A/HRC/43/48/Add.1
64.
Muslim women in the Netherlands can be particularly vulnerable to discrimination
and violence motivated by or involving religion or belief. They are disproportionately
affected by phenomena that effectively result in discriminations against their communities,
including regulations that limit their ability to wear religious clothing and discriminatory
practices that undermine their equal treatment in the labour market. They also
disproportionately experience social ostracization in public places and are 70 per cent more
likely to be violently attacked. In the first half of 2015, women were the victims in 90 per
cent of the 89 complaints made to Meld Islamofobie (Report Islamophobia), nearly all of
whom were identifiable because of their Islamic dress. 83
65.
The Act on the partial ban on face-covering clothing, first introduced in 2005, came
into force on 1 August 2019. It bans clothing that covers the face, including niqabs, burkas,
balaclavas and helmets, in some public spaces such as schools, hospitals, public transport
and government buildings where the Government says that “it is necessary to recognize
each other and see each other’s faces”.84 Offenders risk a fine of up to €415. Civil society
interlocutors highlighted the law’s disproportionality in the face of its goal to reduce
security threats that the estimated 150 to 200 women in the Netherlands regularly wearing
face veils might pose. Interlocutors deem the law to be symbolic, targeting and attempting
to assimilate a specific religious community, influenced by calls from some political
parties.85 A transport network spokesperson stated that “veils have never been a problem”
with “women always willing to show their faces when asked”.86 Geert Wilders welcomed
the ban and called for the next step to be taken to ban the headscarf. 87 Muslim communities
highlight the law’s impact in perpetuating discrimination against Muslim women and their
ability to perform daily activities including picking up children from school or visiting
health-care providers. Some women report that their mobility and their freedom of religion
or belief has been drastically limited as they are now forced to choose between their faith
and their ability to engage in their daily lives. Public transport providers do not have the
power to enforce the ban,88 but in July 2019, in an issue of a Dutch national newspaper,
Algemeen Dagblad, it was claimed that citizens were permitted to carry out civil arrests if
someone refused to remove their face veil, which raises alarm about risks of violence to
women.89
66.
Public reaction to the ban has been divided, with some protesting against it, 90 some
offering to pay fines enforced on face veil wearers, 91 and others establishing a “burqa buddy”
system through social media to accompany women wearing face veils in public. 92 Some
mayors, including those of Amsterdam, Rotterdam and Utrecht, have indicated that while it
is law, enforcing the ban is not their priority and fines will not be actively imposed. 93 Some
therefore question whether the law will not be reviewed in future years. The Government
must demonstrate how the law complies with the limitations regime provided under
international human rights law, with regard to both articles 18 and 19 of the International
83
84
85
86
87
88
89
90
91
92
93
Šeta, “Forgotten women”.
See www.rijksoverheid.nl/onderwerpen/gezichtsbedekkende-kleding-in-de-mediaboerkaverbod/vraag-en-antwoord/waarom-is-er-een-gedeeltelijk-verbod-op-gezichtsbedekkendekleding; www.government.nl/topics/ban-on-face-coverings-referred-to-in-the-media-as-the%E2%80%98burka-ban%E2%80%99/question-and-answer/what-does-the-partial-ban-on-facecoverings-entail.
See https://forumvoordemocratie.nl/standpunten/wet-bnw.
DutchNews.nl, “Dutch transport firms won’t enforce ‘unworkable’ burka ban”, 26 July 2019.
Mike Corder (Associated Press), “Partial Dutch ban on face-covering clothing takes effect”, 1 August
2019.
Ibid.
See www.ad.nl/binnenland/vier-vragen-beantwoord-over-het-boerka-verbodbr~a8b9ed9a/?referrer=https://www.google.com/&referrer=https://mail.google.com/mail/u/0/.
See www.at5.nl/artikelen/195932/pvda-raadslid-demonstreert-in-boerka-tijdens-canal-parade.
See www.trouw.nl/binnenland/nida-gaat-boetes-van-nikabdraagstersbetalen~bb5145ea/?utm_campaign=shared_earned&utm_medium=social&utm_source=whatsapp.
Markha Valenta, “Banning a burqa that doesn’t exist – the cowardice of Dutch politics and the
courage of those who resist”, Open Democracy, 12 August 2019.
Janene Peters (NL Times), “Burka ban takes effect: no face-covering clothing in gov’t buildings,
public transport”, 1 August 2019.
17