The Netherlands: Ban on headscarves and other religious symbols for law enforcement officers postponed

The Hague: Europe and the Arabs

The ban on wearing religious symbols by Special Investigating Officers (BOAs) will not be implemented as expected by the end of this year, but will take longer. Minister of Justice and Security, Van Oosten, is now seeking to regulate this through legislation, based on a crucial recommendation from the Council of State. According to the Dutch broadcaster NOS, which published a photo of police officers patrolling the streets with veiled women in front of them,

the website added that at the end of last year, the cabinet, then comprised of the Party for Freedom and its Christian Democratic coalition partner, promised to implement a ban on headscarves, kippahs (Jewish skullcaps), and other religious symbols for special investigation officers by the end of 2025. This was to be done through a decree, called an "AMvB" (Council Order). However, the Council of State now states that this ban affects several fundamental rights, such as the right to equal treatment and freedom of religion. Therefore, the recommendation is to regulate the ban through legislation rather than a Council Order. This would also allow the Senate and the House of Representatives to vote on the matter. However, a majority in both houses of parliament would still be needed for the plan. The debate surrounding neutral uniforms has been ongoing for years.

The adoption of neutral uniforms for law enforcement officers has been a subject of discussion for years. For example, some municipalities allow their officers to wear neutral uniforms. Wearing a kippah and a headscarf has sparked outrage among law enforcement officers.

The ban on religious symbols for law enforcement officers was included in the Cabinet's general agreement. Therefore, the Cabinet decided at the end of last year to implement the ban, as it would enhance "confidence in their integrity and conduct."

Netherlands-based journalist Noureddine Amrani reported that the Dutch Ministry of Justice and Security (BOA) announced the postponement of the ban on wearing religious symbols by law enforcement officers, which was scheduled for the end of this year. The main reasons for the postponement include criticism from the Council of State (Raad van State), which indicated that the ban conflicts with several fundamental rights, including:

The right to equal treatment

Freedom of religion

A change in the legal mechanism. Therefore, the Ministry, after consulting with the Council of State, decided to regulate this issue through a new law instead of resorting to the "General Administrative Procedure (AMvB)" as previously planned.

He noted that the Dutch government pledged last year to impose a ban on the wearing of headscarves, kippahs, and other visible religious symbols by law enforcement officers. Enforcement (BOA) by the end of 2024.

This decision reflects the government's commitment to ensuring that new legislation aligns with constitutional guarantees regarding citizens' fundamental rights. Critics of this restriction on religious symbols argue that it specifically targets the hijab and Muslims in general, a sentiment echoed by religious institutions that manage mosques in the Netherlands.

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