Constitution of the Republic of The Gambia 1996, as amended to 2018
Equality and Non-Discrimination
  • English

    The fundamental rights and freedoms enshrined in this Constitution, will ensure for all time respect for and observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations, gender, language or religion.
    … (Preamble)
Equality and Non-Discrimination
  • English

    (2) Every person in The Gambia, whatever his or her race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter3, but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 17)
Equality and Non-Discrimination
  • English
    (1) Women shall be accorded full and equal dignity of the person with men.
    (2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities. (Sec. 28)
Equality and Non-Discrimination
  • English
    (1) All persons shall be equal before the law.
    (2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
    (3) Subject to the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
    (4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status 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 (2) shall not apply to any law in so far as that law makes provision—

    (b) with respect to the qualifications prescribed by this Constitution for any office;
    (c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
    (d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
    (6) Subsection (3) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5).
    (7) The exercise of any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by the Constitution or any other law shall not be enquired into by any court on the grounds that it contravenes the provisions of subsection (3). (Sec. 33)
Equality and Non-Discrimination
  • English
    (1) The State shall endeavour to secure and promote a society founded on the principles of freedom, equality, justice, tolerance, probity and accountability.
    … (Sec. 216)
1

Constitution of the Republic of The Gambia 1996, as amended to 2018 (English). The constitutional review process in The Gambia is still ongoing.

Links to all sites last visited 6 March 2024
2
Chapter III on Citizenship.
3
Chapter IV on Protection of Fundamental Rights and Freedoms.
4
Chapter IV on Protection of Fundamental Rights and Freedoms.
5
According to subsection 2: “The State shall pursue policies to protect the rights and freedoms of the disabled, the aged, children and other vulnerable members of society and to ensure that such persons are provided just and equitable social opportunities.”
6
Chapter IV on Protection of Fundamental Rights and Freedoms.
7
Chapter IV on Protection of Fundamental Rights and Freedoms.
8
Chapter IV on Protection of Fundamental Rights and Freedoms.
9
Chapter IV on Protection of Fundamental Rights and Freedoms.
10
Chapter V on Representation of the People.