Presentation Proposal for a revision of the Constitution: social fundamental rights

Social fundamental rights must ensure that the powerful welfare state serves to provide its citizens with a dignified existence. How could these fundamental rights be modernised and strengthened?

Over the past year, 23 legal scholars and representatives of civil society organisations have been considering this question. The result: a Proposal for a constitutional revision of fundamental social rights – a renewed proposal to modernise and strengthen fundamental social rights.

The Draft will be presented to Rick Lawson, chair of the Netherlands Institute for Human Rights, on 23 October 2025 in the States Hall of the province of Groningen. The meeting will be opened by René Paas, King's Commissioner in Groningen.

Welfare state: grand social project or all-powerful government apparatus?

The Dutch welfare state is one of the largest social projects of the past century. But even today, people can still fall between the cracks of the multitude of regulations. Moreover, the welfare state creates an all-powerful government apparatus with far-reaching legal powers and digital clout. That apparatus can also turn against the people.

Social fundamental rights can help to combat these shortcomings. But so far, that potential has not been realised in the Netherlands. The legislator hardly ever refers to social fundamental rights. The courts are also reluctant to get involved. This is not only a consequence of the prohibition on reviewing laws against the Constitution that we have in the Netherlands. Social fundamental rights are also mostly formulated as vague policy objectives that citizens cannot invoke.

From vague policy mandates to citizens' rights

The Proposal for a constitutional revision of fundamental social rights wants to change this. In the proposal, social fundamental rights are formulated as citizens' rights. For example, a right to a minimum subsistence income is formulated. This helps the courts to lend a helping hand to citizens whose income falls below the social minimum as a result of government action, for example in the case of severe sanctions and recovery practices.

Citizens will also have the right to protection of their health. So, for example, if residents of a disadvantaged neighbourhood live next to a busy motorway and suffer from health problems due to air pollution, they will find it easier to enforce measures on the government through the courts. It is expected that, under the watchful eye of the courts, legislators and administrators will be more careful in dealing with the interests of citizens.

The government wants to lift the ban on testing laws against the Constitution, but social fundamental rights are excluded from this intention. The authors of the Proeve believe this is unjustified and that testing against the Constitution should apply to all fundamental rights.

Initiative by legal scholars and civil society organisations

The Proposal for a constitutional revision of fundamental social rights is both a thought experiment and a concrete draft. Suppose that a revision of social fundamental rights were to be pursued, what might those rights look like? At the same time, it is an actual draft of a constitutional revision with explanations in the tradition of the explanatory memorandum. In addition, reports on overarching themes have been included: how to prevent judges from overstepping their authority? How should fundamental rights be applied by professionals in their work, etc.?

The Proposal for a constitutional revision of fundamental social rights is an initiative of a number of legal scholars from various universities and representatives of civil society organisations, such as Grootouders voor het Klimaat (Grandparents for the Climate) and the Nederlandse Democratie Coalitie (Dutch Democracy Coalition). The constitutional revision relates to social fundamental rights in the areas of: legal aid, work, security of livelihood, a healthy environment, housing, health and democratic citizenship.

Practical information

• Presentation: Thursday 23 October 2025, 1.30 p.m. to 4.45 p.m., followed by drinks
• Location: Provincial Government Building Groningen, Martinikerkhof 12, Statenzaal
• Would you like to attend the meeting? Please register with Tom Kobes: t.kobes@rug.nl.
• The Proposal for a constitutional revision of fundamental social rights will also be made available online on 23 October 2025.