This deals with fundamental rights, liberties and national objectives. Part 1 and 2, regarding justice and state organisation respectively, have already been voted by majority, with a second vote pending. The ADR is certain they will vote against part 3, too, as ADR MP Fernand Kartheiser explained at a press conference on Tuesday.
Enshrining the right to a family in the constitution, meaning it would be enforceable through the courts, has never been done before, he says. Even the State Council had expressed concernes about this. There are no international legal precedents. “If everyone has the right to a family, it is like introducing the right to a child”, says Kartheiser. Some people would make use of a surrogate mother from a different country. This would result in an exploitation of women and commercialisation of the child, which would be “traded”.
The ADR also oppose putting national objectives into a constitution. It would amount to politicising the constitution, which should be applicable for decades, when no one can know if goals set today will still be current in 20 or 30 years. What if a party were to be elected which does not agree with these goals, asks Kartheiser. It should be able to govern with the mission that got it elected. The role of the constitution is to organise the State, not prescribe policies.
A further point the ADR disagrees with is the fact that the right to life was not centrally enshrined in the text. “This was consciously left out to avoid arguments around euthanasia and abortion”, says Kartheiser. But individual modalities could be dealt with through a law.
Lastly, the ADR finds that the article on the voting rights of foreigners is ambiguous. Depending on how it’s read, the article could give the Chamber of Deputies the option to determine who can vote on a referendum. For example, that foreigners would get a right to vote if they are directly affected. “We’re not saying this is bad”, says Kartheiser. “But it undermines the 2015 referendum.”
The reform has 4 parts in total, 2 of which have been accepted so far. Part 4, regarding the Chamber of Deputies and State Council, will be next.
RTL News: Zweet Kapitel iwwer Staatsform, Monarchie, Symboler a Regierung gouf ugeholl
RTL News: 3. Kapitel iwwer d’Rechter an d’Fräiheete gouf an der Chamber presentéiert
