Start discriminating
“All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on any other grounds whatsoever shall not be permitted.”
This is the first article of the Dutch constitution, and a sound, responsible, and righteous law. Not so, according to populist right-wing politician Geert Wilders; he wants the first article banished from the constitution. He claims that in practice, non-discrimination prohibits making a justified differentiation between entities. “Unequal cases should not have to be handled equally,” he says.
By eliminating the first article, Wilders tries to justify a differentiation before the law between non-Westerners, mainly Muslims, and Westerners. The first article is the only thing that stands in Wilders’ way to discriminate freely against immigrants, non-Westerners and Muslims in lawmaking and policies. Remember John Stuart Mill’s assertion that “the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others?”
Furthermore, Wilders has said he wants the Judeo-Christian and humanistic traditions and culture to be a part of the Dutch constitution and establish it as the dominant culture in a new first article.
Tradition and culture are two evolving and organic terms that cannot be included in something as static as a constitution. What we define as culture or tradition now, was entirely different in the centuries past and will be completely different in centuries to come.
In the Dutch constitution all persons in the Netherlands are equal; in Wilders’ view Westerners and Dutch natives are more equal than others. Now where have I heard that before?
Leave a Reply