Legal Protections

1. Protection Against Discrimination

Article 1 of the Dutch Constitution prohibits discrimination on any grounds, including sexual orientation and gender identity. The General Equal Treatment Act (AWGB) makes discrimination illegal in:

• Employment and the workplace
• Access to goods and services (shops, banks, restaurants)
• Housing
• Education
• Health and social services

If you have been discriminated against, file a complaint with the College voor de Rechten van de Mens (Netherlands Institute for Human Rights) — free of charge.

2. Protection Against Hate Speech

Articles 137c and 137d of the Dutch Penal Code make it a criminal offence to publicly insult or incite hatred based on sexual orientation or gender identity. Verbal abuse, online hate speech, and incitement to violence are all prosecuted. Report through Meld.nl.

3. Your Right to Safe Housing

Under the AWGB, landlords and housing agencies cannot refuse housing because of your LGBTIQA+ identity. If you are in an asylum seeker center (AZC) and experience threats or harassment:

• You have the right to request a transfer to a safer location or a special LGBTIQA+ housing unit.
• COA has a duty of care to keep you safe.
• Document all incidents in writing and inform your legal aid lawyer.

4. Your Right to Safety in Public Life

If you experience a hate crime — physical assault, threats, or property damage:

• Call the police on 0900-8844. Ask for it to be registered as a hate crime (haatmisdrijf).
• Contact Slachtofferhulp Nederland for free emotional and legal support.
• You do NOT need a residence permit to report a crime to the police in the Netherlands.

5. During the Asylum Procedure

• You do not have to prove your identity through explicit or degrading means — this is illegal under IND guidelines.
• You have the right to have your story treated with sensitivity and confidentiality.
• If your first asylum decision is negative, you have the right to appeal. Always do this with legal support.

Useful Contacts