Constitution of the Kingdom of Eswatini 2005
Marriage and Family Life
  • English
    (1) The fundamental human rights and freedoms of the individual enshrined in this Chapter9 are hereby declared and guaranteed, namely –

    (f) respect for rights of the family, women, children, workers and persons with disabilities.
    … (Sec. 14)
Marriage and Family Life
  • English
    (1) Men and women of marriageable age have a right to marry and found a family.
    (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
    (3) The family is the natural and fundamental unit of society and is entitled to protection by the State.
    (4) Motherhood and childhood are entitled to special care and assistance by society and the State.
    (5) Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
    (6) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly.
    (Sec. 27)
Marriage and Family Life
  • English

    (3) The child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents.
    (4) Children whether born in or out of wedlock shall enjoy the same protection and rights.
    (5) Children have the duty to respect their parents at all times and to maintain those parents in case of need.

    (7) Parliament shall enact laws necessary to ensure that ¬
    (a) a child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
    (b) a child is entitled to reasonable provision out of the estate of its parents;
    (c) parents undertake their natural right and obligation of care, maintenance and proper upbringing of their children;
    … (Sec. 29)
Marriage and Family Life
  • English
    For the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is abolished. (Sec. 31)
Marriage and Family Life
  • English
    (1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
    (2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)
Marriage and Family Life
  • English

    (5) The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.
    … (Sec. 60)
1

Constitution of the Kingdom of Swaziland Act 2005 (English). The country's name was changed from ""Swaziland"" to ""Eswatini"" in 2018. The Constitution has not yet been amended accordingly.

Links to all sites last visited 6 March 2024
2
Chapter IV on Citizenship.
3
Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
4
Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
5
Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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Chapter IX on Director of Public Prosecutions and the Commission on Human Rights and Public Administration.
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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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“Subject to the provisions of this Constitution − (a) each chamber of Parliament may make Standing Orders with respect to … (vii) the nomination or election of women in the House under section 95 …” (Sec. 121).
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“Subject to the provisions of this Constitution − (a) each chamber of Parliament may make Standing Orders with respect to … (vii) the nomination or election of women in the House under section 95 …” (Sec. 121).
13
Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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Chapter III on Protection and Promotion of Fundamental Rights and Freedoms.
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Chapter XIV on Traditional Institutions.