National courts and other non-judicial bodies

Netherlands

Chapter 1 of the Constitution sets out the fundamental rights. These are rights that give citizens the freedom to live their lives without interference by the State. The Constitution also includes the rights to participate in society and political life. Examples of fundamental rights are: freedom of expression, the right to the protection of personal data, the right to vote and the right to equal treatment.

There are two types of fundamental rights:

‘Classic’ fundamental rights: civil and political rights. These include the right to vote, freedom of expression, the right to privacy, religious freedom and the prohibition of discrimination.
Fundamental ‘social’ rights: economic, social and cultural rights. These include the right to housing, social security, healthcare and education.

Fundamental social rights are not usually enforceable in a court of law, whereas classic fundamental rights are. Thus a member of the public can bring a legal action if a municipal authority wants to ban a demonstration without good reason.

Last update: 13/05/2024

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