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13.04.2010

Supreme Court: Position on women Dutch political party (SGP) violates CEDAW

Aim for human rights is pleased with the decision of the Dutch Supreme Court that the SGP may not exclude women in their party to be candidates for the elections. The Netherlands must now take effective measures to make sure the SGP stops this exclusion of women. Aim for human rights was amongst the organisations who litigated against the SGP and the state for supporting them.

The Supreme Court has decided that CEDAW, the Convention on the Elimination of all Forms of Discrimination against Women, is directly applicable. The convention binds the state to make sure that women may participate in political parties on all levels. Hence women must also be allowed to be a candidate for any political party.

Background
To the surprise of many observers abroad, the Netherlands still has a political party (the SGP) that excludes women. Women are allowed to join the party, which has a religious background, but cannot run for elected positions or fulfil executive roles within the party. The CEDAW committee has sharply criticised the Dutch government for allowing this situation to continue. Article 7 of CEDAW states that the state is responsible for eliminating discrimination against women in political and public life. Nevertheless, the Dutch government refused to take action on this issue, and continued to subsidise the SGP. Consequently, various Dutch organisations, Aim for human rights among them, have together brought two cases against the government and the SGP through the strategic litigation fund of the Clara Wichmann Institute.

On the 9th of April 2010, the Supreme Court decided that the SGP is not allowed to exclude women.

 
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