Na uitbreidende definities van ‘geslacht’ nu beperkende definities van ‘seksuele gerichtheid’ in de wet opnemen?

Abstract

This book chapter criticises the former Dutch government’s proposal to introduce a (limiting) definition of the ground ‘sexual orientation’ into Dutch anti-discrimination law. In Bill 36510 (of March 2024) the government proposes to define ‘sexual orientation’ (both in the Penal Code and in the General Equal Treatment Act) as: “sexual orientation – on the basis of consent and equality – towards people irrespective of the sex of those people”. One of the author’s points is that the word ‘irrespective’ seems to have the effect of excluding lesbian, gay and heterosexual orientations from protection against discrimination, thus offering only protection to bisexual or pansexual orientations. The proposal also ignores the fact that sexual orientation often is something between persons rather than towards persons (think of relationships, or kisses). And why would the self-evident limitation “on the basis of consent and equality” not need to be made explicit for other discrimination grounds, such as religion, belief and political opinion? Meanwhile, the author welcomes the proposal in the same Bill to insert the (widening) definition of the discrimination ground of ‘sex’ as including gender identity, gender expression and sex characteristics (which is already part of the General Equal Treatment Act) now also into the Penal Code.