Minister to ban religious symbols for law enforcement after State Council criticism

Justice Minister Foort van Oosten (VVD) will pursue a formal law to prohibit visible religious symbols, such as kippahs or headscarves, for special enforcement officers (boa's) following a sharply critical advisory from the Council of State.

The Council of State rejected the government’s first attempt to ban religious symbols through an administrative decree, known in Dutch law as a General Administrative Order (AMvB). The council said such a decree cannot be used because there is no law that currently allows it. In other words, Van Oosten cannot enforce the ban without first changing the law.

“The statutory basis for this decision is missing,” the Council of State said, noting that the proposal conflicts with constitutional protections for freedom of religion and belief. The council added that exceptions to these rights are allowed only if the minister can provide a strong, well-reasoned justification.

The Council of State also outlined procedural requirements for amending the law. Van Oosten must conduct a “thorough problem analysis,” explore less intrusive alternatives, and perform a comprehensive balancing of interests before implementing the prohibition.

A spokesperson for Van Oosten said the Ministry of Justice and Security will now work “with urgency to translate this into formal legislation.” The spokesperson emphasized that the minister remains committed to ensuring “professional and neutral boa's,” despite the Council of State’s criticism.

The proposal is part of a broader agenda initially supported by the now-dissolved coalition of PVV, VVD, NSC, and BBB. Former Justice Minister Dilan Yeşilgöz (VVD) had already planned a similar measure in the previous cabinet. At the time, the Netherlands Institute for Human Rights described the proposal as “stigmatizing and not effective.”