Egbert Alejandro Martinas critical breakdown of the much celebrated Zwarte Piet ruling by an Amsterdam Court last week. Based on case law in the context of Article 8 of the ECHR a “fair balance” must be established, which, of course, leads to the well beaten path of ‘reasonable dialogue’, or ‘proportionate responses’—the desired modes to achieve a “fair balance.” Minister Asscher was quick to express the hope that the debate on the future role of Zwarte Piet is conducted in a “business-like manner.”And it’s now up to the Mayor to establish this “fair balance.” In order to achieve this, the Mayor of Amsterdam is expected to weigh the interests of the Black plaintiffs against the interests of ‘society at large’.The interest of Black people are, in effect, pitted against the interest of ‘the Dutch public’ (which align with the interests of the Foundation of Sinterklaas Parade Amsterdam). This move reaffirms the fact that Black people are in civil society but not of civil society.
Posted on: Thu, 10 Jul 2014 10:31:21 +0000
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