Artikel

The right to legal residence and the colonial past

Frederiek de Vlaming

Are former Dutch citizens born in Suriname discriminated as compared to former Dutch citizens born in other (Western) countries?

An analysis of the regulations impacting undocumented Surinamese people in the Netherlands, who were born as Dutch citizens before 1975, in their historical context, and by reference to law in the UK (Windrush), Belgium and France, and the compatibility of these regulations with international human rights law.

This report addresses the question what the human rights obligations of the Dutch State are towards undocumented Surinamese people in the Netherlands, who were born in Suriname before the independence (1975), as Dutch citizens. The focus is on the prohibition of (in)direct discrimination on the grounds of race, ethnicity or ‘other status’. In addition, in case of violations of the prohibition against discrimination, the report explores what remedies could address these violations with a reach beyond individual cases.

DISCLAIMER
This report is written by law students as part of the course ‘Radboud Law Clinic on Human Rights.’ In this course, a selected group of students enrolled in a Master Program in law (Dutch law and International and European law) undertake research to respond to legal questions concerning potentially systemic human rights violations, under the supervision of Radboud University scholars. The Radboud Law Clinic works on a pro bono basis. The Clinic is not a legal aid service that assists individual clients and it does not provide legal advice from licensed attorneys. The report does not represent the official views of the commissioning organisation. All mistakes and omissions are those of the authors.

Authors: Raffaela Abbate, Lara van Daalen, Paul Fosse, Anouk Hol & Salomé Rakotovao | December 2022 | Radboud Law Clinic on Human Rights

Afbeelding credits

Header afbeelding: Recht - Hamer - Rights | Tingey Injury Law Firm via Unsplash

Icon afbeelding: Recht - Hamer - Rights | Tingey Injury Law Firm via Unsplash

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