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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.
Affirmative Action (Broadly)
- English1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
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3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision –
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aa. for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority;
ab. for a minimum number of candidates for election to the Rodrigues Regional Assembly to be of a particular sex, with a view to ensuring adequate representation of each sex in the Rodrigues Regional Assembly;
… (Sec. 16)
Affirmative Action (Broadly)
- English1. Lesotho shall adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. In particular, the State shall take appropriate measures in order to promote equality of opportunity for the disadvantaged groups in the society to enable them to participate fully in all spheres of public life. (Sec. 26)
Affirmative Action (Broadly)
- English(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
(3) For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
(4) Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
(5) Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. (Sec. 20)
Affirmative Action (Broadly)
- English1. All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
2. Without prejudice to clause (l) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
3. For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
4. Nothing in this article shall prevent Parliament from enacting laws that are necessary for-
a. implementing policies and programmes aimed at redressing social, economic, educational or other imbalance in society;
b. making such provision as is required or authorised to be made under this Constitution; or
… (Art. 21)
Affirmative Action (Broadly)
- EnglishThe requirements and procedures for designating public servants of the judiciary must involve a competitive merit-based examination, subject to challenge and social monitoring; parity between men and women shall be fostered.
… (Art. 176) - SpanishLos requisitos y procedimientos para designar servidoras y servidores judiciales deberán contemplar un concurso de oposición y méritos, impugnación y control social; se propenderá a la paridad entre mujeres y hombres.
… (Art. 176)
Affirmative Action (Broadly)
- English...
A. This Constitution recognizes and guarantees the right of indigenous peoples and communities to self-determination and, consequently, to the autonomy to:
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VII. Elect, in the municipalities with indigenous population, representatives to the ayuntamientos [local or town councils], observing the principle of parity of gender in accordance with the applicable norms.
The constitutions and laws of the federative entities recognize and regulate these rights in the municipalities, with the aim of strengthening the political participation and representation in accordance with their traditions and internal norms.
... (Art. 2) - Spanish...
A. Esta Constitución reconoce y garantiza el derecho de los pueblos y las comunidades indígenas a la libre determinación y, en consecuencia, a la autonomía para:
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VII. Elegir, en los municipios con población indígena, representantes ante los ayuntamientos, observando el principio de paridad de género conforme a las normas aplicables.
Las constituciones y leyes de las entidades federativas reconocerán y regularán estos derechos en los municipios, con el propósito de fortalecer la participación y representación política de conformidad con sus tradiciones y normas internas.
... (Art. 2)
Affirmative Action (Broadly)
- English
Election to the President and the Vice-president under this Constitution shall be so made as to have representation of different sex or community. (Art. 70)
- Nepali
यस संविधान बमोजिम राष्ट्रपति र उपराष्ट्रपतिको निर्वाचन फरक फरक लिंग वा समुदायको प्रतिनिधित्व हुने गरी गर्नु पर्नेछ । (धारा ७०)
Affirmative Action (Broadly)
- English…
(3) Access to public, civil, or military positions or dignities may be granted, according to the law, to persons whose citizenship is Romanian and whose domicile is in Romania. The Romanian State shall guarantee equal opportunities for men and women to occupy such positions and dignities.
... (Art. 16) - Romanian…
(3) Funcţiile şi demnităţile publice, civile sau militare, pot fi ocupate, în condiţiile legii, de persoanele care au cetăţenia română şi domiciliul în ţară. Statul român garantează egalitatea de şanse între femei şi bărbaţi pentru ocuparea acestor funcţii şi demnităţi.
… (Art. 16)
Affirmative Action (Broadly)
- EnglishThe State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals—
a. Gender Equality
To obtain gender equality through—
(i) full participation of women in all spheres of Malawian society on the basis of equal opportunities with men;
(ii) the implementation of the principles of nondiscrimination and such other measures as may be required;
… (Sec. 13)
Affirmative Action (Broadly)
- English
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
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(4) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
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(f) for the advancement of the more disadvantaged members of the community; or
(g) where persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
… (Sec. 15)2