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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.

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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.

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