twistedbronll t1_j4uace2 wrote
Reply to comment by censuur12 in Dutch Constitution to be amended to ban discrimination based on sexuality or disability by DutchBlob
This will for sure help if you sue for discrimination though. Also Laws are tested vs the constitution in the 1st chamber of parlement. And often used in debates in the 2nd chamber
RemcoProgrammer t1_j4uh2o2 wrote
There is nothing in law that says that the 1st chamber does that though.
censuur12 t1_j4ui4kx wrote
> This will for sure help if you sue for discrimination though.
No. Not in the slightest. The Judge literally cannot even take this into consideration. Only specific laws can be tested, not the constitution.
> Also Laws are tested vs the constitution in the 1st chamber of parlement. And often used in debates in the 2nd chamber
Correct. But this change in wording in no way changes the actual constitution or the laws derived from it. These matters were already as protected as they are going to get in that regard. Changing the wording here means nothing.
twistedbronll t1_j4uj3i9 wrote
>Changing the wording here means nothing.
Nah. Going from the 'others' category to being named specifically absolutely means something, Though largely symbolic.
>The Judge literally cannot even take this into consideration.
Technically true but a wrong interpretation imho.
The route for any law is 2nd chamber > 1st chamber > law > judge > jurisprudence.
The laws that the judge must use are very much influenced by the constitution as both 2nd and 1st chamber have an obligation to check laws vs the constitution. A power the 1st chamber used recently to force changes to unacceptably vague emergency corona laws.
Tl;Dr Dutch Constitutional change has a real effect but it has to be specified in laws first.
censuur12 t1_j4vfx2h wrote
And the point was, from the very start, that this was already set in our constitution. Re-wording the constitution like this changes nothing until actual laws are changed, which might happen based on this change, but those legal changes could have happened just as much without this amending of the constitution.
twistedbronll t1_j4vg66n wrote
Saying 'this changes nothing' is simply wrong
censuur12 t1_j4vgej5 wrote
But it's not. It might influence change later down the line, but by itself it's not going to affect much. Though if you know something I don't feel free to point out some specific change this is going to have by itself, I'd love to know.
twistedbronll t1_j4vi3te wrote
Given your poor imagination on how this matters makes me believe it does not matter what i tell you either way.
Especially gender issues, as of late, have been debated and discriminated on. Discussions and rulings possible because of the ambiguous wording of anti discrimination laws. Now there is precedent to (in a legal sense) fight existing laws.
Less room foor interpretation > more breathing room for gender changed people.
Laws that have previously been found to not infringe on the constitution might now be looked at again. People discriminated by companies may feel invited to speak out.
And lastly just telling these people that their plight matters.
censuur12 t1_j4vibvz wrote
> Given your poor imagination on how this matters makes me believe it does not matter what i tell you either way.
Yea wow, "I imagine having a normal conversation is pointless so I won't even try"? Why even post at all if you actually believe that? Spare me your pathetic excuses and stop wasting my time then.
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