A/HRC/43/48/Add.1
III. The Netherlands: country context
10.
The Kingdom of the Netherlands consists of four autonomous constituent countries:
the Netherlands, located in Western Europe, and three islands – Aruba, Curaçao and Sint
Maarten – located in the Caribbean. The islands of Bonaire, Sint Eustatius and Saba are a
part of the Kingdom and are also located in the Caribbean. The present report focuses
exclusively on the country of the Netherlands. The Netherlands is a mature liberal
democracy premised upon a bicameral system of parliament and is resolute in its
commitment to the promotion and protection of human rights, including freedom of religion
or belief, which was first recognized and respected in the Union of Utrecht of 1579 and
again in the subsequent Constitution of 1983.
11.
The population of the Netherlands is around 17.2 million persons, giving it the
second highest population density in the European Union. The country hosts a plurality of
religions: Roman Catholicism (23 per cent), Protestantism, including the Dutch Reformed
Churches (15 per cent), Islam (5 per cent) and others, including Hinduism, Judaism,
Buddhism and Baha’i (6 per cent). Around 51 per cent of the population identifies as
having no religion, making the Netherlands one of the most secular societies in the Group
of Western European and other States. 4 Two thirds of the estimated 1 million Muslims in
the country are of Turkish or Moroccan origin and many of the 350,000 Hindus originate
from Suriname. 5 Jewish and Sikh communities estimate their numbers at 29,900 6 and
15,000 (about 0.17 per cent and 0.08 per cent of the population) respectively. A significant
number of immigrants, who constitute almost one quarter (23.1 per cent) of the Dutch
population, have joined Dutch society since the 1950s and immigration is almost entirely
responsible for the growth of the population by 99,577 persons between January 2017 and
2018.
12.
The Government of the Netherlands administrates its responsibilities within the
framework of a parliamentary representative democracy, a constitutional monarchy and a
decentralized unitary State. King Willem-Alexander is the official head of State of the
Kingdom of the Netherlands, which has enjoyed an independent monarchy since 1815. The
judicial, legislative and executive branches are independent. Dutch citizens directly elect
the 150 members of the lower house of the parliament (Tweede Kamer); the 75 members of
the upper house, or Senate (Eerste Kamer der Staten-Generaal) are elected by members of
the provincial councils. There are 12 Dutch provinces with their own representative and
executive government bodies. There are currently 355 municipalities (gemeenten)
responsible for matters including public services and discrimination issues that directly
affect their residents.
13.
The judicial system is comprised of 11 district courts, along with four courts of
appeal, one Supreme Court, one Administrative Court for Trade and Industry, one Council
of State and one Central Appeals Court for Public Service and Social Security Matters. 7
Judicial recruitment, selection, training and recommendation for appointment of members
of the judiciary are undertaken jointly by the judiciary and the Council for the Judiciary
(Raad voor de Rechtspraak). Appointments are made by Royal Decree following
confirmation by the Minister of Security and Justice that the nominees meet the statutory
requirements and other formal requirements. In the case of appointments to the Supreme
Court, the list of nominees is forwarded to the Minister after examination by the lower
house of the parliament. The Council for the Judiciary oversees the operations of Dutch
courts, acts as judiciary spokesperson and provides important communication channels
between the Government and the courts. 8
4
5
6
7
8
4
Statistics Netherlands (CBS), “Over half of the Dutch population are not religious”, 23 October 2018.
Willem Huijnk, De religieuze beleving van moslims in Nederland (Den Haaag, Sociaal en Cultureel
Planbureau, 2018).
See www.worldjewishcongress.org/en/about/communities/nl.
See www.netherlandsandyou.nl/latest-news/news/2017/09/21/factsheet-on-the-judiciary-in-thenetherlands.
See https://www.upr-info.org/database/index.php?limit=0&f_SUR=All&f_SMR=123&order=&
orderDir=ASC&orderP=true&f_Issue=All&searchReco=&resultMax=300&response=&action_type=
&session=&SuRRgrp=&SuROrg=&SMRRgrp=&SMROrg=&pledges=RecoOnly.