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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. Experience its wealth and depth of information by starting your search now.

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About 69 results

Jurisdiction and Access

Tuvalu, English

The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —
(a) section 14 (Parliamentary declaration of purpose); and
(b) Division 5 of Part II (Enforcement of the Bill of Rights);
(c) section 131 (constitutional interpretation),
and otherwise by law. (Sec. 5)

Jurisdiction and Access

Tuvalu, English

(1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
(a) with the leave of the Court of Appeal —
(i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or
(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
… (Sec. 136)

Jurisdiction and Access

Tuvalu, English

(1) The High Court has jurisdiction —
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part; and
(b) in relation to questions as to membership of Parliament - as provided by section 100 (questions as to membership of Parliament); and
(c) in relation to other questions as to the interpretation or application of this Constitution - as provided by section 131 (constitutional interpretation);
(d) in relation to appeals generally - as provided by section 132 (appellate jurisdiction of the High Court); and (e) in other matters - as provided for by sections 14(3) (which relates to the effect of Parliamentary declarations of purpose) and 133 (other jurisdiction, etc., of the High Court), and otherwise in this Constitution.
… (Sec. 130)

Jurisdiction and Access

Tuvalu, English

(1) Subject to subsection (2), the High Court has original jurisdiction to determine any question as to the interpretation or application of this Constitution.
(2) Where —
(a) any question as to the interpretation or application of this Constitution arises in any proceedings in a subordinate court; and
(b) that court is of the opinion that the question involves a substantial question of law, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court for determination. (Sec. 131)

Protection from Violence

Tuvalu, English

(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)

Protection from Violence

Tuvalu, English

Subject to the provisions of this Part, and in particular to —
(a) section 32 (foreign disciplined forces); and
(b) section 33 (hostile disciplined forces),
no-one shall —
(c) be tortured; or
(d) given inhuman or degrading punishment or treatment. (Sec. 19)

Protection from Violence

Tuvalu, English

(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —

(c) security for his person (see sections 18 and 19);
… (Sec. 11)

Participation in Public Life and Institutions

Tuvalu, English

(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall be treated in a discriminatory manner.

(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for -
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
… (Sec. 27)13

Status of International Law

Tuvalu, English

(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to –

(c) international conventions, declarations, recommendations and judicial decisions concerning human rights;
… (Sec. 15)

Status of International Law

Tuvalu, English

(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)