53
49.
Interlocutors also reported to the Special Rapporteur that students from minority
religious communities at all attainment levels face discrimination when seeking compulsory
internships, apprenticeships and employment opportunities. An investigation of 78
temporary work agencies demonstrated that almost half engaged in discriminatory
practices.54 Another study conducted from 2014 to 2016 estimated that between 25 and 33
per cent of Dutch-Moroccan and Dutch-Turkish students experienced discrimination,
compared to 2 per cent of Dutch natives, and found that schools reportedly failed to provide
sufficient support in those circumstances. 55 In response to these challenges, in November
2018 the Government launched a programme aiming at further integration in the labour
market (Verdere Integratie op de Arbeidsmarkt), 56 along with campaigns targeting
employers, government-led reviews of employer practices, 57 and programmes aimed at
strengthening the capacity of migrant women to gain and maintain employment. These
programmes offer toolkits for intensive applicant guidance and recruitment and selection to
address labour market discrimination.
50.
Reports about discrimination experienced by asylum seekers seeking residency in
the country were also conveyed to the Special Rapporteur. Balancing the competing
interests, needs and sensitivities of diverse religious or belief groups and ethnic groups that
are being hosted in communal spaces has been difficult, leading managers of these centres
to place limits on freedom of religion or belief.
51.
The Central Agency for the Reception of Asylum Seekers does not, for example,
allow religious practices to be carried out in communal areas in order to avoid inflaming
tensions among different groups in an already sensitive environment. Restrictions have
been placed on the private rooms of residents, and group worship is not permitted.
Individuals are directed to external locations to engage in religious services, but access to
these places has been difficult for many. Insufficient religious literacy among staff and a
lack of practical training to address tensions that arise between residents of different
51
52
53
54
55
56
57
See www.uva.nl/content/nieuws/persberichten/2019/07/gediscrimineerde-sollicitant-kan-weinigdoen-om-baankans-te-vergroten.html?origin=C7qo0vSuQiCeMfPYaosIew&1563350113670&1567
512877217&1581059739276; https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/
Download.aspx?symbolno=INT%2fCERD%2fADR%2fNLD%2f33470&Lang=en; CBS, “Wellbeing not distributed equally”, 16 May 2018.
See www.kis.nl/sites/default/files/bestanden/Publicaties/jongeren-religie-onderwijs.pdf.
See https://blog-iacl-aidc.org/test-3/2018/5/26/analysis-european-court-of-justice-allows-bans-onreligious-dress-in-the-workplace.
European Commission against Racism and Intolerance, “ECRI report on the Netherlands”.
Đermana Šeta, “Forgotten women: the impact of Islamophobia on Muslim women” (Brussels,
European Network Against Racism, 2016).
See www.rijksoverheid.nl/documenten/kamerstukken/2019/02/12/kamerbrief-over-voortgangkabinetsaanpak-van-discriminatie.
See www.rijksoverheid.nl/documenten/kamerstukken/2018/11/22/kamerbrief-implementatieplanarbeidsmarktdiscriminatie-2018-2021.
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