In the US, there are limits to all of our constitutional rights. Laws that limit these rights must pass constitutional muster. Different rights have different t

In the US, there are limits to all of our constitutional rights. Laws that limit these rights must pass constitutional muster. Different rights have different tests the laws must pass. Generally speaking, in a challenge of constitutionality, the state has to show its interest meets a certain threshold, an "adequate reason" you could say. (FYI This is a limited and simplified element of constitutionality.) I don't know much about the legal system of the Netherlands, so take this with a grain of salt, but I don't think it is fair to come to the conclusion that this doesn't create a right because of the limit on it. However, if the law allows employers to define "adequate reasons" themselves, then I agree the whole thing is illusory, but I do not know that to be the case here. Fun fact: Roe v. Wade, when it was the precedent, explicitly mentioned the government's interests in protecting women's health and protecting prenatal life as a reason for limitation (the "adequate reason"). The law in the case was a carte blanc ban on abortion, which almost by definition, didn't balance any legitimate interests and was thus found unconstitutional.