RE-WIRING Experts Contribute to Dutch State Commission’s Future Vision on Equality Law

RE-WIRING project members Linda Senden and Mirella Visser played a key role in the development of the Dutch State Commission against Discrimination and Racism’s newly launched future vision on non-discrimination law, “Together for equality. A vision for the future of non-discrimination law” Their contribution, titled Realising Equality: Deliver on Constitutional Duties and Collective Responsibility!, was presented as part of the official launch event, attended by policymakers, scholars, and representatives from civil society.

In their joint contribution, Senden and Visser critically examine the limitations of the current equality law framework, which they argue remains largely reactive and complaint-driven. By placing the burden of enforcement primarily on individuals who experience discrimination, existing systems risk perpetuating institutional and structural inequalities rather than preventing them.

Drawing directly on the conceptual foundations of the RE-WIRING project, the authors call for a paradigm shift toward a proactive and collective approach to equality. They argue that responsibility for realising equality should lie more firmly with public institutions and other responsible actors, in line with constitutional duties under Article 1 of the Dutch Constitution, as well as European and international human rights obligations.

The contribution uses gender inequality in the new Dutch pensions legislation as a concrete example to illustrate how current legal approaches fall short in addressing structural discrimination. Senden and Visser contend that the state has a far more proactive obligation to prevent inequality, rather than merely responding to individual claims after harm has occurred.

To address these shortcomings, they propose a “rewiring strategy” for institutions, grounded in a policy-cycle approach. This strategy emphasises equality-sensitive agenda-setting, systematic evaluation of both existing and new legislation across all policy domains, and stronger oversight mechanisms. A central element of this approach is the establishment of an authority with enhanced enforcement powers to ensure meaningful compliance.

The authors also highlight the importance of the planned statutory embedding of an Equality Duty for the Public Sector, as proposed by the State Commission, alongside complementary instruments such as a Discrimination Assessment. Together, these measures represent crucial building blocks for transforming equality law into a system capable of addressing structural and systemic discrimination.

Through their contribution, Linda Senden and Mirella Visser demonstrate how RE-WIRING’s transformative equality approach offers concrete pathways for rethinking equality law — moving beyond individual remedies toward collective responsibility and long-term institutional change.