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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.
Equality and Non-Discrimination
- English(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex 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 that 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 that is the personal law of persons of that description; or
(d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, birth out of wedlock, political opinions or affiliations, colour, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.
(6) Subsection (2) shall not apply to anything that is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) or (2) to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14, being such a restriction as is authorised by section 9(2), 11(5), 12(2) or 13(2) or, as the case may be, paragraph (a), (b), or (h) of section 14(3).
(8) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under any law.
(9) Nothing in subsection (2) shall apply in relation to the exercise of any function vested in any person or authority by any of the provisions of this Constitution except sections 78(1), 79(2), 80(1), 81(1), 82(1), 83 and 85 (which relate to the appointment etc. of public officers). (Sec. 15)
Equality and Non-Discrimination
- EnglishWomen and men shall have the same rights and duties in all areas of family, political, economic, social and cultural life. (Sec. 17)
- TetumFeto no mane iha direitu no obrigasaun hanesan iha moris família, kulturál, sosiál, ekonómiku no polítiku nia laran. (Art. 17)
- PortugueseA mulher e o homem têm os mesmos direitos e obrigações em todos os domínios da vida familiar, cultural, social, económica e política. (Art. 17)
Equality and Non-Discrimination
- English(1) The Social Order of the State shall be founded on the ideals of Freedom, Equality and Justice.
(2) In furtherance of the Social Order—
a. every citizen shall have equality of rights, obligations, and opportunities before the law, and the State shall ensure that every citizen has an equal right and access to all opportunities and benefits based on merit;
…
c. the Government shall secure and maintain the independence, impartiality and integrity of courts of law and unfettered access thereto, and to this end shall ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and that opportunities for securing justice are not denied any citizen by reason of economic or other disability.
… (Sec. 8)
Equality and Non-Discrimination
- 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, or
(f) disability; or
(g) sex
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.
(3) Subsection (2) does not apply to a law so far as it makes provision —
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(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter, in accordance with the personal law, beliefs or customs of any person or group; or
(e) in relation to land; or
(f) by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
(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).
(5) Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
(6) Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by —
(a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms),
to the extent authorized by that section.
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances,
shall be considered to be inconsistent with subsection (2).
(8) Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
(a) if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
(b) to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date. (Sec. 27)
Equality and Non-Discrimination
- EnglishThe Bolivarian Republic of Venezuela is irrevocably free and independent, basing its moral property and values of freedom, equality, justice and international peace on the doctrine of Simon Bolivar, the Liberator. … (Art. 1)
- SpanishLa República Bolivariana de Venezuela es irrevocablemente libre e independiente y fundamenta su patrimonio moral y sus valores de libertad, igualdad, justicia y paz internacional, en la doctrina de Simón Bolívar, el Libertador. … (Art. 1)
Equality and Non-Discrimination
- English...
2. The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
... (Art. 3) - Catalan...
2. La Constitució garanteix els principis de legalitat, de jerarquia, de publicitat de les normes jurídiques, de no retroactivitat de les disposicions restrictives de drets individuals o que comportin un efecte o estableixin una sanció desfavorables, de seguretat jurídica, de responsabilitat dels poders públics i d'interdicció de tota arbitrarietat.
... (Art. 3)
Equality and Non-Discrimination
- English...
5. In adjudicating cases of both civil and criminal nature, the courts shall, subject to the law, apply, inter alia, the following principles:
a. justice shall be done to all irrespective of their social, political or economic status, gender, religion or beliefs;
… (Art. 122)
Equality and Non-Discrimination
- English
Each Beninese has the duty of respect for and consideration of his fellow [man] without any discrimination and of maintaining with others relations that permit the safeguarding, the reinforcing, and the promotion of reciprocal respect, dialogue and tolerance with a view to peace and to national cohesion. (Art. 36)
- French
Chaque béninois a le devoir de respecter et de considérer son semblable sans discrimination aucune et d'entretenir avec les autres des relations qui permettent de sauvegarder, de renforcer et de promouvoir le respect, le dialogue et la tolérance réciproque en vue de la paix et de la cohésion nationale. (Art. 36)
Equality and Non-Discrimination
- EnglishPeople are equal in human dignity, and citizens are equal before the law in public rights and duties. There shall be no discrimination among them on the basis of sex, origin, language, religion or creed. (Art. 18)
- Arabicالناس سواسية في الكرامة الإنسانية، ويتساوى المواطنون لدى القانون في الحقوق والواجبات العامة، لا تمييز بينهم في ذلك بسبب الجنس أو الأصل أو اللغة أو الدين أو العقيدة. (المادّة 18)
Equality and Non-Discrimination
- EnglishThe Supreme Court of the Republic of Croatia, as the highest court of law, shall ensure the uniform application of laws and equality of all before the law.
… (Art. 116) - CroatianVrhovni sud Republike Hrvatske, kao najviši sud, osigurava jedinstvenu primjenu prava i ravnopravnost svih u njegovoj primjeni.
… (Članak 116)