WILLEMSTAD – In 2025, hospitality business owners in Curaçao are still legally required to obtain special permission to hire female servers in their establishments—due to an outdated regulation from 1963. Article 53 of the “Vergunningslandsverordening” (Permit Ordinance) mandates written approval from authorities if a bar, café, or dance venue wants to employ women in service roles.
While this rule stems from a very different era, it remains legally binding and is still actively applied when granting hospitality licenses. However, legal experts argue the provision violates principles of equality and may not hold up in court.
Gender-Based Approval Requirement
The ordinance governs what are classified as “nuisance establishments,” including bars and dance clubs. Article 53 specifically states it is forbidden to employ women or minors in service roles without prior written permission from the competent authority. In practice, this means entrepreneurs must formally request permission to hire female waitresses or bartenders—something that often appears as a standard clause in official license notifications.
Legal Grounds Weakening
Legal expert and member of the Advisory Council (Raad van Advies), Jeff Sybesma, criticized the provision as legally indefensible. “In the context of modern anti-discrimination laws, a hospitality venue applying for a permit should not be required to request special permission to hire women,” Sybesma wrote in a recent opinion piece. “The rule is in conflict with the principle of equality and could easily be struck down by a judge.”
Sybesma cited a 2018 advisory opinion from the Raad van Advies, which concluded the rule is discriminatory. The Council noted that men and women perform the same functions, yet only women require special permission—a clear violation of Curaçao’s constitution and international treaties like the European Convention on Human Rights (ECHR), the International Covenant on Civil and Political Rights (ICCPR), and the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
The original intent of Article 53—preventing “undesirable practices”—has never been clearly defined. According to Sybesma, the clause appears rooted in outdated moral concerns, particularly the assumption that women in hospitality roles might lead to sexual solicitation.
Reform Efforts Stalled
An initiative to repeal Article 53 was submitted to Parliament in 2018 but quietly disappeared from the legislative agenda. Since then, no further action has been taken, despite shifting social norms and ongoing legal criticism.
Sybesma called for a broader overhaul of Curaçao’s legal system, pointing to other outdated laws still on the books—such as the 1883 Quarantine Ordinance and the 1921 law on contagious disease control—as examples of regulations in urgent need of modernization.
Still on the Books
For now, Article 53 remains part of the permitting process for bars and restaurants in Curaçao. But according to legal analysts, its days are likely numbered. The law stands on shaky legal ground and may soon be removed from the island’s statute books—either by legislative reform or judicial intervention.
