Statement on the revision text N°7755 of the parliamentary committee on constitutional amendment
Rosa Lëtzebuerg asbl has issued a statement on the revision text N°7755 of the Parliamentary Institutional Commission. The focus was on Article 11 of Chapter II, which deals with fundamental rights.
We came to the conclusion that the thrust is the right one, but that Article 11 is too vague in places. Particularly from the perspective of the queer community, we miss the listing of possible motives for discrimination in section 2. This would have the advantage that rights that have been hard-won over many years cannot easily be undone by a future government by simply amending the law.
Moreover, the proposed constitutional amendment would cement the dual gender model for many years to come. Especially with regard to the efforts of the Ministry of Justice, which is currently examining the introduction of the third gender option, the constitution would already be obsolete before it can come into force.
However, the decision of the drafters to establish the right to found a family as an enforceable fundamental right is nothing less than a milestone. Not only would Article 9 of the Charter of Fundamental Rights of the European Union be incorporated into a national constitution for the first time, it would also serve as a model for other countries in Europe.
