The Netherlands is in thirteenth place among European countries that have done well in the field of LGBTQ+ rights. That while we used to belong to the world top. Most coalition parties have signed an agreement that will allow the Netherlands to return to the top. But implementation of that agreement is progressing slowly, according to interest groups.
Every year, human rights organization Ilga Europe brings the Rainbow Europe-index from. For this ranking, legislation and policy to protect LGBTIQ+ people are examined per country. Three months ago, our country scored 56 of the 100 achievable points. In comparison: list leader Malta reached 92.
Top 5 Rainbow Europe-index
- 1. Malta
- 2. Denmark
- 3. Belgium
- 4. Norway
- 5. Luxemburg
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Some of the points from the Rainbow Europe index and the Dutch rainbow ballot box match. In that agreement, party leaders made a series of promises to interest group COC about lhbtiq+ emancipation for this cabinet term last year. The agreement was signed by the entire coalition, except ChristenUnie.
Implementation is progressing slowly, notes COC chairman Astrid Oosenbrug. “We are already rising if only part of the promises are implemented. But in recent years we have stood still and we were overtaken by other countries that did come up with new laws.”
For example, Iceland rose on the list this year after the country recognized parenthood of transgender people. France restricted conversion therapy, also known as ‘homogeneous’. Both laws have not yet been regulated in the Netherlands.
Some points from the rainbow ballot box agreement
- There will be a ban on LGBTIQ+ healing therapies
- There will be a statutory regulation for multiple parenthood
- School rejects LGBTQ+ people will end
- There will be a ban on unnecessary medical treatment of intersex children and adults
- Anyone can put an ‘X’ in their passport without court intervention
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Tackling discriminatory violence
An important point with which the Netherlands can rise on the list is the approach to discriminatory violence. About seven out of ten LGBTIQ+ people in the Netherlands experience this, either physically or verbally. Yet fewer than ten people are convicted every year for it.
Denmark proves that a stricter approach to discriminatory violence can make a difference. That country was the biggest climber on the rainbow index with the introduction of a law against this with seven places.
Agreements have been made about tackling discriminatory violence. For example, it has been promised that special discrimination investigators will be appointed. There would also be more time and money for the Pink in Blue units at the police. They can support lhbtiq+ persons, including when filing tax returns.
The COC recently discussed this with Minister Dilan Yesilgöz of Justice and Security. “She indicated that she stands for the agreements about this in the rainbow ballot box agreement, but was unable to provide clarity about these promises,” said Oosenbrug. “The cabinet is sympathetic, but sometimes it seems as if it is no longer clear what the agreements are.”
Ministry: ‘Elaboration requires due care’
The Ministry of Education, Culture and Science, which is primarily responsible for the emancipation policy, said in a response that it did not recognize itself in the image that implementation is proceeding slowly.
“The cabinet is currently working hard on elaborating the points. They are ambitious and sometimes complex. They were not realized overnight,” said a spokesperson.
“The elaboration requires the necessary care, coordination with ministries, social organizations and ultimately political coordination,” she continues. “It takes time.”
The House of Representatives will receive the Emancipation Memorandum in the autumn. In it, the cabinet will discuss the ambitions of the Dutch emancipation policy in more detail.
A large part of the points concerns the rights of transgender people
Another large part of the points from the rainbow index relates to transgender people. Sophie Schers, policy advisor at Transgender Netwerk Nederland, also thinks that fulfilling the promises from the rainbow ballot box agreement is going too slowly.
“The really big last step in the field of legislation for transgender people was the amendment of the General Equal Treatment Act,” said Schers. Since November 2019, this law has stated that people may not be discriminated against on the basis of their sex characteristics, gender identity and gender expression. Before that, transgender people were not explicitly protected against discrimination in the law.
According to Schers, there is still much to be gained in the field of healthcare. For example, there are months-long waiting lists for transgender people who want to make a transition. “Someone who wants care is also psychologically examined for months,” says Schers. “Does your family support you? What is your capacity? If that were the case with all care, much care would not be able to take place.”
This is contrary to the fundamental right to self-determination, says the policymaker. A person’s gender identity, including its legal registration, belongs only to that person. This is also stated in the European Convention on Human Rights. “It’s time for transgender people to be taken at their word.”
Also cause for optimism
There is still a lot of work to be done, but there is also reason for optimism. Various processes were initiated in the past year that can improve the position of Dutch LGBTIQ+ people.
In February, for example, a private member’s bill was submitted to criminalize ‘homogenization’. That will now go to the Council of State for advice. After that, the House of Representatives and the Senate will consider it, which seems to have a majority.
The abolition of the expert statement that is required if someone wants to have their gender changed at the municipality is also being considered. In addition, there may be stricter penalties for discriminatory violence. Finally, the House seems close to anchoring LGBTQ+ rights in the constitution.
“If you add everything up, we seem to be well on our way,” says Oosenbrug. “But the government must sprint and speed up implementation.”
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