Debate: The Dutch childcare benefit scandal, institutional racism and algorithms
Date: WEDNESDAY, 5 OCTOBER 2022
Speaker: Helena Dalli
Language: EN

Importantly, the anti-racism action plan acknowledges the structural dimension of racial discrimination. Racism is indeed not only perpetrated by individuals, but can also be perpetrated by society’s institutions. Structural racism can be embedded in social, financial and political structures and processes, affecting the levers of power and policymaking. We must therefore prevent racism through legislative means, as well as policy measures, addressing social attitudes, stereotypes and economic concerns.  Following the EU anti-racism action plan, Member States are invited to develop national action plans against racism and racial discrimination by the end of this year. A group of anti-racism experts nominated by Member States has already drafted the guiding principles for national action plans against racism and racial discrimination with the support of the EU Agency for Fundamental Rights. This development is important, as the guidelines elaborate ways in which anti-racism measures can be implemented successfully in different areas of life.  The next task of the subgroup includes drafting a monitoring checklist for the implementation of the Common Guiding Principles, as well as the creation of a compendium of good practices by the end of this year.  A workshop on structural racism with the participation of national anti-racism experts is planned for this coming November. It will deliver a conclusions paper on structural racism, including recommendations for national authorities. Moreover, the report on the application of the Racial Equality Directive of March 2021 concluded that Member States must provide greater attention to the implementation of the directive in relation to protection against victimisation and the application of effective, proportionate and dissuasive sanctions. National equality bodies across Europe are essential for ensuring that individuals and groups facing discrimination can enjoy their rights in full.  We are currently preparing new legislation to strengthen equality bodies, to be presented before the end of this year. The new standards will cover, amongst others, the equality bodies’ mandate, their powers, independence and their resources. The events that happened in the Netherlands, and any institutional racism or discrimination by the Dutch authorities in this context should be pursued in national courts and before the national authorities which are competent to assess all facts and circumstances, considering domestic law, including national legislation transposing EU law. The scandal revealed the risk of ethnic profiling following the gathering, storing and use of data on personal characteristics and background.  Therefore, it is critical that such data is protected against misuse and is used exclusively for equality outcomes with fundamental rights and data protection legislation informing the process of its gathering and storing.  The Commission services understand from the exchanges and from the information received that the racial profiling in question has ceased and that national reflection is currently ongoing. We understand that the investigations are also ongoing and compensation is being granted. However, the Commission will continue to monitor the development of the Dutch childcare benefit scandal closely.  The issue has been raised in the rule of law report of both 2021 and 2022. And in the 2022 edition the Commission recommended to continue efforts to ensure a comprehensive follow—up to the childcare allowances affair to address the potential structural issues involving all relevant state authorities.  Following the adoption of the EU anti-racism action plan, the Netherlands appointed a national coordinator on anti-racism and non-discrimination in October 2021. I hope that this appointment, as well as the preparation of the Dutch action plan against racism and racial discrimination, will step up efforts in the fight against any institutional racism in the Netherlands, not least with regard to the gathering, storing and use of personal data.