The cabinet believes that an expansion of the law will clarify which standards are applied in the Netherlands for an open and free society. The expansion of the law should also convey a norm: in the Netherlands, we want to be able to look each other in the eye.
The starting point is that the cabinet believes that wearing face-covering clothing hinders various areas. It can hinder open communication, make identification more difficult, and wearing face-covering clothing can feel threatening or uncomfortable for citizens in certain situations. The cabinet also expects that a broader ban can work more clearly for citizens and enforcers. Therefore, the cabinet aims to work towards a total ban on wearing face-covering clothing in public spaces.
Currently, wearing face-covering clothing is not allowed in certain places, such as public transport, in education, and in contacts with healthcare (for example, with the general practitioner or GGD), or in government buildings (such as police and judiciary). The cabinet believes there is reason to consider whether wearing face-covering clothing in public spaces can be further restricted.
Minister Rijkaart of Interior Affairs: “The Netherlands is an open society. We find it important to strengthen this open character, so that we can approach and meet each other equally. And that goes beyond a ban on wearing a burqa in public transport. We are increasingly seeing people with high-collared scarves or balaclavas engaging with society. With this adjustment, we want to set sharper boundaries on such movements and clarify what we consider acceptable in the Netherlands.”
State Secretary Nobel (Participation and Integration): “For integration, coexistence, and social cohesion, it is very undesirable if you cannot look a person in the face. If you cannot look each other in the eye, how can you coexist? With a broader ban, we as a government send a clear signal: wearing, for example, a niqab is contrary to what is desirable in an open and free society.”
Assessment against international frameworks and treaties
In the establishment of the current Partial Ban on Face-Covering Clothing Act, it was already clear that it is important to carefully consider the fundamental rights from the Constitution that a ban affects, such as freedom of religion. The same applies to international human rights. The cabinet will pay attention to this when shaping the expansion. It is clear that there are points of reference in international law for expansion. Other European countries such as France and Belgium also have broader bans.
With the decision to work on further expanding a ban, the cabinet also responds to various motions adopted by the House of Representatives on this subject.
