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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.
Citizenship and Nationality
- EnglishThe Nitijela may make provision by Act:
(a) for the acquisition of citizenship of the Republic of the Marshall Islands by registration in cases not falling within Section 2 of this Article;
(b) for the acquisition of citizenship of the Republic by naturalization;
(c) for depriving of citizenship of the Republic, consistently with Article II,3 any class of persons who are citizens of the Republic only by reason of provision made by Act pursuant to this Section;
(d) for depriving of citizenship of the Republic any class of persons who are citizens of the Republic and are or have become citizens of another country otherwise than by marriage; or
(e) for the express renunciation by any person of citizenship of the Republic. (Art. XI, Sec. 3)
Citizenship and Nationality
- English(1) Unless disqualified pursuant to paragraph (3) of this Section, any person who is not a citizen of the Republic of the Marshall Islands shall become a citizen by registration if, upon application, the High Court is satisfied either:
(a) that he has land rights; or
(b) that he has been resident in the Republic for not less than 3 years, and is the parent of a child who is a citizen of the Republic; or
(c) that he is of Marshallese descent, and that in the interests of justice his application should be granted.
... (Art. XI, Sec. 2)
Citizenship and Nationality
- English(1) A person who, immediately before the effective date of this Constitution, was a citizen of the Trust Territory shall on that date become a citizen of the Republic of the Marshall Islands, if he or either of his parents has land rights.2
(2) A person born on or after the effective date of this Constitution shall be a citizen of the Republic if:
(a) at the date of his birth, either of his parents is a citizen of the Republic; or
(b) he is born in the Republic and is not at his birth entitled to be or become a citizen of any other country.
… (Art. XI, Sec. 1)
Equality and Non-Discrimination
- English
(1) All persons are equal under the law and are entitled to the equal protection of the laws.
(2) No law and no executive or judicial action shall, either expressly, or in its practical application, discriminate against any person on the basis of gender, race, color, language, religion, political or other opinion, national or social origin, place of birth, family status or descent.
(3) Nothing in this Section shall be deemed to preclude non-arbitrary preferences for citizens pursuant to law. (Art. II, Sec. 12)
Limitations and/or Derogations
- English(1) No right secured by the Bill of Rights may be denied or abridged, whether directly through the imposition of force or penalty, or indirectly through the withholding of privilege or benefit.
… (Art. II, Sec. 18)
Limitations and/or Derogations
- EnglishThe enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (Art. II, Sec. 17)
Property, Inheritance and Land Tenure
- English
(1) Nothing in Article II6 shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.
(2) Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII,7 and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.
… (Art. X, Sec. 1)
Property, Inheritance and Land Tenure
- English
…
(3) The jurisdiction of the Traditional Rights Court shall be limited to the determination of questions relating to titles or to land rights4 or to other legal interests depending wholly or partly on customary law5 and traditional practice in the Republic of the Marshall Islands.
… (Art. VI, Sec. 4)
Protection from Violence
- English…
(3) No person shall be subjected to torture or to inhuman and degrading treatment, to cruel and unusual punishment, or to excessive fines or deprivations. (Art. II, Sec. 6)
Protection from Violence
- English(1) No person shall be held in slavery or involuntary servitude, nor shall any person be required to perform forced or compulsory labor.
… (Art. II, Sec. 2)