The minister intends to ban religious symbols for law enforcement officers following criticism from the Council of State.
Justice Minister Frits van Oosten (VVD) intends to pursue legislation banning visible religious symbols, such as the kippah and hijab, for private law enforcement officers (boa's), following sharp criticism from the Council of State regarding the government's previous approach.
The council rejected the government's first attempt to impose the ban through an administrative decree, known in Dutch law as the General Administrative Order (AMvB), stating that such a decree is invalid without a legal basis, and clarifying that it contradicts the constitutional protection of freedom of religion and belief.
The State Council confirmed that exceptions to the freedom of religion are only permitted if the minister provides a strong and convincing justification, and it has set strict requirements for amending the law, including a comprehensive analysis of the issue, exploring less impactful alternatives, and balancing competing interests before implementing the ban.
A spokesperson for Van Oosterhout said that the Ministry of Justice and Security will now urgently work to turn the plan into official legislation, emphasizing the minister's commitment to ensuring professional and neutral law enforcement officers, despite the council's criticisms.
These proposals come within a broader agenda that was previously supported by the former coalition consisting of PVV, VVD, NSC, and BBB. Former Minister of Justice Dylan Jezieliguz (VVD) had proposed a similar measure in the previous government, which was described by the Netherlands Institute for Human Rights as 'stigmatizing and ineffectively impactful.'