Why earn 2,000 euros per month less? Female judges want fair compensation

More than 2,000 euros gross per month. Judge Eline Groenendaal earns so much less than her male colleague, despite twenty years of comparable experience. That is why she is not on the right chair on Thursday, but she and Bureau Clara Wichmann, a legal foundation for gender equality, and two other female judges as the plaintiff opposite the Dutch State at the College of Human Rights in Utrecht.

The women are fighting since 2018, and today a double: a collective case for all female judges and three individual procedures. With manifestos, WOO requests and reminder letters, they have tried to bring the pay gap to the attention for the past six years.

And there is that attention, it appears today: around fifty interested people, mainly female judges, are present as listeners. Not only the room is well filled, but also in an adjacent room the seat is followed via a live stream.

This case is about justice. We women became, and still, are unevenly rewarded in the judiciary

The commitment: Fair compensation for anyone who fell under the old salary system, which was later adjusted. Since 1994, the last -earned wage has been used as the basis for the salary of judges in training (RIOs), in order to attract people with relevant experience. The idea was that otherwise people from the business community could earn much more than in case law.

This system, for example, ensured that someone who worked on the Zuidas could earn much more than lawyers who came from the social law, and it meant that the pay gap between men and women was incorporated into case law. At the start of their education between 3.5 and 10 percent per year, female judges were paid less for the same work, according to research by Q-Intelligence.

Unjained work experience

Partly under pressure from earlier protests, the policy was adjusted as of July 1, 2023: everyone was classified on the basis of so -called unwanted work experience. Although that was not because of an unlawful system, the state states. « We don't want to deny the subjective experience of female judges, but we don't see any structural inequality. »

The claimants are not satisfied with the adjusted system. The new rules only apply to freshly incoming judges. Everyone who started before July 1, 2023 does not receive any compensation for the missing salary. And the women find that contrary to the principle of equal reward for equal work.

Groenendaal, present via a video connection: “This case is about justice. We women became, and still, are unevenly rewarded in the judiciary. It is unbelievable that the state does not recognize it and does not do everything on its own to put it right. What example do you give? ”

Judge and co-requirement Marlies Spooren agrees with this: “One of the reasons why I became a judge is because I believe in a just society, and for me it means that everyone should get the same opportunities. Equal wage for equal work is a fundamental principle of justice. « 

On the contrary, the system works neutral, does the state against, no distinction is made in Sekse: « Yes, judges are paid for the same work differently, but this works the same for men and women, » says the state representative. « Moreover, the policy was introduced in 1994 with the approval of all social partners. »

Impact

Although the College of Human Rights cannot make a binding statement, the judgment does have political and legal impact. The Commission only tests for discrimination and will not speak out about whether there should be compensation. Statements from the college are authoritative. Lawyer Astrid Helstone of Stibbe, who, together with her colleague Fiona Stewart, assists the Clara Wichmann and the female judges agency, says: “This is a starting point. A positive opinion from the college reinforces our case in court and is the first step towards a fair compensation for female judges and officers who are disadvantaged by the classification system. ”

Afterwards, the female audience gather, predominantly in a cheerful mood, at the toilets. « The state is going to have a hard time with this case, » says one of them with a broad smile.

It is not yet known when the college will make a decision.

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