Judges holding Dutch State liable for gender wage gap in the judiciary

Two judges are holding the Dutch State liable for the gender wage gap in the judiciary. In a letter delivered to the government on Wednesday, they demanded that it abolish the current pay scale policy and replace it with a fixed remuneration system. They also want the State to compensate women for the pay gap.

The judges are working with the emancipation interest group Bureau Clara Wichmann on this case. If the State does not respond within two weeks, they will file a complaint with the Netherlands Institute for Human Rights.

It has been known for many years that women are structurally paid less than men, even though that is not allowed by law, lawyer Marlies Vegter of Bureau Clara Wichmann told NOS. Within the judiciary, the wage gap is almost 8 percent on average. “It varies, but it can be as much as 10 percent. Those are significant amounts.”

Anyone who starts working as a judge or prosecutor gets scaled in based on their last earned salary. And that’s the problem, Vegter explained. “Everywhere in society you see that women work more often in social professions, including as lawyers. At a social institution, you earn less than someone with a commercial Zuidas salary. This inequality now continues when you move to the judiciary.”

The current scaling system is contrary to the constitution, a group of 138 judges, counselors, and judges in training recently wrote in a manifesto. They argue for a fixed remuneration system, setting a fixed salary for the different professions within the judiciary. “And if that’s not enough for you, then this is not the profession for you,” Vegter told NOS.