Abstract
This research focuses on the relationship between identity-based personnel appointment policy at orthodox Protestant primary and secondary schools in The Netherlands and human rights. The most important explanatory factors for this relationship are the following. Firstly, there are interrelated conflicts between social, cultural, religious and legal norms within society and
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within orthodox Protestant schools. Next, this leads to a struggle on the interpretation of legal norms, within a multi-layered legal order, where a balance is sought between these conflicting norms. In order to come to this conclusion this research describes and explains the characteristics of and developments within orthodox Protestant communities and schools, the multi-layered legal order and identity-based personnel appointment policy of different denominations (pietist-reformed, reformed-liberated, orthodox protestant-Christian, and evangelical schools). Both in international, European and national law there are conflicting legal norms, specifically human rights of school boards and their personnel. Both the lawmaker and the judge need to strike a balance between these rights. The lawmaker is doing this within Dutch and European equal treatment legislation. When striking a balance between these rights there is no general hierarchy between these rights. The legislation results in unclear and open compromise or exception clauses. This is also the result of political and societal struggle. Such clauses cause confusion and differences in interpretation and are constantly debated. On the shop floor involved actors shape appointment policy which eventually the judiciary can judge. My research on legislation and jurisprudence demonstrates that it depends on the specific circumstances, the authority and the applicable legal framework how the balance between rights is struck. The conflicting legal norms with respect to identity-based personnel appointment policy are related to conflicting social, cultural and religious norms within society and within orthodox Protestant communities and schools. There is distinction between the practice of identity-based personnel appointment policy per denomination and the developments within denominations. The description of the policies on church membership requirements, identity and convictions display the differences between and within denominations. Also, the effects of developments like secularisation, evangelicalisation and modernisation are visible. Developments among pietist Reformed, orthodox Reformed and evangelicals have an effect within different school denominations. The pillarized structures and identity markers of these groups (in respect of one another) offer an explanation for conflicting social, cultural and religious norms within orthodox Protestant schools. There is growing internal diversity within orthodox Protestant communities which qualify as semi-autonomous social fields. The chance of conflicts within appointment policy is bigger as a result of growing internal diversity in religious, social and cultural norms. These collisions can also result from changing sexual norms among orthodox Protestants as a result of secularisation, modernisation and individualisation. In general, sexual ethics is an important identity marker for orthodox Protestants because they deviate from general secular-liberal norms in Dutch society. Again, the distinction between and among denominations is relevant, with respect to issues like homosexuality, unmarried cohabitation, divorce and adultery. Orthodox Protestant schools emphasise that they do not regard these topics in isolation but in connection to their convictions.
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