JOB COHENject is to guarantee the plural society that has always been a basic characteristic of the
Netherlands, because as a country we have derived our identity and unity from respecting
the rights of others to be different. We can be proud that our system still functions in
this way.
In my view, the conclusion is clear. The question ‘‘Can a minority retain its identity
in law?’’ must be answered as follows:
- Immigrants or Muslims in the Netherlands have no collective group rights, no right
to retain their identity as a group, and no recognition as a national minority save
for the human rights contained in the Constitution and in various European and
international conventions on human rights. - Immigrants and Muslims are protected as individuals, however, even when they act
together or collectively, in order to retain their identity on the basis of the constitu-
tional freedoms that apply to everyone in the Netherlands.
In other words, what a minority can do ‘‘in law’’ in the Netherlands is clear. So, this
is not really the issue.
Social Problems
The main problems between minorities and the majority occur not in relation to the
Dutch authorities or Dutch law but insociety, in the relations between citizens and other
private parties. In the Netherlands there is great tolerance of different lifestyles, but at the
same time there is great pressure to be like everyone else and to press others into a mold.
It seems that, in some circles, some lifestyles are not or are only barely tolerated. Clashes
between fundamental rights and between lifestyles must be solved not in court but in
practice.
Here are some examples:
- A homosexual teacher at a predominantly ethnic school is openly disobeyed in class
and shown disrespect on account of his sexual orientation. The very same children,
however, demand respect from their teacher for their ethnic background and culture. - An imam whose belief precludes him from shaking hands with a woman and is
nonetheless obliged to do so feels that his beliefs are not respected. An emancipated
woman who insists on shaking hands with the imam in turn feels that she has not
been shown respect and has been treated differently if he refuses (quite apart from
the fact that, according to her, shaking hands is a norm that the imam should learn
to observe).
3 The desire of a Muslim minority to build a mosque can be completely at odds with
the wishes of a secular majority, who do not wish to be confronted with other peo-
ple’s expressions of belief and certainly not those of Muslims.
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