| NETHERLANDS ANTILLES Netherlands Antilles Nederlandse Antillen (Part of the Kingdom of Netherlands) Joined United Nations: 10 December 1945 Human Rights as assured by their constitution Updated 12/14/09 |
THE CHARTER FOR THE KINGDOM OF THE NETHERLANDS
(Bulletin of Acts and Decrees 1954, no. 503), as last amended by Kingdom Act of 15 December 1994 (Bulletin of Acts and
Decrees 1995, no. 1)
§ 4. The constitutional organization of the Countries
Article 41
1. The Netherlands, the Netherlands Antilles and Aruba shall conduct their internal affairs autonomously.
2. The interests of the Kingdom shall be a matter of common concern to the Countries.
Article 42
1. Within the Kingdom, the constitutional organization of the Netherlands is set forth in the Constitution, and that of the Netherlands
Antilles and Aruba in their respective Constitutions.
2. The Constitutions of the Netherlands Antilles and of Aruba are established by country ordinance. Any proposal for the amendment of
the Constitutions shall explicitly describe the proposed amendment. The representative assemblies shall adopt a Bill for a country
ordinance of this kind only by a two-thirds majority of the votes cast.
Article 43
1. Each of the Countries shall promote the realization of fundamental human rights and freedoms, legal certainty and good governance.
2. The safeguarding of such rights and freedoms, legal certainty and good governance shall be a Kingdom affair.
Article 44
1. Any country ordinance amending a Constitution with regard to:
a. articles relating to fundamental human rights and freedoms;
b. provisions relating to the powers of the Governor;
c. articles relating to the powers of the representative assemblies of the Countries;
d. articles relating to the administration of justice,
shall be submitted to the Government of the Kingdom. Such country ordinances shall not enter into effect until the Government of the
Kingdom has signified its agreement.
2. The provisions of paragraph 1 shall also apply to any country ordinance amending the Constitution of the Netherlands Antilles with
regard to the allocation of seats in the representative assembly of the Netherlands Antilles to the various island territories and
with regard to provisions concerning the island territories.
3. Bills for country ordinances as referred to in the preceding paragraphs shall not be submitted to the representative assembly or be
examined by the assembly if it has initiated such a Bill, until the opinion of the Government of the Kingdom has been
obtained.
Article 45
Amendments to the Constitution with regard to:
a. articles relating to fundamental human rights and freedoms;
b. provisions relating to the powers of the Government;
c. articles relating to the powers of the representative assemblies;
d. articles relating to the administration of justice,
shall be deemed - without prejudice to the provisions of Article 5 - to affect the Netherlands Antilles and Aruba within the meaning of
Article 10.
CHAPTER 1
Fundamental rights
Article 1
All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political
opinion, race or sex or on any other grounds whatsoever shall not be permitted.
Article 2
1. Dutch nationality shall be regulated by Act of Parliament.
2. The admission and expulsion of aliens shall be regulated by Act of Parliament.
3. Extradition may take place only pursuant to a treaty. Further regulations concerning extradition shall be laid down by Act of Parliament.
4. Everyone shall have the right to leave the country, except in the cases laid down by Act of Parliament.
Article 3
All Dutch nationals shall be equally eligible for appointment to public service.
Article 4
Every Dutch national shall have an equal right to elect the members of the general representative bodies and to stand for election as a
member of those bodies, subject to the limitations and exceptions prescribed by Act of Parliament.
Article 5
Everyone shall have the right to submit petitions in writing to the competent authorities.
Article 6
1. Everyone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to
his responsibility under the law.
2. Rules concerning the exercise of this right other than in buildings and enclosed places may be laid down by Act of Parliament for the
protection of health, in the interest of traffic and to combat or prevent disorders.
Article 7
1. No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every
person under the law.
2. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a
radio or television broadcast.
3. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those
mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of
performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.
4. The preceding paragraphs do not apply to commercial advertising.
Article 8
The right of association shall be recognised. This right may be restricted by Act of Parliament in the interest of public order.
Article 9
1. The right of assembly and demonstration shall be recognised, without prejudice to the responsibility of everyone under the law.
2. Rules to protect health, in the interest of traffic and to combat or prevent disorders may be laid down by Act of Parliament.
Article 10
1. Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
2. Rules to protect privacy shall be laid down by Act of Parliament in connection with the recording and dissemination of personal data.
3. Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to
have such data corrected shall be laid down by Act of Parliament.
Article 11
Everyone shall have the right to inviolability of his person, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
Article 12
1. Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament,
by those designated for the purpose by or pursuant to Act of Parliament.
2. Prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the
exceptions prescribed by Act of Parliament.
3. A written report of the entry shall be issued to the occupant as soon as possible. If the entry was made in the interests of state security
or criminal proceedings, the issue of the report may be postponed under rules to be laid down by Act of Parliament. A report need not be
issued in cases, to be determined by Act of Parliament, where such issue would never be in the interests of state security.
Article 13
1. The privacy of correspondence shall not be violated except in the cases laid down by Act of Parliament, by order of the courts.
2. The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of Parliament, by or with the
authorisation of those designated for the purpose by Act of Parliament.
Article 14
1. Expropriation may take place only in the public interest and on prior assurance of full compensation, in accordance with regulations laid
down by or pursuant to Act of Parliament.
2. Prior assurance of full compensation shall not be required if in an emergency immediate expropriation is called for.
3. In the cases laid down by or pursuant to Act of Parliament there shall be a right to full or partial compensation if in the public interest
the competent authority destroys property or renders it unusable or restricts the exercise of the owner’s rights to it.
Article 15
1. Other than in the cases laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
2. Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he
shall be heard by the court within a period to be laid down by Act of Parliament.
The court shall order his immediate release if it considers the deprivation of liberty to be unlawful.
3. The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period.
4. A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise
of such rights is not compatible with the deprivation of liberty.
Article 16
No offence shall be punishable unless it was an offence under the law at the time it was committed.
Article 17
No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law.
Article 18
1. Everyone may be legally represented in legal and administrative proceedings.
2. Rules concerning the granting of legal aid to persons of limited means shall be laid down by Act of Parliament.
Article 19
1. It shall be the concern of the authorities to promote the provision of sufficient employment.
2. Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of
Parliament .
3. The right of every Dutch national to a free choice of work shall be recognised, without prejudice to the restrictions laid down by or
pursuant to Act of Parliament .
Article 20
1. It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth.
2. Rules concerning entitlement to social security shall be laid down by Act of Parliament .
3. Dutch nationals resident in the Netherlands who are unable to provide for themselves shall have a right, to be regulated by Act of
Parliament, to aid from the authorities.
Article 21
It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.
Article 22
1. The authorities shall take steps to promote the health of the population.
2. It shall be the concern of the authorities to provide sufficient living accommodation .
3. The authorities shall promote social and cultural development and leisure activities.
Article 23
1. Education shall be the constant concern of the Government.
2. All persons shall be free to provide education, without prejudice to the authorities’ right of supervision and, with regard to forms of
education
designated by law, their right to examine the competence and moral integrity of teachers, to be regulated by Act of Parliament .
3. Education provided by public authorities shall be regulated by Act of Parliament, paying due respect to everyone’s religion or belief.
4. The authorities shall ensure that primary education is provided in a sufficient number of public-authority schools in every municipality.
Deviations from this provision may be permitted under rules to be established by Act of Parliament on condition that there is opportunity to
receive the said form of education.
5. The standards required of schools financed either in part or in full from public funds shall be regulated by Act of Parliament, with due
regard, in the case of private schools, to the freedom to provide education according to religious or other belief.
6. The requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of
public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose
their teaching aids and to appoint teachers as they see fit .
7. Private primary schools that satisfy the conditions laid down by Act of Parliament shall be financed from public funds according to the
same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall
receive contributions from public funds shall be laid down by Act of Parliament .
8. The Government shall submit annual reports on the state of education to the States General .
(Bulletin of Acts and Decrees 1954, no. 503), as last amended by Kingdom Act of 15 December 1994 (Bulletin of Acts and
Decrees 1995, no. 1)
§ 4. The constitutional organization of the Countries
Article 41
1. The Netherlands, the Netherlands Antilles and Aruba shall conduct their internal affairs autonomously.
2. The interests of the Kingdom shall be a matter of common concern to the Countries.
Article 42
1. Within the Kingdom, the constitutional organization of the Netherlands is set forth in the Constitution, and that of the Netherlands
Antilles and Aruba in their respective Constitutions.
2. The Constitutions of the Netherlands Antilles and of Aruba are established by country ordinance. Any proposal for the amendment of
the Constitutions shall explicitly describe the proposed amendment. The representative assemblies shall adopt a Bill for a country
ordinance of this kind only by a two-thirds majority of the votes cast.
Article 43
1. Each of the Countries shall promote the realization of fundamental human rights and freedoms, legal certainty and good governance.
2. The safeguarding of such rights and freedoms, legal certainty and good governance shall be a Kingdom affair.
Article 44
1. Any country ordinance amending a Constitution with regard to:
a. articles relating to fundamental human rights and freedoms;
b. provisions relating to the powers of the Governor;
c. articles relating to the powers of the representative assemblies of the Countries;
d. articles relating to the administration of justice,
shall be submitted to the Government of the Kingdom. Such country ordinances shall not enter into effect until the Government of the
Kingdom has signified its agreement.
2. The provisions of paragraph 1 shall also apply to any country ordinance amending the Constitution of the Netherlands Antilles with
regard to the allocation of seats in the representative assembly of the Netherlands Antilles to the various island territories and
with regard to provisions concerning the island territories.
3. Bills for country ordinances as referred to in the preceding paragraphs shall not be submitted to the representative assembly or be
examined by the assembly if it has initiated such a Bill, until the opinion of the Government of the Kingdom has been
obtained.
Article 45
Amendments to the Constitution with regard to:
a. articles relating to fundamental human rights and freedoms;
b. provisions relating to the powers of the Government;
c. articles relating to the powers of the representative assemblies;
d. articles relating to the administration of justice,
shall be deemed - without prejudice to the provisions of Article 5 - to affect the Netherlands Antilles and Aruba within the meaning of
Article 10.
CHAPTER 1
Fundamental rights
Article 1
All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political
opinion, race or sex or on any other grounds whatsoever shall not be permitted.
Article 2
1. Dutch nationality shall be regulated by Act of Parliament.
2. The admission and expulsion of aliens shall be regulated by Act of Parliament.
3. Extradition may take place only pursuant to a treaty. Further regulations concerning extradition shall be laid down by Act of Parliament.
4. Everyone shall have the right to leave the country, except in the cases laid down by Act of Parliament.
Article 3
All Dutch nationals shall be equally eligible for appointment to public service.
Article 4
Every Dutch national shall have an equal right to elect the members of the general representative bodies and to stand for election as a
member of those bodies, subject to the limitations and exceptions prescribed by Act of Parliament.
Article 5
Everyone shall have the right to submit petitions in writing to the competent authorities.
Article 6
1. Everyone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to
his responsibility under the law.
2. Rules concerning the exercise of this right other than in buildings and enclosed places may be laid down by Act of Parliament for the
protection of health, in the interest of traffic and to combat or prevent disorders.
Article 7
1. No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every
person under the law.
2. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a
radio or television broadcast.
3. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those
mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of
performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.
4. The preceding paragraphs do not apply to commercial advertising.
Article 8
The right of association shall be recognised. This right may be restricted by Act of Parliament in the interest of public order.
Article 9
1. The right of assembly and demonstration shall be recognised, without prejudice to the responsibility of everyone under the law.
2. Rules to protect health, in the interest of traffic and to combat or prevent disorders may be laid down by Act of Parliament.
Article 10
1. Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
2. Rules to protect privacy shall be laid down by Act of Parliament in connection with the recording and dissemination of personal data.
3. Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to
have such data corrected shall be laid down by Act of Parliament.
Article 11
Everyone shall have the right to inviolability of his person, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
Article 12
1. Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament,
by those designated for the purpose by or pursuant to Act of Parliament.
2. Prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the
exceptions prescribed by Act of Parliament.
3. A written report of the entry shall be issued to the occupant as soon as possible. If the entry was made in the interests of state security
or criminal proceedings, the issue of the report may be postponed under rules to be laid down by Act of Parliament. A report need not be
issued in cases, to be determined by Act of Parliament, where such issue would never be in the interests of state security.
Article 13
1. The privacy of correspondence shall not be violated except in the cases laid down by Act of Parliament, by order of the courts.
2. The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of Parliament, by or with the
authorisation of those designated for the purpose by Act of Parliament.
Article 14
1. Expropriation may take place only in the public interest and on prior assurance of full compensation, in accordance with regulations laid
down by or pursuant to Act of Parliament.
2. Prior assurance of full compensation shall not be required if in an emergency immediate expropriation is called for.
3. In the cases laid down by or pursuant to Act of Parliament there shall be a right to full or partial compensation if in the public interest
the competent authority destroys property or renders it unusable or restricts the exercise of the owner’s rights to it.
Article 15
1. Other than in the cases laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
2. Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he
shall be heard by the court within a period to be laid down by Act of Parliament.
The court shall order his immediate release if it considers the deprivation of liberty to be unlawful.
3. The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period.
4. A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise
of such rights is not compatible with the deprivation of liberty.
Article 16
No offence shall be punishable unless it was an offence under the law at the time it was committed.
Article 17
No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law.
Article 18
1. Everyone may be legally represented in legal and administrative proceedings.
2. Rules concerning the granting of legal aid to persons of limited means shall be laid down by Act of Parliament.
Article 19
1. It shall be the concern of the authorities to promote the provision of sufficient employment.
2. Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of
Parliament .
3. The right of every Dutch national to a free choice of work shall be recognised, without prejudice to the restrictions laid down by or
pursuant to Act of Parliament .
Article 20
1. It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth.
2. Rules concerning entitlement to social security shall be laid down by Act of Parliament .
3. Dutch nationals resident in the Netherlands who are unable to provide for themselves shall have a right, to be regulated by Act of
Parliament, to aid from the authorities.
Article 21
It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.
Article 22
1. The authorities shall take steps to promote the health of the population.
2. It shall be the concern of the authorities to provide sufficient living accommodation .
3. The authorities shall promote social and cultural development and leisure activities.
Article 23
1. Education shall be the constant concern of the Government.
2. All persons shall be free to provide education, without prejudice to the authorities’ right of supervision and, with regard to forms of
education
designated by law, their right to examine the competence and moral integrity of teachers, to be regulated by Act of Parliament .
3. Education provided by public authorities shall be regulated by Act of Parliament, paying due respect to everyone’s religion or belief.
4. The authorities shall ensure that primary education is provided in a sufficient number of public-authority schools in every municipality.
Deviations from this provision may be permitted under rules to be established by Act of Parliament on condition that there is opportunity to
receive the said form of education.
5. The standards required of schools financed either in part or in full from public funds shall be regulated by Act of Parliament, with due
regard, in the case of private schools, to the freedom to provide education according to religious or other belief.
6. The requirements for primary education shall be such that the standards both of private schools fully financed from public funds and of
public-authority schools are fully guaranteed. The relevant provisions shall respect in particular the freedom of private schools to choose
their teaching aids and to appoint teachers as they see fit .
7. Private primary schools that satisfy the conditions laid down by Act of Parliament shall be financed from public funds according to the
same standards as public-authority schools. The conditions under which private secondary education and pre-university education shall
receive contributions from public funds shall be laid down by Act of Parliament .
8. The Government shall submit annual reports on the state of education to the States General .
Various Arawak Indian tribes migrated from South America settling into the Caribbean
around 1000 CE . The Windward Island chain (Saba, Sint Eustatius and Sint Maarten) was
encountered by Christopher Columbus on his second voyage in 1493 and the Leeward
Islands Bonaire and Curacao as well as Aruba) were first spotted by Alonso de Ojeda in
1499. While Spain has discovered them, control for the islands was greatly contested by the
powers of Europe but the Dutch made a concerted effort of settlement of the 1630's. The
18th and 19th Centuries saw the islands passing repeatedly into the hands of France and
the United Kingdom but Dutch control was solidified in 1815 following the Napoleonic Wars.
Slavery was abolished in 1863. On 1 November 1954 a measure of autonomy was granted to
the islands with the formation of the Netherlands Antilles. On 29 December 1954 the
Kingdom of Denmark enacted a Statute of the Realm of the Netherlands which serves as a
Constitutional Decree of the Netherlands Antilles. Human rights are not specifically
enumerated but citizens of the Netherlands Antilles enjoy the benefits of the Constitution of
the Kingdom of the Netherlands which conforms with the 1948 Universal Declaration of
Human Rights of which The Netherlands is a signatory and are detailed below. The
Netherlands Antilles is slated to be disbanded on 15 December 2008 with the islands each
forming different associations and relationships with the Kingdom of Denmark. For a full
English translation of The Charter For The Kingdom of Netherlands, click here.
around 1000 CE . The Windward Island chain (Saba, Sint Eustatius and Sint Maarten) was
encountered by Christopher Columbus on his second voyage in 1493 and the Leeward
Islands Bonaire and Curacao as well as Aruba) were first spotted by Alonso de Ojeda in
1499. While Spain has discovered them, control for the islands was greatly contested by the
powers of Europe but the Dutch made a concerted effort of settlement of the 1630's. The
18th and 19th Centuries saw the islands passing repeatedly into the hands of France and
the United Kingdom but Dutch control was solidified in 1815 following the Napoleonic Wars.
Slavery was abolished in 1863. On 1 November 1954 a measure of autonomy was granted to
the islands with the formation of the Netherlands Antilles. On 29 December 1954 the
Kingdom of Denmark enacted a Statute of the Realm of the Netherlands which serves as a
Constitutional Decree of the Netherlands Antilles. Human rights are not specifically
enumerated but citizens of the Netherlands Antilles enjoy the benefits of the Constitution of
the Kingdom of the Netherlands which conforms with the 1948 Universal Declaration of
Human Rights of which The Netherlands is a signatory and are detailed below. The
Netherlands Antilles is slated to be disbanded on 15 December 2008 with the islands each
forming different associations and relationships with the Kingdom of Denmark. For a full
English translation of The Charter For The Kingdom of Netherlands, click here.