Huiskes, Brechtje

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Assistant Professor of Constitutional and Administrative Law
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0009-0001-6184-0412
Fields of Specialization
Aruban Constitutional Law
Administrative Law
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Last updated March 5, 2025
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Brechtje Huiskes has been a lecturer in the Faculty of Law at the University of Aruba since 2021. Additionally, Brechtje is a member of our Educational Committee, as well as a member of the Tienda di Ley committee and the PR committee of the faculty. She also serves as Vice-President of the complaints committee of the General Practitioners Association Aruba (HAVA klachtencommissie) and Secretary of the Foundation for Post-Academic Education.

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2023 - 20256
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Now showing 1 - 7 of 7
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    De overheidsaansprakelijkheid van het Koninkrijk der Nederlanden
    (Uitgeverij Paris, 2024) Huiskes, Brechtje; Huiskes, Brechtje
    https://www.uitgeverijparis.nl/nl/101-493_Fruta-di-nos-Hofi
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    Ensuring equal human rights enjoyment and protection in the Kingdom of the Netherlands
    (2023-07) Huiskes, Brechtje; Deogratias, Benedicta
    The UN Committee on the Elimination of Racial Discrimination recently expressed concerns about the ‘potential discrimination in the enjoyment of human rights by people of Aruba, Curacao and Sint-Maarten’ during the COVID-19 pandemic due to the conditionalities linked to the financial assistance of the Netherlands to the Dutch Caribbean. The agreed upon conditionalities called for the introduction of austerity measures within the Dutch Caribbean. Consequently, existing inequalities in the enjoyment of human rights in the different countries of the Kingdom are likely to increase. As a State the Kingdom of the Netherlands, comprised of the autonomous countries of Aruba, Curaçao, Sint-Maarten and the Netherlands, is primarily responsible for the implementation of treaties and protection of human rights within the Kingdom. The territorial application of human rights treaties can however be limited to certain parts of the Kingdom. At the same time, on the constitutional level, the Charter of the Kingdom of the Netherlands has delegated the implementation of human rights treaties to each individual country, whilst the Kingdom assumes a guarantee function (waarborgfunctie). This paper highlights how this constitutional set up contributes to existing structural inequalities in the enjoyment of human rights in different countries within the Kingdom of the Netherlands. By exploring existing constitutional tools and institutions, this paper additionally offers various ways to strengthen cooperation and equal participation between the countries of the Kingdom in their joint effort to ensure
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    De werking van dualistische spelregels in de Caribische landen
    (Boom Juridisch, 2025-02-28) Meijer, Hannah; Huiskes, Brechtje
    Dit artikel behandelt twee recente Arubaanse en Curaçaose voorvallen die te maken hebben met de vertrouwensrelaties tussen parlement en regering. De voorvallen worden in een breder perspectief van het parlementair systeem geplaatst. Er wordt ingegaan op de vertrouwensregel en het ontbindingsrecht, de invloed van politieke partijen en het vrij mandaat en de rol van de Statenvoorzitter. De auteurs concluderen dat zowel in Aruba als Curaçao blijkt dat de dualistische spelregels in het parlementair systeem niet optimaal functioneren.
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    "The Member's Tweets": does the use of social media by participants in the parliamentary debate necessitate a rethink of parliamentary immunity?
    (2024-07) Huiskes, Brechtje
    This paper discusses whether the use of social media by participants within the parliamentary deliberation should be occasion to rethink the legal design of parliamentary immunity. Parliamentary immunity, as laid down in each of the constitutions of the countries of the Kingdom of the Netherlands, provides that those who take part in the deliberations of parliament (either orally or in writing) do not face civil nor criminal liability for the communications expressed within this setting. Through social media, participants within the parliamentary deliberation can broadcast communications which are not primarily aimed at forming part of the parliamentary debate. This paper first examines through a doctrinal analysis of the applicable laws and case law whether such communications fall under the current scope of parliamentary immunity. Furthermore, through interviews with political stakeholders and anonymized online surveys of the voting public, it is explored whether there is a desire to include such communications under the ambit of parliamentary immunity in the digitized society of Aruba today.
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    Reassessing parliamentary immunity in the European and Caribbean parts of the Kingdom of the Netherlands: Does size matter?
    (2024-07) Huiskes, Brechtje
    This paper explores whether the parliamentary immunity as it pertains to the various representative democratic institutions within the Kingdom of the Netherlands should be modified to account for variations in size of the relevant community in which the public debate takes place. Parliamentary immunity, as laid down in each of the constitutions of the countries within the Kingdom of the Netherlands and also in assorted statutory laws, provides that the persons partaking in the parliamentary debate (either orally or in writing) do not face civil nor criminal liability for the communications expressed within this setting. This paper will first explore - through doctrinal research of laws and case law - the current regulation of immunity for democratic representatives on the municipal, provincial and national level of the country of the Netherlands as well as in the Caribbean countries and special municipalities within the Kingdom of the Netherlands. This paper will further examine whether balancing parliamentary immunity and its legitimate aims against the fundamental right of access to justice (art. 6(1) ECHR; art. 47 CFR), along with the particular vulnerabilities involved with public debate in a small society, warrants a revision of parliamentary immunity in (certain parts of) the Kingdom or the introduction of alternative procedures.
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