Artikel 1: Equal treatment and prohibition of discrimination

Please note: Only the Dutch-language version of the Constitution has legal effect. 

Article 1 concerns the principle of equality. This principle mandates the legislature, the administration, and judges to treat people in similar cases in the same manner when establishing rules or making decisions.

However, a case does not necessarily have to be considered similar if there is a justified difference. For instance, requirements may be set regarding people's level of education to be allowed to practice a particular profession. But no distinction may be made on the grounds of, for example, religion or gender. For instance, men and women must earn the same amount if they perform the same work or work that is very similar.

Discrimination on the grounds of religion, belief, political affiliation, race, gender, disability, sexual orientation, or any other ground whatsoever is prohibited. The words "or on any other ground whatsoever" extend the prohibition of discrimination to grounds other than those mentioned in this article, such as age.

This article is further elaborated in the General Equal Treatment Act. Article 137 of the Criminal Code contains provisions under which discrimination can be punished. Video: What is Article 1 of the Constitution and how does this article work? (June 2023)