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Netherlands: Constitution Amended to Explicitly Prohibit Discrimination Based on Sexual Orientation or Disability library of Congress legal monitor
Netherlands: Constitution Amended to Explicitly Prohibit Discrimination Based on Sexual Orientation or Disability
On January 17, 2023, the Dutch Senate (Eerste Kamer), the upper house of the Dutch parliament, approved in a second reading an amendment to the constitutional principle of nondiscrimination to include sexual orientation and disability. The amendment was approved in a roll-call vote with 56 members of parliament (MPs) voting in favor and 15 MPs voting against. The House of Representatives (Tweede Kamer) had adopted the proposal on March 15, 2022. The amendment will enter into force immediately after publication in the Dutch gazette (Staatsblad). (Grondwet (Dutch Constitution) art. 139.)
Previously, the principle of nondiscrimination, which is codified in article 1 of the Constitution, explicitly prohibited only discrimination based on “religion, belief, political opinion, race, or sex or on any other grounds whatsoever.”
Furthermore, the Dutch Senate approved an additional motion requiring the government to submit to the State Commission on Discrimination and Racism (Staatscommissie discriminatie en racism) a proposal to rearrange the wording of article 1 of the Constitution so that the general prohibition (“discrimination on any grounds whatsoever”) is placed before the specific nondiscrimination grounds.
Background on the Constitutional Amendment Procedure
An amendment of the Constitution requires two readings of the proposed amendment in both the House of Representatives and the Senate. The first reading follows the standard legislative procedure, meaning a simple majority is required to adopt the proposal. A second reading in the House of Representative may take place only after parliamentary elections, so that voters may have an input. (Grondwet art. 137, para. 3.) At the second reading, a two-thirds majority of both houses is required to pass the bill. (Art. 137, para. 4.)
Jenny Gesley, Law Library of Congress
February 10, 2023
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Health Canada reports show private, for-profit clinics are upselling patients on extra services they don’t need. One Ontario patient says a private clinic had her sign off on additional services that cost her thousands and even tried to get her to have another surgery that she didn’t need. Watch The National live on YouTube Sunday-Friday at 9 p.m. ET
Saturday, December 31, 2022
On April 6, 2022, German Minister of the Interior Nancy Faeser issued a special decree allowing the public flying of pride flags in front of federal government buildings. This was the first time that such permission had been granted.
On April 6, 2022, German Minister of the Interior Nancy Faeser issued a special decree allowing the public flying of pride flags in front of federal government buildings. This was the first time that such permission had been granted.
Accordingly, on the Day Against Homophobia, which is celebrated on May 17, the pride flag was raised for the first time in front of federal government buildings in Berlin.
Content of the Decree
According to the decree, the pride flag may be flown on flagpoles of official buildings of federal authorities and agencies, as well as of buildings of public corporations, institutions, and foundations that are subject to federal supervision, to commemorate specific occasions, such as Christopher Street Day or “Pride Week.” Flying the pride flag is not possible on “regular general flagging days” or on days for which special flagging has been ordered.
The general flagging decree of the federal government defines the regular general flagging days and special flagging days, and specifies on which days what type of flagging must take place. On regular general flagging days— for example, the Day of Remembrance of the Victims of National Socialism on January 27, Labor Day on May 1, German Unity Day on October 3, and days that federal or European elections take place — flags are flown without special order. (Flagging decree sec. II.) On special flagging days, such as in times of mourning, the federal Ministry of the Interior issues a specific flagging order. (Sec. III.) Flags used are the German national flag, the flag of the European Union, the flags of the federal states and municipalities for regional and local occasions, and, with special permission, flags of international organizations or foreign states. (Sec. IV.)
Background to the Decision to Allow the Flying of Pride Flags
According to the German Federal Constitutional Court and article 22, paragraph 2 of the German Basic Law, the country’s constitution, the federal flag represents a state symbol. The federal flag and the federal colors black-red-gold represent unity, freedom, and democracy. The federal government stated in the special decree that “ensuring state neutrality is necessary to maintain the acceptance of state symbols among the population” and that, for this reason, permission to fly flags on federal buildings without a national or federal reference has not been granted previously. However, with regard to pride flags, the government’s point of view has always been controversial, especially in the LGBT community. According to LGBT activists, the flying of pride flags is an important symbol to promote LGBT acceptance.
Promoting awareness of and protecting sexual diversity is one of the priorities of the new German federal government, as stated in the coalition agreement of the governing parties (Sozialdemokratische Partei Deutschlands (SPD), Bündnis 90/Die Grünen, and Freie Demokraten (FDP)). The agreement sets out the priorities of the government for the legislative period from 2021 to 2025, and is titled “Seeking Progress – An Alliance for Freedom, Justice and Sustainability.” With regard to queer life, the coalition parties pledged to end existing discrimination against people on the basis of their sexual identity. (Coalition Agreement at 95.)
Regarding the decision to allow flying pride flags, the minister of the interior stated that “[Germany is] a modern and diverse country. It’s about time that we also show this more clearly as state institutions. We want to end discrimination against people on the basis of their sexual identity in all areas of society. We want to show solidarity with all those who are still forced to experience exclusion. The rainbow flag is such a worldwide-known symbol.”
Prepared by Karen Ungerer, Law Library intern, under the supervision of Jenny Gesley, Foreign Law Specialist
Tuesday, May 24, 2022
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France: Court Finds Government Failed to Live Up to Carbon Emissions Reduction Objectives February 3, 2021,
France: Court Finds Government Failed to Live Up to Carbon Emissions Reduction Objectives
As the preliminary step in bringing their lawsuit, the four NGOs sent a letter to the government alleging that the government had failed to live up to several environmental objectives contained in French regulations and European directives that should have been reached by 2020. These include the goals of a 14% reduction in greenhouse gas emissions, a 20% reduction in overall energy consumption, and a 23% increase in the share of renewable energy in French production. This letter was supported by an online petition that had been signed by close to 1.8 million people by the time the letter was sent to the government on December 18, 2018. The government did not respond to the letter, hence giving the plaintiffs standing to bring the lawsuit.
The four NGOs, acting collectively under the name “L’Affaire du Siècle” (“The Case of the Century”), alleged that the government’s inaction was causing environmental harm, which is a cause for liability under articles 1247 to 1252 of the French Civil Code. The administrative tribunal found that this environmental harm was demonstrated by, among other things, the constant increase in average global temperatures. The tribunal further identified a causal relationship between this environmental harm and the government’s failure to meet its emissions reduction commitments.
The four NGOs sought monetary damages from the government to, in the words of one of their attorneys, “reverse the financial incentive, [and] show the government that these procedures could cost it more than really pursuing these objectives.” However, the administrative tribunal denied this request, noting that the civil code provides for monetary damages in these types of cases only if the measures to repair the environmental harm are impossible or insufficient. The administrative tribunal ordered the government to pay each NGO one euro (about US$1.20) as a symbolic reparation for “moral prejudice.” More importantly, the tribunal acceded to the plaintiffs’ other main demand, which was to compel the government to take measures to repair or mitigate the environmental harm. To that effect, it gave itself two months to investigate what measures it might order the government to pursue, instructing the government to submit statements on the subject within that time frame. The administrative tribunal will render its final decision after this supplemental investigation.
This decision marks the first time that a French court has found the government liable for failing to fulfill its emissions reduction commitments, and it has been hailed as “historic” by the plaintiffs. However, this decision is comparable to one rendered by the Conseil d’Etat, France’s highest jurisdiction for matters of administrative law, on November 19, 2020. In that case, brought by the mayor of a coastal town that risks being submerged by rising seas, the Conseil d’Etat was also asked to judge whether the French government was doing enough to reach its goal of a 40% reduction in greenhouse gas emissions by 2030 compared to 1990. The Conseil d’Etat ruled against a motion to dismiss by the government, finding that the government could be found liable for failure to do enough to reach its emissions reduction goals. Contrary to the Administrative Tribunal of Paris in the “Case of the Century” decision, the Conseil d’Etat did not render a final judgment in the matter of whether the government was liable. Instead, it gave the government three months to show that it is taking sufficient actions to fight against climate change, after which the Conseil d’Etat will give its final judgment in the matter.