The prohibition of discrimination based on disability or sexuality in the constitution

The prohibition of discrimination based on disability or sexuality in the constitution

Discrimination based on disability or sexual orientation is now expressly prohibited. The Senate today approved an amendment to Article 1 of the Constitution. 56 senators voted in favor and 15 against.

The Senate has approved the proposal a second time and has now accepted it. A constitutional amendment must always be approved twice by the House of Representatives and twice by the Senate. Even for the second time, a two-thirds majority is required in both chambers.

Previously, Article 1 of the Constitution prohibited discrimination based on religion, belief, political opinion, race, gender or any other reason. But initiators D66, GroenLinks and PvdA consider it important to include disability and sexual orientation on this list as well.


“You can rightly call this day historic,” replies D66 MP Hammelburg, who helped defend the law in the Senate. “An obstacle or the person you fall in love with should never be a reason to be left out,” says PvdA member De Hoop. GroenLinks’ Bromet describes it as “an important step in the fight against discrimination.”

Besides these three parties, VVD, CDA, SP, ChristenUnie, PvdD, 50Plus, Fraction-Otten and OSF also voted in favor. SGP, PVV, FvD, Fraction-Nanninga and Fraction-Frentrop were against it.

The application was submitted in 2010 and was first discussed in 2019. The law has not yet been officially signed by the King and the responsible minister and published in the Official Gazette.

“It’s a historic victory for the rainbow community,” said COC chief Astrid Oosenbrug in the initial reaction. “Lhbti rights are finally proudly mentioned in Article 1 and will no longer be kept quiet,” Oosenbrug said.


Amending the constitution is not uncommon. Numerous constitutional amendments were made last year. For example, Dutch people living outside the Netherlands are required to be able to vote for the Senate.

A number of revision proposals are also on the table. One of these proposals concerns, for example, the king’s role in cabinet formation.

Source: NOS