THE HAGUE – The likelihood of the Netherlands trying to influence the governments of Curaçao, Aruba, and Sint Maarten through the Kingdom Council of Ministers to uphold the rights of same-sex couples is highly improbable, according to State Secretary Alexandra Van Huffelen. The statutory barriers for such intervention, she believes, are too high. This stance is apparent in her response to a letter from an Aruban citizen to the Parliament. The minister mentioned engaging in "encouraging" talks with the governments and closely monitoring Curaçao and Aruba's legal challenge to the Supreme Court against the introduction of 'same-sex marriage'. 

In her reply, State Secretary Van Huffelen expresses deep regret that marrying a chosen partner is not universally possible within the Kingdom, given the autonomous status of the four countries. Article 43, paragraph 1, of the Statute emphasizes each country's responsibility for ensuring fundamental human rights, legal certainty, and good governance. 

The Kingdom's involvement is warranted only when a country struggles to implement these principles, utilizing the safeguard function as a last resort. Mere shortcomings of a national body do not immediately justify Kingdom intervention; it requires a situation where the country itself cannot address an unacceptable circumstance. Considering ongoing legal proceedings at the Supreme Court and the proposed legislative initiative, Van Huffelen believes this is currently not applicable. 

Treaty obligations also bind the countries within the Kingdom, as evident from the European Court of Human Rights jurisprudence. If states do not open marriage to same-sex partners, they have a positive obligation to provide a full, legally anchored alternative. Aruba has taken initial steps in this direction, and Van Huffelen commits to encouraging Aruba to offer this comprehensive alternative.