Article 1 of the Dutch Constitution and the National Equal Treatment Act (AWGB) prohibit any discrimination and unequal treatment. Since 2014, it is possible to adjust the gender entry in the personal register without surgery, sterilisation and diagnosis. Only an expert document is required, certifying a permanent identification with the unregistered gender. The government plans to abolish the use of gender on official documents by 2015. Since 2019 anti-discrimination laws not only include the prohibition on the ground of gender like in Germany, but also on the ground of gender identity, with which trans* people are explicitly included.
As early as 1994, a national Equal Treatment Commission (‘ Commissie gelijke behandeling’ ) was set up to combat discrimination, investigate complaints and make proposals for the structural anchoring of equality legislation. The Commission differs from a court in that it examines discrimination cases, filing a complaint is free of charge and no legal assistance is required. Judgments and decisions are not legally binding but are supposed to be accepted by complainants and defendants, which is what happens in many cases. In addition, the Commission has an advisory function, on the one hand for those affected by discrimination and, on the other hand for policy makers and legislators. Similar to the German Equal Treatment Act, the focus of the Commission is on the area of employment, professional equal opportunity, supply with goods and services and education. Due to the cases published by the Commission, it can be considered as a useful institution as the number of complains of people affected who want to defend themselves against discrimination and see the Commission as a source of help is rising steadily.
