![]() Nevertheless, the principle has been translated into a number of legal norms, including provisions in human rights treaties. ![]() Because of this ‘normative indeterminacy’, 4 the equal treatment principle as such provides little guidance with regard to the issues addressed in this chapter. ![]() 3 The same is true with regard to the question of whether a particular form of unequal treatment is nevertheless acceptable because of being based on a reasonable justification (section II.C). 2 The determination that situations are equal or unequal always, therefore, rests on a value judgement that is external to the equal treatment principle itself. As various authors have noted, the requirement for equal situations to be treated the same way is of a formal nature and does not tell us when two cases are equal or what equal treatment consists of. 1 Yet the meaning of the equal treatment principle does not lend itself to precise definition. This principle is often conveyed by the formula that ‘equal situations must be treated in the same way and unequal situations must be treated differently to the degree of their inequality’. The principle of equal treatment is generally recognised as a fundamental legal principle. The issue of indirect differential treatment on the grounds of race or ethnic origin is discussed separately in chapter 9, while the ‘reverse discrimination’ of Dutch nationals is addressed in chapter 10. Lastly, in section V, the findings of the previous sections are applied to the Act on Integration Abroad. In the course of this examination several possible justifications for making distinctions on these grounds are considered. More specifically the following topics are addressed: the differential treatment of immigrants on the grounds of their nationality and residence purpose the indirect differential treatment of immigrants and their family members on the grounds of racial or ethnic origin and the ‘reverse discrimination’ of Dutch nationals who are not entitled to family reunification under EU law.Ī general overview of the legal framework concerning the right to equal treatment is provided in section II, followed by an examination in sections III and IV of the relevance of nationality and residence purpose as criteria for differentiating between immigrants when applying integration requirements. This chapter, together with chapters 9 and 10, investigates how this difference in treatment should be assessed in relation to the right to equal treatment and the prohibition of discrimination. Whereas some aliens have to pass the integration exam abroad in order to be admitted to the Netherlands, others are exempted from this condition. AS EXPLAINED IN chapter 2 (section VI.B) the Act on Integration Abroad does not apply to all immigrants alike.
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