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Discriminatory allocation procedure for allotment gardens

The chairman of an allotment garden association in the Dutch town of Helmond has come under fire as its regulations contain a controversial rule that a maximum of five plots can be rented by one single nationality.

According to the gardeners, the measure, which does not apply to those with Dutch nationality, is morally and legally unacceptable. The council in Helmond has also stated that the regulations are totally unacceptable.

‘You can call it unequal treatment.' 

Peter Rodrigues, Professor of Immigration Law at Leiden University, agrees with the council’s criticism. In Dutch newspaper De Gelderlander (€), he says: 'The regulations of the allotment association are in breach of Article 7 of the [Dutch] Equal Treatment Act which states that making a distinction based on nationality is prohibited. Exceptions are possible, but these don’t apply in this case. So the response from the council was correct. Otherwise, you’d be challenged for not preventing it.'

The chairman of the association has said the contested provision will be removed from the regulations.


Photo by Kenan Kitchen on Unsplash

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