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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
- EnglishAll persons that for an act or an omission, manifestly illegitimate, of an authority or of a particular [person], consider themselves gravely affected, or in imminent danger to become so in rights and guarantees consecrated in this Constitution or in the law, and that due to the urgency of the case may not be remedied through the ordinary way [via], may promote amparo before the competent magistrate.
The procedure will be brief, summary, gratuitous and of popular action for the cases specified by the law.
The magistrate will have the faculty to safeguard the right or guarantee, or to immediately restore[,] the infringed juridical situation.
… (Art. 134) - SpanishToda persona que por un acto u omisión, manifiestamente ilegítimo, de una autoridad o de un particular, se considere lesionada gravemente, o en peligro inminente de serlo en derechos o garantías consagradas en esta Constitución o en la ley, y que debido a la urgencia del caso no pudiera remediarse por la vía ordinaria, puede promover amparo ante el magistrado competente. El procedimiento será breve, sumario, gratuito, y de acción popular para los casos previstos en la ley.
El magistrado tendrá facultad para salvaguardar el derecho o garantía, o para restablecer inmediatamente la situación jurídica infringida.
... (Art. 134)
Judicial Protection
- English1. Everyone shall have the right to compensation for any harm done to him by any action of an organ of public authority contrary to law.
2. Statute shall not bar the recourse by any person to the courts in pursuit of claims alleging infringement of freedoms or rights. (Art. 77) - Polish1. Każdy ma prawo do wynagrodzenia szkody, jaka została mu wyrządzona przez niezgodne z prawem działanie organu władzy publicznej.
2. Ustawa nie może nikomu zamykać drogi sądowej dochodzenia naruszonych wolności lub praw. (Art. 77)
Judicial Protection
- English(1) An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases –
…
(d) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person;
… (Sec. 241)
Judicial Protection
- EnglishAll judges are responsible before the law for the slightest infringement of the rights of individuals as well as for deviation from the established order of procedure in that respect. (Art. 23)
- SpanishTodos los Jueces son responsables ante la ley, de la más pequeña agresión contra los derechos de las personas, así como por separarse del orden de proceder que en ella se establezca. (Art. 23)
Judicial Protection
- English
...
(2) The Public Defender of Rights may file a motion with the Constitutional Court of the Slovak Republic to initiate proceedings pursuant to Article 125, if a generally - binding regulation violates a basic human right or freedom granted to natural persons or legal entities.
… (Art. 151a) - Slovak
...
(2) Verejný ochranca práv môţe predloţiť Ústavnému súdu Slovenskej republiky návrh na začatie konania podľa čl. 125, ak všeobecne záväzný právny predpis porušuje základné právo alebo slobodu priznanú fyzickej osobe alebo právnickej osobe.
… (Čl. 151a)
Judicial Protection
- English(1) Anyone harmed by the actions of the Sovereignty Council or Cabinet may challenge the same before:
(a) The Constitutional Court, if the challenge is directed at any infringement of the constitutional order or constitutional freedoms, protections or rights.
(b) A court, if the challenge is directed at violation of the law. (Art. 20) - Arabic1 يجوز لكل متضرر من أعمال مجلس السيادة او مجلس الوزراء أن يطعن فيها امام:
ا. المحكمة الدستوريه إذا كان الطعن متعلقا بأي تجاوز للنظام الدستوري او الحريات او الحرمات او الحقوق الدستورية
ب. محكمة إذا كان الطعن متعلقاً بأي تجاوز للقانون. (الماده 21)
Judicial Protection
- English…
Citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law. (Art. 41) - Chinese…
由于国家机关和国家工作人员侵犯公民权利而受到损失的人,有依照法律规定取得赔偿的权利。(第四十一条 )
Judicial Protection
- English(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.
(2) In subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding.
(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act.
(4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act.
…
(6) In subsection (1)(b) “legal proceedings” includes—
(a) proceedings brought by or at the instigation of a public authority; and
(b) an appeal against the decision of a court or tribunal.
… (Human Rights Act 1998, Sec. 7)
Judicial Protection
- English1. If any person alleges that any of the provisions of sections 3 to 17 (inclusive)4 of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction-
a. to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
b. to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
and may make such declaration and 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 sections 3 to 17 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleges are or have been available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal, the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 17 (inclusive) of this Constitution, 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.
4. Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. There shall be such provision as may be made by Parliament for conferring upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 18)
Judicial Protection
- English...
(3) For the purposes of determining whether or not any law, matter or thing is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind, a court may have regard to-
(a) the provisions of this Constitution generally, and especially the National Goals and Directive Principles and the Basic Social Obligations; and
(b) the Charter of the United Nations; and
(c) the Universal Declaration of Human Rights and any other declaration, recommendation or decision of the General Assembly of the United Nations concerning human rights and fundamental freedoms; and
(d) the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and any other international conventions, agreements or declarations concerning human rights and fundamental freedoms; and
(e) judgements, reports and opinions of the International Court of Justice, the European Commission of Human Rights, the European Court of Human Rights and other international courts and tribunals dealing with human rights and fundamental freedoms; and
(f) previous laws, practices and judicial decisions and opinions in the country; and
(g) laws, practices and judicial decisions and opinions in other countries; and
(h) the Final Report of the pre-Independence Constitutional Planning Committee dated 13 August 1974 and presented to the pre-Independence House of Assembly on 16 August 1974, as affected by decisions of that House on the report and by decisions of the Constituent Assembly on the draft of this Constitution; and
(i) declarations by the International Commission of Jurists and other similar organizations; and
(j) any other material that the court considers relevant. (Sec. 39)