A/HRC/4/21/Add.1
page 55
Response from the Government dated 13 March 2006
230. The Dutch Government wishes to add that the staff regulations of the school contained
provisions obliging all feminine employees to wear a headscarf. An exception was provided for
non-Islamic women, who could be released from the obligation on request. The Government also
informs that a complaint has been lodged by Ms. Haddad at the “Commissie Gelijke
Behandeling” (Dutch Equal Treatment Commission). The Dutch Equal Treatment Commission
concluded that the school failed to demonstrate that the obligation to wear a headscarf was
necessary in pursuance of the post of an Arabic teacher and decided in favour of Ms. Haddad. In
this particular case, the school decided to disregard the opinion of the Dutch Equal Treatment
Commission. Since Ms. Haddad has not started legal proceedings, there is currently no follow up
of the case.
231. A judgement (“Opinion”) of the Dutch Equal Treatment Commission is the result of a
specific case of alleged differentiation between two parties. In a written explanation the
Commission describes whether the respondent has acted in contravention with the Dutch equal
treatment laws or not. Its opinions are not legally binding, but are generally acted upon
accordingly by petitioner and respondent.
232. Regarding the legal basis regulating the wearing of religious symbols, the Government
indicated that there is no specific regulation regarding the wearing of religious symbols. The
relevant jurisprudence in this field describes only two possible situations in which regulation
imposing restrictions on the wearing of garments covering the face or part of the face can be
justified: the necessity to ensure identification and proper communication and the necessity to
guarantee the neutrality of state organs.
Observations
233. The Special Rapporteur is grateful for the detailed response from the Government. She
would like to refer to her framework for communications, more specifically to the international
human rights norms and to the mandate practice concerning “Religious symbols” (see above
para. 1, category I. 3. c). Furthermore, the Special Rapporteur has already covered the question
of religious symbols in detail in her 2006 report to the Commission on Human Rights (see
E/CN.4/2006/5, paras. 36-60). She would like to reiterate that “[t]he fundamental objective
should be to safeguard both the positive freedom of religion or belief as manifested in
observance and practice by voluntarily wearing or displaying religious symbols, and also the
negative freedom from being forced to wear or display religious symbols.” (see E/CN.4/2006/5,
para. 60). While welcoming the opinion of the Dutch Equal Treatment Commission in the case of
Ms. Haddad, the Special Rapporteur expresses her concern about pressure within the school to
adhere to certain religious obligations. She recognizes the complexity of the issues involved and
encourages the Government to promote an atmosphere of tolerance and non-discrimination.
Pakistan
Communication sent on 20 January 2006
234. The Special Rapporteur brought to the attention of the Government information she had
received concerning Shaukat Ali Wahla, an employee of the Auqaf Organization in Punjab.