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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.
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Judicial Protection
Gambia
- English(1) If any person alleges that any of the provisions of sections 18 to 33 or section 36(5) of this Chapter has been, is being, or is likely to be contravened in relation to himself or herself by any person he or she may apply to the High Court for redress.
(2) An application may be made under this section in the case of a person who is detained by some other person acting on the detained person's behalf.
(3) An application under this section shall be without prejudice to any other action with respect to the same matter which is lawfully available.
(4) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of the said sections 18 to 33 or section 36(5), that court may, and shall if any party so requests, refer the question to the High Court, unless, in the opinion of the subordinate court, the raising of the question is merely frivolous or vexatious.
(5) The High Court shall—
(a) hear and determine any application made by any person pursuant to subsection (1) or (2);
(b) determine any question arising in the case of any person which is referred to it in pursuance of subsection (4)
and may, in addition to the powers conferred on it by section 5 (which relates to defence of the Constitution) make such order, issue such writ, and give such directions as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions of the said sections 18 to 33 or section 36(5) to the protection of which the person concerned is entitled:
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 alleged are or have been available to the person concerned under any other law.
…
(7) An Act of the National Assembly may confer on 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 the Court more effectively to exercise the jurisdiction conferred upon it by this section.
… (Sec. 37)
National Human Rights Bodies
Gambia
- English(1) The President shall appoint an Ombudsman and his or her Deputies in consultation with the Public Service Commission, subject to confirmation of the National Assembly within seven days of the presentation of the request:
Provided that where the National Assembly rejects a person nominated by the President, it shall not again reject the person nominated to replace him or her.
… (Sec. 164)
National Human Rights Bodies
Gambia
- English(1) Subject to the provisions of this Constitution, an Act of the National Assembly shall within six months of the coming into force of this Constitution establish the office of Ombudsman and provision for his or her functions and duties—
(a) in the investigation of any action taken by a government department or other authority, or other public body, to which the Act applies, being action taken in the exercise of the administrative functions of that department or authority, on a complaint by a member of the public who claims he or she has suffered injustice in consequence of maladministration or mismanagement, or discrimination on any ground set out in Chapter IV8, in connection with such action;
… (Sec. 163)
Political Rights and Association
Gambia
- EnglishEvery citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions—
(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) to vote and stand for elections at genuine periodic elections for public office, which elections shall be by universal and equal suffrage and be held by secret ballot;
… (Sec. 26)
Political Rights and Association
Gambia
- English(1) Every person shall have the right to—
…
(e) freedom of association, which shall include freedom to form and join associations and unions, including political parties and trade unions;
… (Sec. 25)
Political Rights and Association
Gambia
- English…
(4) In the composition of the Government, women shall be fairly represented.
… (Sec. 214)
Political Rights and Association
Gambia
- English(1) Every citizen of The Gambia being of eighteen years or older and of sound mind shall have the be right to vote for the purpose of elections of a President and members of the National Assembly, and shall be entitled to be registered as a voter in a National Assembly constituency for that purpose.
(2) Every citizen of The Gambia who is a registered voter shall be entitled to vote in a referendum held in accordance with this Constitution or any other law.
… (Sec. 39)
Political Rights and Association
Gambia
- English…
(2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities. (Sec. 28)
Political Parties
Gambia
- English(1) No association, other than a political party registered under or pursuant to an Act of the National assembly, shall sponsor candidates public elections.
(2) No association shall be registered or remain registered as a political party if-
(a) it is formed or organised on an ethnic, sectional, religious or regional basis;
(b) its internal organisation does not conform with democratic principles; or
(c) its purpose if to subvert this constitution or the rule of law.
(3) An Act of the National Assembly shall make provisions for the better implementation of this section. (Sec. 60)
Electoral Bodies
Gambia
- English(1) Subject to the provisions of this Constitution the Independent Electoral Commission shall be responsible for
(a) the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda;
… (Sec. 43)