The majority of the Dutch House of Representatives has voted to include the protection of LGBTIQ* rights in the Constitution.

Article 1 of the Dutch Constitution Grondwet voor het Koninkrijk demands that “everyone be treated equally in equal circumstances” and already prohibits any discrimination on the basis of religion, belief, political affiliation, race or gender.

Now the House of Representatives, the lower house of the Dutch parliament, has decided by 124 votes to 26 to include “disability” and “sexual orientation” in article 1. This is a big step “towards having our rights enshrined in the constitution”, explained Astrid Oosenbrug from the LGBTIQ* organisation COC.

The category “gender” includes protection against discrimination on the basis of gender characteristics, gender identity and gender expression and protects the rights of transgender and intersex people. Discrimination on the basis of sexual orientation is also prohibited under Dutch law, but only the inclusion in the Constitution will ensure that the rights of gays, lesbians and bisexuals are permanent. Therefore, according to Astrid Oosenbrug, this step

“Important for the future, to guarantee that we can still enjoy our hard-won rights in fifty or a hundred years’ time”.

Still some hurdles to be overcome before the constitution is amended
However, the decision of the House of Representatives is only one step in a long process. The proposal now goes to the Senate. If the Senate votes in favour, there will be another vote after the parliamentary elections in March 2021, which must be approved by a two-thirds majority. Only then can the constitutional amendment come into force.

Already second step for a queer coexistence within a short time

On behalf of the Ministry of Education, Culture and Science, the Transgender Netwerk Nederland (TNN), together with the Dutch knowledge institute for women’s rights and emancipation Atria, had developed the toolkit “onnodige sekseregistratie” (unnecessary registration of gender), which attracted international attention.

In Germany, there are currently also motions before the Bundestag to extend the ban on discrimination in Article 3 of the Grundgesetz (constitution). A new civil society campaign will also be launched at Global Pride and Pride Live on 27 June 2020.

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