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.
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words. You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
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.
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.
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.
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.
Section 2.3. I would go further and say "to whom the constitution applies", inasmuch as citizens abroad can also benefit from constitutional provisions.
Section 2.3. The rights and freedoms set forth in this Constitution are enjoyed equally and without discrimination by every person in the territory of Scotland.
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.
Proposed Amendments to Section
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words.
You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
Original Version
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.
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.
Section 2.3. Good point.
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.
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.
Section 2.3. I would go further and say "to whom the constitution applies", inasmuch as citizens abroad can also benefit from constitutional provisions.
Section 2.3. religion or lack of religion
Section 2.3. So important to include this section.
Proposed Amendment to Section 2.3.
Simplification
Section 2.3. The rights and freedoms set forth in this Constitution are enjoyed equally and without discrimination by every person in the territory of Scotland.
Proposed Amendment to Section 2.3.
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.