Not so equal? In Search of the Borders of Dutch Anti-Racial Discrimination Law
Research Question
How come that the racialised effects of migration and citizenship laws are often not recognised by Dutch anti-discrimination laws? Which understandings of racism inform these anti-discrimination laws?
Project Description
A growing literature supports the claim that migration and citizenship laws are not racially neutral. Yet in the Netherlands, despite a strong legal commitment to the principle of nondiscrimination, racialised distinctions in immigration and nationality legislation remain largely outside the scope of anti-discrimination law. This project aims to a) explain how the partition between immigration and anti-discrimination law is constructed through legal discourse, and b) analyse this discourse in the light of current theories about the construction of race and the persistence of racism in European societies.
Selected Publications
K.M. de Vries, ‘The non-national as ‘the other’: what role for non-discrimination law?, in: M. Jesse (ed.), European Societies, Migration and the Law: The ‘Others’ amongst ‘Us’, Cambridge University Press 2020, p. 192-210
K.M. de Vries, ‘The Integration Exception: A New Limit to Social Rights of Third-Country Nationals in European Union Law?’, in: D. Thym (ed.), Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU, Hart Publishing 2017
K.M. de Vries, ‘Rewriting Abdulaziz: The ECtHR Grand Chamber’s Ruling in Biao v. Denmark’, European Journal of Migration and Law 2016, p. 467-479