Een voortdurende schoolstrijd: Identiteitsgebonden benoemingsbeleid ten aanzien van personeel op orthodox-protestantse basis- en middelbare scholen in Nederland in relatie tot mensenrechten ; A continuous school struggle: Identity-based personnel appointment policy at orthodox Protestant schools in The Netherlands in relation to human rights

This research focuses on the relationship between identity-based personnel appointment policy at orthodox Protestant primary and secondary schools in The Netherlands and human rights. The most important explanatory factors for this relationship are the following. Firstly, there are interrelated conflicts between social, cultural, religious and legal norms within society and within orthodox Protestant schools. Next, this leads to a struggle on the interpretation of legal norms, within a multi-layered legal order, where a balance is sought between these conflicting norms. In order to come to thi... Mehr ...

Verfasser: Rijke, Niels Adriaan
Dokumenttyp: Dissertation
Erscheinungsdatum: 2019
Verlag/Hrsg.: Boom Juridisch
Schlagwörter: benoemingsbeleid / bijzonder onderwijs / orthodox-protestant / homoseksuele werknemer / gelijke behandeling / vrijheid van onderwijs / mensenrechten / reformatorisch / gereformeerd / evangelisch
Sprache: Niederländisch
Permalink: https://search.fid-benelux.de/Record/base-29202478
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://dspace.library.uu.nl/handle/1874/386506

This research focuses on the relationship between identity-based personnel appointment policy at orthodox Protestant primary and secondary schools in The Netherlands and human rights. The most important explanatory factors for this relationship are the following. Firstly, there are interrelated conflicts between social, cultural, religious and legal norms within society and within orthodox Protestant schools. Next, this leads to a struggle on the interpretation of legal norms, within a multi-layered legal order, where a balance is sought between these conflicting norms. In order to come to this conclusion this research describes and explains the characteristics of and developments within orthodox Protestant communities and schools, the multi-layered legal order and identity-based personnel appointment policy of different denominations (pietist-reformed, reformed-liberated, orthodox protestant-Christian, and evangelical schools). Both in international, European and national law there are conflicting legal norms, specifically human rights of school boards and their personnel. Both the lawmaker and the judge need to strike a balance between these rights. The lawmaker is doing this within Dutch and European equal treatment legislation. When striking a balance between these rights there is no general hierarchy between these rights. The legislation results in unclear and open compromise or exception clauses. This is also the result of political and societal struggle. Such clauses cause confusion and differences in interpretation and are constantly debated. On the shop floor involved actors shape appointment policy which eventually the judiciary can judge. My research on legislation and jurisprudence demonstrates that it depends on the specific circumstances, the authority and the applicable legal framework how the balance between rights is struck. The conflicting legal norms with respect to identity-based personnel appointment policy are related to conflicting social, cultural and religious norms within society and ...