Kara Sears
The Netherlands has a strong record of promoting LGBTQIA+ rights and has taken significant steps to achieve equality for the community. In January 2023, the country amended its constitution to include a ban on discrimination based on sexual orientation and disability, sending a powerful message of inclusivity. This move built on a long history of progressive milestones, including the legalisation of same-sex activity in 1811, the equalisation of the age of consent in 1971, and the legal recognition of same-sex marriage in 2000, making the Netherlands the first country in the world to do so. While the nation has made great strides, some challenges remain, including the protection of transgender and intersex individuals, the prohibition of conversion therapy, and tackling hate speech and crimes targeting the LGBTQIA+ community.
| Characteristics | Values |
|---|---|
| Same-sex activity legal since | 1811 |
| Age of consent | 16, equal for all genders and sexual orientations |
| Same-sex marriage | Legal |
| LGBT employment discrimination | Sexual orientation and gender identity |
| LGBT housing discrimination | Sexual orientation and gender identity |
| Transgender rights | Legal gender change, gender-affirming surgery, and hormone replacement therapy |
| LGBT anti-discrimination laws | Article 1 of the Constitution bans discrimination based on sexual orientation and disability |
| Support for international LGBT rights | Active |
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What You'll Learn
The Netherlands' history of LGBTQ+ discrimination
The Netherlands has a long history of LGBTQ+ discrimination, despite its recent reputation as one of the most LGBTQ+-friendly countries in the world.
Between 1730 and 1811, sodomy was a capital crime in the Dutch Republic, leading to the persecution of hundreds of homosexuals. This period of widespread panic ended when the French invaded and installed the Napoleonic Code in 1811, which invalidated anti-sodomy statutes. After gaining independence in 1813, the Netherlands did not reintroduce anti-sodomy laws, and same-sex activity has been legal ever since. However, in 1911, Christian-based political parties enacted Article 248bis of the Penal Code, which set the age of consent for same-sex sexual activity at 21, while the age of consent for heterosexual activity remained at 16. This article was abolished in 1971, equalising the age of consent.
Despite the legalisation of same-sex activity, LGBTQ+ individuals in the Netherlands continued to face discrimination in various forms. In 2005, a teacher was fired for being in a same-sex relationship, as some schools interpreted the law to allow them to terminate employees whose behaviour outside of school went against the ethos of the institution. This was known as the "single fact" rule. It wasn't until 2014 that a bill was debated in Parliament to protect LGBTQ+ students and teachers from being fired due to their sexual orientation. The bill was approved by the House of Representatives in 2014 and the Senate in 2015, coming into full effect on July 1, 2015.
The Netherlands has taken significant steps towards LGBTQ+ emancipation, particularly in recent decades. In 1993, the Dutch Parliament enacted the Equal Rights Law, which included sexual orientation as a protected category against discrimination in employment, housing, and the provision of public and private goods and services. In 1994, the Equal Treatment Act further strengthened these protections. In 1998, the Dutch Parliament granted same-sex couples domestic partnership benefits, and in 2001, the Netherlands became the first country in the world to legalise same-sex marriage.
While the Netherlands has made notable progress in LGBTQ+ rights, there are still areas that require improvement. For example, the Transgender Act only allows individuals to choose between the gender markers 'male' or 'female', excluding non-binary individuals. Additionally, there have been reports of increasing hate crimes against LGBTQ+ individuals, and the country has yet to prohibit conversion therapy. Nonetheless, the Netherlands continues to be a pioneer in LGBTQ+ rights, with the recent expansion of anti-discrimination laws to include gender identity and disability, demonstrating its commitment to creating a more inclusive society.
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Current LGBTQ+ anti-discrimination laws
The Netherlands has made significant progress in recent decades in promoting equal rights and acceptance of LGBTQIA+ individuals. The country has taken several steps to abolish discriminatory laws and protect the rights of the LGBTQIA+ community. Here is an overview of the current LGBTQ+ anti-discrimination laws in the Netherlands:
Constitutional Protections
In January 2023, the Netherlands amended Article 1 of its Constitution to explicitly prohibit discrimination based on sexual orientation and disability. The amended article states that "All those present in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, sex, handicap, or sexual preference, or on any other grounds whatsoever shall not be permitted." This amendment was hailed as a "historic victory" by LGBTQ+ groups and a significant step towards ensuring equal rights for the community.
Employment and Housing
The Netherlands has laws in place to protect LGBTQIA+ individuals from discrimination in employment and housing. The General Equal Treatment Act, passed in 1993, prohibits employment discrimination on the basis of sexual orientation. In 2019, the country updated its laws to include gender identity as a protected characteristic in both employment and housing discrimination laws. These laws ensure that LGBTQIA+ individuals cannot be fired, refused housing, or treated unfairly because of their sexual orientation or gender identity.
Education
The Netherlands has also taken steps to address discrimination in education. In 2015, a bill was passed to protect LGBTQ+ students and teachers from being fired or discriminated against because of their sexual orientation. This bill ensured that schools could not terminate teachers or take adverse action against students solely based on their sexual orientation. However, there are still reports of LGBTQ+ students facing bullying and harassment, with a 2018 survey showing that 11.4% of LGBTQ+ youth experienced online bullying, more than twice the rate of their heterosexual peers.
Legal Gender Recognition
The Dutch parliament voted in favour of a law in 1984 and 1985, allowing transgender people the legal right to change their gender. However, this law initially required individuals to undergo gender-affirming surgery and forced sterilisation. More recently, the country has made progress in improving transgender rights. For example, transgender individuals aged 16 and older can access top surgery, and there is ongoing work to improve access to quality transgender-related healthcare.
Marriage Equality
The Netherlands was the first country in the world to legalise same-sex marriage in 2000. The country recognises marriage between two people of the same biological sex and/or gender identity, and there is no distinction in the age of consent based on sexual orientation. Same-sex sexual activity has been legal since 1811, and the country has worked to abolish anti-sodomy laws that were introduced during periods of foreign occupation.
While the Netherlands has made considerable progress in LGBTQ+ anti-discrimination laws, advocates continue to push for further protections, particularly regarding the rights of intersex and non-binary individuals, the prohibition of conversion therapy, and addressing hate speech and crimes targeting the LGBTQ+ community.
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The impact of the 2023 amendment to Article 1 of the Constitution
On 17 January 2023, an amendment was made to Article 1 of the Dutch Constitution, which explicitly expands the prohibition of discrimination based on sexual orientation and disability. The current provision now reads:
> "All those present in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, sex, handicap, or sexual preference, or on any other grounds whatsoever shall not be permitted."
The amendment, which entered into force on 22 February 2023, was the culmination of a constitutional reform process that began in June 2010. The process involved two readings in the bicameral parliament with general elections in between, and the amendment ultimately received broad support in both readings. The amendment was initiated by a coalition of three different parties: the liberal-democratic party D66, the green socialist party GroenLinks, and the labour party Partij van de Arbeid.
Secondly, the amendment sends a strong message of support for the LGBTQIA+ community and helps to foster a more inclusive society. The explicit inclusion of sexual orientation in the Constitution demonstrates that discrimination on this basis will not be tolerated and contributes to improving the position of LGBTQIA+ individuals in the Netherlands and Europe more broadly. This is particularly important given the rise in hate crimes against the LGBTQIA+ community in recent years.
Thirdly, the amendment helps to strengthen the legal framework for challenging discrimination. While Dutch courts currently lack the competence to assess the compatibility of legislation with the constitutional non-discrimination provision, this may change in the future. This could provide a stronger basis for legal challenges to discriminatory laws, policies, or practices and enhance the protection of the rights of LGBTQIA+ individuals.
While the 2023 amendment to Article 1 of the Constitution is a significant step forward, there are still areas where further progress is needed to protect the rights of LGBTQIA+ individuals in the Netherlands. This includes addressing issues such as the prohibition of conversion therapy, hate speech, and the protection of intersex and transgender individuals, particularly in the field of healthcare.
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Remaining challenges for LGBTQ+ rights in the Netherlands
The Netherlands has been referred to as one of the most gay-friendly countries in the world, owing to its early adoption of LGBTQ+ rights legislation and tolerance perception. Amsterdam has frequently been named one of the most LGBTQ+-friendly cities globally, with its many gay bars, bathhouses, hotels, venues, and LGBTQ+-friendly information sources. The country has also actively supported LGBTQ+ rights groups worldwide. Since February 2023, protections against discrimination based on sexual orientation and disability have been formally added to the Netherlands Constitution.
However, there are still challenges to be addressed for the LGBTQ+ community in the Netherlands. Here are some key areas where further progress is needed:
- Protection of Intersex and Transgender Individuals : While the Transgender Act established the legal position of transgender individuals, the current law only provides the choice between the gender markers 'male' or 'female', excluding non-binary individuals. The process of legally changing one's gender also requires individuals to undergo gender-affirming surgery and forced sterilisation. Furthermore, there are long waiting times and limited access to specialised healthcare providers for transgender-related medical needs, such as hormone treatments and gender-affirming surgeries.
- Prohibition of Conversion Therapy : While organisations offering conversion therapy are not eligible for subsidies and such practices are not covered by healthcare insurance, there is a need to completely ban these pseudoscientific practices that aim to change an individual's sexual orientation or gender identity.
- Hate Speech and Crimes : Hate crimes against LGBTQ+ individuals in the Netherlands have been on the rise in recent years. A 2018 survey by Statistics Netherlands revealed that 11.4% of LGBTQ+ youth experienced online bullying and harassment, more than twice the rate of heterosexual young people.
- Homelessness Among LGBTQ+ Youth : The same 2018 survey estimated that there were between 900 and 2,000 homeless LGBTQ+ youth in the Netherlands in 2020. LGBTQ+ young people were three times more likely to be homeless than their heterosexual peers due to family rejection and difficulties in self-acceptance.
- Inclusive Education : While there have been efforts to protect LGBTQ+ students and teachers from discrimination and termination based on their sexual orientation, there is still work to be done in creating inclusive educational environments that allow for the open discussion and promotion of LGBTQ+ topics.
- Public Opinion : Despite generally positive views towards LGBTQ+ rights in the Netherlands, public opinion remains somewhat divided. While many surveys indicate broad support for equal rights and acceptance, there are still pockets of opposition, and hate crimes persist.
While the Netherlands has made significant strides in LGBTQ+ rights, these remaining challenges highlight the need for continued dialogue, legal reform, and social progress to create a fully inclusive society.
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International LGBTQ+ advocacy by the Netherlands
The Netherlands has a long history of LGBTQ+ advocacy, dating back to the early 20th century when the first gay bars opened in Amsterdam. During World War II, homosexuality was criminalized under German occupation, but after the war, Dutch society began to embrace social emancipation and cultural acceptance of LGBTQ+ people. The oldest existing LGBTQ+ organization in the world, COC Nederland, was established during this time and has since played a crucial role in advocating for LGBTQ+ rights.
COC Nederland has been at the forefront of LGBTQ+ advocacy, not just in the Netherlands but also internationally. Through its international network, COC lobbies with LGBTQ+ activists from various countries and organizations like the United Nations to fight for human rights and counter groups opposing LGBTQ+ rights. Their work has led to significant improvements in Dutch asylum policies, preventing LGBTQ+ individuals from being sent back to their home countries if it means endangering their lives due to their sexual orientation or gender identity.
The Dutch government has also demonstrated its commitment to LGBTQ+ rights on a global scale. In 2019, King Willem-Alexander addressed the UN General Assembly, advocating for LGBTQ+ rights. The Dutch House of Representatives further emphasized this support by voting for a motion to prioritize LGBTQ+ rights during the country's membership in the United Nations Human Rights Council. With Dutch backing, LGBTQ+ organizations in the Seychelles and Botswana successfully repealed anti-gay sodomy laws.
Additionally, the Netherlands has taken steps to address discrimination against LGBTQ+ individuals within its borders. In 2023, the country amended its Constitution to explicitly prohibit discrimination based on sexual orientation and disability. This amendment contributes to the global consensus on LGBTQ+ rights and demonstrates the country's dedication to creating an inclusive society.
While the Netherlands has made significant progress in LGBTQ+ advocacy, there is still room for improvement. Challenges remain, particularly in protecting intersex and transgender individuals, addressing hate speech, and enhancing access to quality transgender-related healthcare. Nonetheless, the country's efforts have paved the way for greater inclusivity and inspired similar advancements worldwide.
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Frequently asked questions
Yes, the Netherlands has anti-discrimination laws that protect LGBTQ+ people in employment, housing, and the provision of both public and private goods and services. The General Equal Treatment Act of 1993 banned discrimination on the basis of sexual orientation or gender identity. In 2019, gender identity was added as a protected characteristic from employment and housing discrimination. In 2023, protections against discrimination on the basis of sexual orientation and disability were added to the Netherlands Constitution.
Yes, in 2014, a bill was passed that ensured LGBTQ+ students and teachers could not be fired or discriminated against because of their sexual orientation.
Yes, the Dutch parliament voted in favour of a law in 1984 and 1985 that established the right of transgender people to change their legal gender. However, this law initially required individuals to undergo gender-affirming surgery and forced sterilisation. Top surgery is available to patients aged 16 and above. In recent years, the Netherlands has made progress in improving transgender-related healthcare, but long waiting times and limited specialised healthcare providers remain obstacles.
Yes, the Netherlands has laws that prohibit hate crimes based on sexual orientation and gender identity. However, hate crimes against LGBTQ+ individuals have been rising in recent years.
Yes, same-sex marriage is legal in the Netherlands. In 2000, the Lower Chamber voted in favour of same-sex marriage, making the Netherlands the first country in the world to legalise it. However, it is important to note that the two autonomous overseas territories within the Kingdom of the Netherlands, Aruba and the Netherlands Antilles, have not legalised same-sex marriage and do not recognise same-sex marriages performed in other parts of the Kingdom.
