The
Constitution of the Kingdom of the Netherlands
Chapter 1 Fundamental rights
Article 1 Equality
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 Citizenship
- 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 Eligibility right
All Dutch nationals shall be equally eligible for appointment to public
service.
Article 4 Right to vote
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 Petitions
Everyone shall have the right to submit petitions in writing to the competent
authorities.
Article 6 Religion, Belief
- 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 Expression
- 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 Association
The right of association shall be recognised. This right may be restricted
by Act of Parliament in the interest of public order.
Article 9 Assembly
- 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 Privacy
- 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 Personal integrity
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 Home
- 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 Secrecy of communication
- 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 Property
- 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 Personal liberty, Arrest
- 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 Nulla Poena Sine Lege
No offence shall be punishable unless it was an offence under the law
at the time it was committed.
Article 17 Right to be heard
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 Right to counsel
- 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 Work and employment
- 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 Wealth and welfare
- 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 Environment
It shall be the concern of the authorities to keep the country habitable
and to protect and improve the environment.
Article 22 Health and accommodation
- 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 Education
- 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, whether in a public-authority
school or otherwise.
- 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.
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