Everyone is equal before the law and entitled to equal protection of the law. No one will be prejudiced or favored because of their birth, race, sex, sexual orientation, marital status, age, color, disability, wealth, language, national origin, faith, religion, political opinion, or because of being pregnant. To promote equality, government may take legislative and other measures to protect or advance persons, or categories of persons, disadvantaged by discrimination.
A Plan for our Human Family
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I would suggest after “being pregnant” to clarify with “or expecting a child”. Discrimination exists as to all forms of expectant parents.
To me, “sex” is an act and gender is a more appropriate term. I agree with the comments related to the inclusion of gender identity.
Gender identity is not the same as sexual orientation. As a gay man, my gender identity is male. In contrast, a male to female transgender individual might have a heterosexual, homosexual, or bisexual orientation, but her gender identity would still be female. I would add “gender identity.” I would also add “or similar characteristic” as a catch-all to encompass immutable classifications future generations will recognize for which our generation lacks understanding or vocabulary.
At the same time, I question the inclusion of “political opinion.” Political opinion is very much a mutable characteristic. At least with respect to employment, I think discrimination on the basis of political opinion can be quite sensible. I don’t think the government should be required to hire people who advocate for the overthrow of the government, for example. Nor do I want police officers on the streets of my city who advocate white nationalism. Political opinion says a lot about a person’s character, so that private employers should also have the right to consider it in making employment decisions.
I also recommend the inclusion of “gender identity, and gender identity’s expression” as another and specific ground for discrimination. With the aim to include trans and non-binary people, which is one of the most targeted groups when it comes to direct, structural and cultural violence. Therefore, is fundamental to devote specific attention and inclusion of this community within this article
Thank you
This is an important point. Is the additional language you suggest included within “sexual orientation” That was the intent of this drafting. If you think additional language should be included, please explain how it would not be included by a judge, and provide specific wording as to how you think it should be written.
Thanks!
I propose that
“gender identity, including transgender status”
be added to the list of protected classes.
Thanks:)
Good point. Are these included within “sexual orientation”? Would you leave this in and add the two you suggest as well?
Thanks,
Kirk
Along with the elimination of many forms of discrimination, this Article will put women on equal footing with men. Every girl has the right, along with every boy, to be taught, believe and have in practice that they can do any job, and hold any position of power as a representative in government.