Nietdiscriminatoir

Nietdiscriminatoir is a term used in Dutch-language legal and policy literature to denote measures, criteria, or actions that do not discriminate on the basis of protected characteristics. The word combines niet, meaning not, with discriminatoir, from the French discriminatoire, producing a roughly “non-discriminatory” formulation. It appears in discussions of equality, access to services, employment, and procurement.

In jurisprudence and statute, nondiscrimination is a core principle. The European Union and many national constitutions prohibit direct and indirect discrimination on grounds such as race, sex, age, religion, disability, or sexual orientation, and require that policies be neutral, objective, transparent, and proportionate. Nietdiscriminatoir criteria strive to meet those requirements by avoiding biases, ensuring equal access, and evaluating impact across groups. The distinction between direct and indirect discrimination is central: direct discrimination treats someone unfavorably because of a protected characteristic, while indirect discrimination results from neutral criteria that disproportionately affect a group.

Implementation and examples: selection criteria for jobs or admissions should be objective and relevant to the function; blanket bans based on protected status are not allowed. Neutral criteria with potential disparate impact must be justified and proportionate. In public procurement and service delivery, procedures should be transparent and equally applied, with reasonable accommodations when needed to maintain equal opportunity.

Criticism and challenges: the meaning of truly nondiscriminatory can be contested, as some neutral criteria may still produce unequal outcomes. Enforcement relies on monitoring, remedies, and ongoing evaluation to ensure alignment with equality principles.

See also: non-discrimination, equal treatment, equality before the law.