Court Cases

» First GMS Court Case

JOHNSON vs. The NETHERLANDS

This Case is about the most basic form of equality, i.e. equal rights. Claimant is seeking equalization of pension rights between citizens of Holland and the Dutch Caribbean islands of Bonaire, St. Eustatius and Saba (‘BES’). This is about non-discrimination and equal social/ economic rights, i.e. equality for pensioners (which is argued in this case) and by extension equal child benefits and equal rent subsidies.

» Second GMS Court Case

ANON. VS THE NETHERLANDS

This Case also focuses on the most basic form of equality, i.e. equal rights. Claimant is seeking equalization of pension rights between citizens of Holland and the Dutch Caribbean islands of Bonaire, St. Eustatius and Saba (‘BES’). The theme and contents are the same as the First GMS Court Case, only this case will be brought to the European Court of Human Rights after exhausting local remedies.

» Third GMS Court Case

WINKLAAR vs. SELIBON

Summary. On Bonaire there is no Social Security yet for disability pension in case a person cannot work anymore due to illness. The case aims to obtain compensation for an employee who is unfit for work due to a work-related injury (not due to an accident).

» Fourth GMS Court Case

GOMEZ GARCIA vs. The NETHERLANDS

By means of a large set of rather complicated Laws and Regulations the Netherlands government has introduced and maintains a virtual form of ‘bonded labor’ for mostly Latin immigrants who have come to work on the islands of Bonaire, St. Eustatius and Saba.

» Fifth GMS Court Case

HANSEN vs. The NETHERLANDS

After the break-up of the former Netherlands Antilles there is no freedom of movement and residence anymore between the constituent islands. Neither is there freedom of movement for all Dutch nationals between the Netherlands and the former Neth. Antilles.

» Sixth GMS Court Case

ANON & GMS vs. SVB CURACAO

The Curaçao government recently adopted a law cutting the Old Age Pensions of non-residents by 10%. This basically is theft, because these pensioners always paid their premiums in accordance with the law. The fact that some of them have decided to go live abroad is no reason to cut their pensions. This law creates discrimination between residents and non-residents, who have paid exactly the same premiums.

» Seventh GMS Court Case

ANON vs. the NETHERLANDS

Disabled persons have more needs than ‘normal’ people. They have more expenses and even when they can work, they usually earn less than ‘normal’ people. On the basis of the General Principle of Autonomy, set out in art. 3 sub letter a) of the Convention on the Rights of Persons with Disabilities CRPD), persons with disabilities (especially those who cannot work to earn a living) should be entitled to a livable government allowance, which will make them autonomous. To maintain their autonomy, such an allowance should be seen as assistance by society to ‘compensate’ the disabled person (so to speak) for his disability. If such a person marries, for instance, he/she would not lose his/her allowance.

» Eighth GMS Court Case

ANON vs. Dutch Min. Social Affairs

The person discriminated against in this case is a 12-year old girl, Dutch national by birth, born in Curaçao. Her biological mother died when she was a small child. The girl (hereinafter: ‘EB’) was raised by a foster mother as though she (EB) was her own child, ever since she (EB) was a little baby. The foster mother was officially appointed by the Court as the legal custodian of EB.

» Ninth GMS Court Case

Fortunato vs Dutch State Secretary of Justice & Security

Court in First Instance Bonaire

Theme: Discrimination against foreign nationals and multiple violations
of human rights including children’s rights. No forced separation between
parents (or one parent) and children.

» Tenth GMS Court Case

ASOTEKO vs. Bonaire Government

The right to adequate housing is set out in art. 11 Int. Covenant on Economic, Social and Cultural rights. The Bonaire Government has accepted the responsibility to make sure all citizens shall have adequate housing. Nevertheless, when a citizen petitions the government to be granted a parcel of land-lease to build a home on, he is lucky if he gets it within 10 years. This wrong must be righted.

» Eleventh GMS Court Case

Velasco Parra vs. Kingdom of the Netherlands

Theme:Injustice against foreign nationals, specifically the illegality (i.e. violation
of human rights) of the ‘residence-gap rule’, which results in many foreign
nationals never (or only after many years – like 15 or more) receiving a permanent
residence permit. Violations of Art. 7 (degrading treatment), art. 8 section 2
(prohibition of servitude), art. 9, section 1 (right to liberty), art. 2,
section 3, sub letter a jo. art. 14 (due process and right to good
administration) and non-discrimination art. 26 of the ICCPR.

» Twelfth GMS Court Case

Muñoz Felix vs. Secretary of State for Security & Justice

VIOLATION OF FAIR TRIAL BY EXCESSIVE FORMALISM

The applicant’s petition was rejected, because the Dutch
government claims that her identity could not be determined
with 100% certainty. The fact that it could be determined
by 99% certainty or more, was ignored. The argument of nulla
poena sine culpa, meaning that even if her identity was in fact
false, this would be attributable to her parents, not to the
applicant herself, so that it is not equitable to punish her,
was also ignored. The Court judgments are a travesty of justice.

» Thirteenth GMS Court Case

Perea vs. Immigration and Minister of Social Affairs

Discrimination against foreign immigrants. Man recovering from
lung cancer complains about a great number of human rights violations,
which the Court rejects and/or would not even address.

» Fourteenth GMS Court Case

ASOTEKO vs. Bonaire Government 2

Petition to examine witnesses

This is a Civil Case supplementary to the Administrative Case (view Tenth GMS Court Case)

» Fifteenth GMS Court Case

APA Construction vs Minister Social Affairs

Is ​Work-accident Social Security Insurance being undermined by the Minister of Social Affairs
for reasons of economizing? This case rings the bell. There may not be enough hard evidence,
but there are enough indications to justify taking this issue to Court.

» Sixteenth GMS Court Case

ANON. vs. Ministry of Social Affairs

Essentially this case is about freedom vs. repression.
There is no illegality, but the government considers the conduct immoral.
The perceived immorality is not frivolous. The repression is.

» Seventeenth GMS Court Case

Koeks vs. Fundashon Cas Bonairiano (FCB)

FCB (local public housing foundation) should return ​to its policy of selling
their houses to the renters at preferential price. Since approx. 2012 FCB
only sells their houses to renters at market value price. This is not fair,
especially after the houses have been completely depreciated.

» Eighteenth GMS Court Case

Mercera vs. Ministry of Social affairs

​To complete their Old Age Pension (which is insufficient)
the Ministry supplements it with a social welfare benefit,
making it a bit less insufficient. But at the same time they
have effectively taken away their right to earn some extra
money with work, for if they do, they lose their supplement.
This legislation is clearly flawed. This case aims to correct this.

UNITED STATES OF ARCADIA

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Underneath the (International) Court Cases initiated by the ‘Golden Meand Society’ Foundation (GMS) as stepping-stones toward a New Planetary Civilization.

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