AFS Monitor Racisme en Extreem-rechts CAHIER
Investigation and prosecution 2002The basis for the current discrimination is prohibited by the International Convention on the Elimination of all Forms of Racial Discrimination le (IVUR). This treaty is in 1966 ratified by the Netherlands and resulted in 1971 new prohibitions on discrimination in the Penal Code. At that time, many still believed that the Dutch parliamentarian situation did not give rise to pass such legislation. We now know better. The debate over thirty years ago in the Lower House took place on the border between freedom of expression and non-discrimination is still relevant. Today it is sometimes argued that the law too much in favor of non-discrimination is (been). Some even believe that the elimination of this discrimination restrictions prefer verdient.1 It is in this regard important to stress that the prohibition of discrimination do not have their basis in Section 1 Constitution, but in the IVUR. The removal of criminal prohibitions would have immediate consequences for the performance by the Netherlands of the Convention. It should be borne in mind also what has been the background of the implementation of treaties such as the ICERD: the international community has sought to enshrine such rights through such treaties that individual states could no longer evade this without compromising the requirements of a democratic state.
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