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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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Property, Inheritance and Land Tenure
Panama
- EnglishThe State shall protect the social and economic development of the family and shall organize the family homestead, determining the nature and amount of property that must constitute it, on the basis that it is inalienable and un-attachable. (Art. 62)
- SpanishEl Estado velará por el mejoramiento social y económico de la familia y organizará el patrimonio familiar determinando la naturaleza y cuantía de los bienes que deban constituirlo, sobre la base de que es inalienable e inembargable. (Art. 62)
Property, Inheritance and Land Tenure
United Kingdom of Great Britain and Northern Ireland
- EnglishEvery natural or legal person is entitled to the peaceful enjoyment of his possessions.
… (Art. 1 ECHR First Protocol, Human Rights Act 1998 Schedule 1)
Property, Inheritance and Land Tenure
South Sudan
- English1. Every person shall have the right to acquire or own property as regulated by law.
… (Art. 28)
Property, Inheritance and Land Tenure
Myanmar
- EnglishThe Union shall protect according to law movable and immovable properties of every citizen that are lawfully acquired. (Sec. 356)
- Burmeseနိုင်ငံတော်သည် နိုင်ငံသားများ၏ တရားဝင်ရရှိပိုင်ဆိုင်ထားသော ရွေ့ပြောင်းနိုင်သောပစ္စည်း၊ မရွေ့မပြောင်းနိုင်သောပစ္စည်းများနှင့် စပ်လျဉ်း၍ ဥပဒေအရ ကာကွယ်ပေးရမည်။ (ပုဒ်မ-၃၅၆)
Property, Inheritance and Land Tenure
Saint Lucia
- English(1) Subject to the provisions of subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
…
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed 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.
(4) Subsection (1) shall not apply to any law so far as that law makes provision—
…
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
… (Sec. 13)
Property, Inheritance and Land Tenure
Papua New Guinea
- EnglishNothing in Section 37 (protection of the law) or 53 (protection from unjust deprivation of property) invalidates a law that is reasonably justifiable in a democratic society that has a proper regard for human rights and that provides-
(a) for the recognition of the claimed title of Papua New Guinea to land where-
i. there is a genuine dispute as to whether the land was acquired validly or at all from the customary owners before Independence Day; and
ii. if the land were acquired compulsorily the acquisition would comply with Section 53(1) (protection from unjust deprivation of property); or
(b) for the settlement by extra-judicial means of disputes as to the ownership of customary land that appear not to be capable of being reasonably settled in practice by judicial means; or
(c) for the prohibition or regulation of the holding of certain interests in, or in relation to, some or all land by non-citizens. (Sec. 54)
Property, Inheritance and Land Tenure
Uganda
- English1. Land in Uganda belongs to the citizens of Uganda and shall vest in them in accordance with the land tenure systems provided for in this Constitution.
…
3. Land in Uganda shall be owned in accordance with the following land tenure systems-
a. customary;
b. freehold;
c. mailo; and
d. leasehold.
4. On the coming into force of this Constitution-
a. all Uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by Parliament; and
b. land under customary tenure may be converted to freehold land ownership by registration.
5. Any lease which was granted to a Uganda citizen out of public land may be converted into freehold in accordance with a law which shall be made by Parliament.
6. For the purposes of clause (5) of this article, "public land" includes statutory leases to urban authorities.
7. Parliament shall make laws to enable urban authorities to enforce and to implement planning and development.
8. Upon the coming into force of this Constitution and until Parliament enacts an appropriate law under clause (9) of this article, the lawful or bona fide occupants of mailo land, freehold or leasehold land shall enjoy security of occupancy on the land.
9. Within two years after the first sitting of Parliament elected under this Constitution, Parliament shall enact a law-
a. regulating the relationship between the lawful or bona fide occupants of land referred to in clause (8) of this article and the registered owners of that land;
b. providing for the acquisition of registrable interest in the land by the occupant. (Art. 237)
Property, Inheritance and Land Tenure
Pakistan
- EnglishEvery citizen shall have the right to acquire, hold and dispose of property12 in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest. (Art. 23)
- Urduدستور اور مفادِ عامہ کے پیشِ نظر قانون کے ذریعے عائد کردہ معقول پابندیوں کے تابع، ہر شہری کو جائیداد حاصل کرنے، قبضہ میں رکھنے اور فروخت کرنے کا حق ہوگا۔ (آرٹیکل۲۳)
Property, Inheritance and Land Tenure
Afghanistan
- EnglishProperty shall be safe from violation. No one shall be forbidden from owning property and acquiring it, unless limited by the provisions of law. ... (Art. 40)
- Dariملكیت از تعرض مصؤن است. هیچ شخص از كسب ملكیت و تصرف در آن منع نمی شود، مگر در حدود احكام قانون. ... (مادۀ ۴۰)
- Pashtoملكيت له تيري څخه خوندى دى. هېڅوك د ملكيت د ترلاسه كولو او په هغه كې له تصرف كولو څخه نه منع كېږي، مگر د قانون د احكامو په حدودوكې. (۴۰ ماده)
Property, Inheritance and Land Tenure
Tonga
- EnglishNo lease, sub-lease, transfer of a lease or of a sub-lease shall be granted—
(a) without the prior consent of Cabinet where the term is ninety-nine years, or less, or
(b) without the prior consent of Privy Council where the term is over ninety-nine years,
Provided that no consent shall be granted to a lease by a widow of the land of her deceased husband. (Clause 114) - Tongan‘E ‘ikai foaki ha lisi, toe lisi, fetongi ‘o ha lisi pe ‘o ha toe lisi —
(a) kae ‘oua kuo tomu‘a ma‘u ‘a e fakangofua ‘a e Kapineti ‘a ia ko e vaha‘a taimi lisi ‘oku ta‘u ‘e hivangofulumahiva pe si‘isi‘i ange ai, pe
(b) kae ‘oua kuo tomu‘a ma‘u ‘a e fakangofua ‘a e Fakataha Tokoni ‘a ia ko e vaha‘a taimi lisi ‘oku laka hake ‘i he ta‘u ‘e hivangofulumahiva;
Tuku kehe kuo pau he ‘ikai foaki ha fakangofua ki ha lisi ‘e ha uitou ki he kelekele ‘o hono husepaniti kuo pekia. (Kupu 114)