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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Judicial Protection
- English(1) For the removal of doubts it is hereby declared that if any person alleges that any of the provisions of this Chapter4 has been, is being, or is likely to be contravened in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress by way of originating motion.
(2) The High Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (4),
and may, subject to subsection (3), make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of this Chapter to the protection of which the person concerned is entitled.
(3) The State Liability and Proceedings Act shall have effect for the purpose of any proceedings under this section.
(4) Where in any proceedings in any Court other than the High Court or the Court of Appeal any question arises as to the contravention of any of the provisions of this Chapter the person presiding in that Court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless in his opinion the raising of the question is merely frivolous or vexatious.
(5) Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal and shall be entitled as of right to a stay of execution of the order and may in the discretion of the Court be granted bail.
(6) Nothing in this section shall limit the power of Parliament to confer on the High Court or the Court of Appeal such powers as Parliament may think fit in relation to the exercise by the High Court or the Court of Appeal, as the case may be, of its jurisdiction in respect of the matters arising under this Chapter. (Sec. 14)
Judicial Protection
- EnglishA.- In constitutional matters, the Supreme Court rules in sovereign fashion over:
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2°) appeals on petitions for annulment, petitions to review validity and actions for damages arising from violations of these rights and freedoms prescribed in chapter III4 of the Constitution, and which are not referred to in subsection B of the present article.
… (Art. 90) - FrenchA. - En matière constitutionnelle, le Tribunal Suprême statue souverainement :
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2°) sur les recours en annulation, en appréciation de validité et en indemnité ayant pour objet une atteinte aux libertés et droits consacrés par le Titre III de la Constitution, et qui ne sont pas visés au paragraphe B du présent article.
… (Art. 90)
Judicial Protection
- English…
(2) The Supreme Court shall be presided over by the Chief Justice and shall hear and adjudicate upon appeals emanating from the High Court, including appeals which involve the interpretation, implementation and upholding of this Constitution and the fundamental rights and freedoms guaranteed thereunder. The Supreme Court shall also deal with matters referred to it for decision by the Attorney-General under this Constitution, and with such other matters as may be authorised by Act of Parliament.
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(4) The jurisdiction of the Supreme Court with regard to appeals shall be determined by Act of Parliament. (Art. 79)
Judicial Protection
- EnglishThe Constitutional Court of the Republic of North Macedonia:
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- protects the freedoms and rights of the individual and citizen relating to the freedom of conviction, conscience, thought and public expression of thought, political association and activity as well as to the prohibition of discrimination among citizens on the ground of sex, race, religion or national, social or political affiliation;
… (Art. 110) - MacedonianУставниот суд на Република Северна Македонија:
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- ги штити слободите и правата на човекот и граѓанинот што се однесуваат на слободата на уверувањето, совеста, мислата и јавното изразување на мислата, политичкото здружување и дејствување и забраната на дискриминација на граѓаните по основ на пол, раса, верска, национална, социјална и политичка припадност;
… (Член 110)
Judicial Protection
- English…
(2) An appeal shall lie from the decisions of the Court of Appeal to the Supreme Court as of right in the following cases –
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(c) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV7 of this Constitution has been, is being or is likely to be, contravened in relation to any person;
… (Sec. 233)
Judicial Protection
- English1. Every person has the right to apply to a court to defend his/her rights.
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3. The right to defence shall be guaranteed. Everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. The unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law.
… (Art. 31) - Georgian1. ყოველ ადამიანს აქვს უფლება თავის უფლებათა დასაცავად მიმართოს სასამართლოს.
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3. დაცვის უფლება გარანტირებულია. ყველას აქვს უფლება სასამართლოში დაიცვას თავისი უფლებებიპირადად ან ადვოკატის მეშვეობით, აგრეთვე კანონით განსაზღვრულ შემთხვევებში − წარმომადგენლისმეშვეობით. ადვოკატის უფლებების შეუფერხებელი განხორციელება და ადვოკატთა თვითორგანიზებისუფლება გარანტირებულია კანონით.
… (მუხლი 31)
Judicial Protection
- English
(1) The Constitutional Court shall commence the proceedings upon a petition submitted by:
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g) The Public Defender of Rights in cases of conformity of legal regulations pursuant to Article 125.1, if their further application could threaten the basic rights and freedoms ensuing from an international treaty ratified by the Slovak Republic and promulgated in the manner laid down by law.
... (Art. 130) - Slovak
(1) Ústavný súd začne konanie, ak podá návrh
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g) verejný ochranca práv vo veciach súladu právnych predpisov podľa čl. 125 ods. 1, ak ich ďalšie uplatňovanie môţe ohroziť základné práva alebo slobody alebo ľudské práva a základné slobody vyplývajúce z medzinárodnej zmluvy, ktorú Slovenská republika ratifikovala a ktorá bola vyhlásená spôsobom ustanoveným zákonom,
... (Čl. 130)
Judicial Protection
- English1. The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
2. The Supreme Court shall exercise competences as follows:
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k. uphold and protect human rights and fundamental freedoms;
… (Art. 126)
Judicial Protection
- English(1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right.
(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility.
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right.
(4) If the court is satisfied—
(a) that the provision is incompatible with a Convention right, and
(b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility.
(5) In this section “court” means—
(a) the Supreme Court;
(b) the Judicial Committee of the Privy Council;
(c) the Court Martial Appeal Court;
(d) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session;
(e) in England and Wales or Northern Ireland, the High Court or the Court of Appeal.
(f) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Chancellor of the High Court or a puisne judge of the High Court. (Human Rights Act 1998, Sec. 4)10
Judicial Protection
- English(1) In exercising judicial authority, members of the judiciary must be guided by the following principles—
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(c) the role of the courts is paramount in safeguarding human rights and freedoms and the rule of law.
… (Sec. 165)