Constitution for Scotland Public Consultation Hub

Section 2.3. The rights and freedoms set forth in this Constitution are enjoyed without discrimination on grounds of age, sex, race, colour, disability, impairment, language, culture, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-16 22:08:34

    Section 2.3. Section 2.3. The rights and freedoms set forth in this Constitution are enjoyed without discrimination on grounds of age, sex, race, colour, disability, impairment, language, culture, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

      • Caledonialan

        Section 2.3. Apart from disability and impairment (whatever the difference may be between the two), this reproduces Article 14 of the ECHR. If the ECHR is incorporated into the constitution and is to be interpreted in accordance with the case-law of the European Court of Human Rights, it would be necessary to look at that case-law to see whether it includes disability, impairment, sexuality and gender identity under "other status". If so, this section seems superfluous. If not, it would be better to specify that these are additions to the grounds of prohibited discrimination, rather that to write a provision which partly overlaps with that of the ECHR and could therefore give rise to confusion.

          • Sal

            Section 2.3. The phrasing of A14 of ECHR intro is a bit different, but mainly ECHR doesn't include disability or impairment (I agree it's probably unnecesary to specify both) or culture. Other than that the list is the same. I don't think it's superfluous, but very important to specify. I don't think it would cause confusion since it doesn't reference the ECHR but is its own list. Which you would expect to draw from work previously done rather than having to reinvent the wheel, and anyway, you'd need to add in those characteristics wherever you start from.

            No responses
      • DavidGreenlees

        Section 2.3. I don't understand why we need to specify every possible or conceivable basis of discrimination, which consequently leaves open the possibility of new, and therefore unspecified, bases for discrimination arising and which are thereby not covered by the Constitution. My proposed amendment below simplifies the wording while extending Constitutional protection to every person in the country.

          • Caledonialan

            Section 2.3. I would go further and say "to whom the constitution applies", inasmuch as citizens abroad can also benefit from constitutional provisions.

            No responses

Proposed Amendment to Section 2.3.

Proposed Amendment to Section 2.3.

Proposed Amendment to Section 2.3.

  • Caledonialan

    Non-discrimination not territorially limited

    Section 2.3. Section 2.3. The rights and freedoms set forth in this Constitution are enjoyed equally and without discrimination by every person in every situation to which it applies.

    2 votes  |  I agree 1 I disagree 1
    No responses

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