Guide for drafters of legislation enabling experimentation projects in society

Assistance for drafters of experimentation legislation

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Prohibition of discrimination

The criteria for determining the participants in an experiment must not be discriminatory. The Constitution contains a general equality provision and also, in section 6, subsection 2, a provision prohibiting discrimination. Under this subsection, no one shall, without an acceptable reason, be treated differently from other persons on the grounds of gender, age, origin, language, religion, conviction, opinion, health, disability or other reason that concerns his or her person. The grounds listed in the provision can be regarded to form the core of the prohibition of discrimination. However, the list is not intended to be exhaustive – it is also prohibited to treat someone differently from others on the basis of other personal characteristics. Such characteristics could be, for example, social status, wealth, participation in the activities of an association, family relations, pregnancy, legitimacy of a child, sexual orientation, and place of residence. 

The following section:

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