TRACK 4 • INSTITUTIONAL RESPONSE
Why Institutions Must Respond
8 min
When antisemitism is reported to an institution - a university, municipality, employer, or organization - the response (or lack of response) sends a powerful signal. Institutional silence in the face of antisemitism is not neutrality. It is complicity through inaction.
The Legal Obligation
Dutch institutions have legal obligations to address discrimination and create safe environments:
Employers: Under the Dutch Equal Treatment Act (Algemene wet gelijke behandeling) and the Working Conditions Act (Arbowet), employers must protect employees from discrimination and harassment, including antisemitism. Failure to act on reports can result in liability.
Educational institutions: Universities and schools have a duty of care toward students. The Higher Education and Research Act (WHW) requires institutions to provide a safe learning environment.
Municipalities: Local governments have obligations under the Municipal Act (Gemeentewet) to maintain public order and safety, including addressing hate-motivated incidents.
The Practical Case
Beyond legal obligations, there are compelling practical reasons for institutional response:
Deterrence: Visible institutional action against antisemitism deters future incidents. Visible inaction encourages them.
Trust: Jewish community members - employees, students, residents - need to trust that institutions will protect them. Each unreported or unaddressed incident erodes that trust.
Accuracy: Early institutional response when incidents are fresh yields better evidence and more accurate fact-finding. Delayed responses face faded memories and deleted evidence.
Escalation prevention: Unaddressed antisemitism tends to escalate. What begins as graffiti can progress to threats and eventually to violence if no institutional boundary is set.
Common Institutional Failures
Handelingsverlegenheid: The Dutch term for institutional paralysis - the inability to act due to uncertainty about what constitutes antisemitism, fear of being perceived as suppressing political speech, or lack of clear protocols.
Both-sides framing: Treating antisemitism as a "both sides" issue by equating the experience of Jewish targets with the grievances of those expressing antisemitism.
Deferral: Waiting for legal resolution before taking institutional action. Institutions can and should act under their own codes of conduct without waiting for criminal proceedings.
Minimization: Dismissing incidents as "jokes," "misunderstandings," or "isolated events" without investigation.
Every institution needs clear protocols, trained personnel, and the organizational will to act. The following guides provide frameworks for building this capacity.