From: "Thomas W. Holt Jr." Date: Tue, 3 May 1994 11:45:43 EST ------- Forwarded Message Follows ------- Date sent: Tue, 3 May 94 16:04:19 EZT From: Kees.Waaldijk@PUBR.RULIMBURG.NL Subject: UN Committee ruling on Tasmania To: Udo.Schuklenk@arts.monash.edu.au, queerplanet@casti.COM Udo Schuklenk asks whether Dutch courts have accepted that discrimination based on sexual orientation is covered by the prohibition of discrimination based on sex. No, as far as I know, no Dutch court ever said that. In most parts of Dutch law that is not necessary, because there is no doubt that discrimination based on sexual orientation as such is forbidden (art. 1 of the Constitution using the words "or any other ground whatsoever", and art. 429quater of the Penal Code using the words "heterosexual or homosexual orientation"). Politically it is more important to aknowledge that almost all anti- homosexual discrimination is a form of sex discrimination. The point was explicitly made in a non-binding motion passed by the lower chamber of the Dutch national parliament in 1978. The motion asked the government "to introduce a bill aimed against all types of discrimination on account of sex, including discrimination on account of homosexuality, and of discrimination on account of marital status" (Kamerstukken II, 1978/79, 14496, nr 22). See my article in: 13 Journal of Homosexuality (1986/1987), Nos. 2/3, p. 62. The Bill asked for has eventually led to a much broader General Equal Treatment Act, which will come into force on 1 September 1994, and which forbids discrimination on many grounds, including "heterosexual or homosexual orientation". Yours gaily, K e e s W a a l d i j k lecturer in public law (University of Limburg, Maastricht, Netherlands) specialising in law and homosexuality