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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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Public Institutions and Services
South Sudan
- English…
4. All levels of government shall:
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c. provide maternity and child care and medical care for pregnant and lactating women.
… (Art. 16)
Status of the Constitution
South Sudan
- English1. It shall be the duty of every citizen to uphold and abide by this Constitution and respect the laws of South Sudan.
… (Art. 46)
Status of the Constitution
South Sudan
- English1. This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country.
2. The authority of government at all levels shall derive from this Constitution and the law.
3. The states’ constitutions and all laws shall conform to this Constitution. (Art. 3)
Status of the Constitution
South Sudan
- EnglishWe, the People of South Sudan, …
Do hereby, through this Southern Sudan Legislative Assembly, amend the Interim Constitution of Southern Sudan, 2005, which shall be adopted and hereafter referred to as the “Transitional Constitution of the Republic of South Sudan, 2011,” and shall be the supreme law by which the independent and sovereign South Sudan shall be governed during the Transitional Period, and undertake to abide by, respect and defend it. (Preamble)
Status of International Law
South Sudan
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3. All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of this Bill.12… (Art. 9)
Status of International Law
South Sudan
- English1. The functions of the [Human Rights] Commission shall be to:
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i. monitor compliance of all levels of government with international and regional human rights treaties and conventions ratified by the Republic of South Sudan;
… (Art. 146)
Women’s Rights
South Sudan
- English1. Women shall be accorded full and equal dignity of the person with men.
2. Women shall have the right to equal pay for equal work and other related benefits with men.
3. Women shall have the right to participate equally with men in public life.
4. All levels of government shall:
a. promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent13 as an affirmative action to redress imbalances created by history, customs, and traditions;
b. enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and
c. provide maternity and child care and medical care for pregnant and lactating women.
5. Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)
Composition and Appointment
South Sudan
- English1. There shall be established by the President of the Republic a Commission to be known as National Constitutional Review Commission within six months from coming into force of this constitution.
2. The President of the Republic shall, after consultation with the Political Parties, Civil Society and other stakeholders appoint the Chairperson, Deputy Chairperson and members of the Commission.
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5. The Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan in recognition of the need for inclusiveness, transparency and equitable participation. Each member of the Commission shall have the requisite competence and technical expertise and experience to contribute to fulfilling the mandate of the Commission.
6. The Commission shall review the Transitional Constitution and collect views and suggestions from all the stakeholders including any changes that may need to be introduced to the current system of governance.
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8. The Commission shall conduct a nation-wide public information programme and civic education on constitutional issues.
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(Art 202)
Jurisdiction and Access
South Sudan
- 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:
a. interpret constitutional provisions at the instance of the President, Government of South Sudan, any state government, or any of the two Houses of the National Legislature;
b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
c. have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of states at the instance of individuals, juridical entities or governments;
d. adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this Constitution or the constitutions of the states to the extent of the inconsistency;
e. be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the law;
f. have criminal jurisdiction over the President in accordance with Article 103 (2) herein;
g. have criminal jurisdiction over the Vice President, the Speakers of the National Legislative Assembly and the Council of States and the Justices of the Supreme Court;
h. review death sentences imposed by courts in respect of offences committed under the law;
i. receive appeals against decisions and judgments of the courts of appeal;
j. have original and final jurisdiction to resolve disputes between the states and between the National Government and a state in respect of areas of exclusive, concurrent or residual competences;
k. uphold and protect human rights and fundamental freedoms; and
l. have such other competences as prescribed by this Constitution and the law.
… (Art. 126)
Obligations of the State
South Sudan
- English1. The primary responsibilities of the National Government shall be, inter alia:
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e. ensuring the protection of the rights and interests of the people.
… (Art. 53)