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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.
Marriage and Family Life
- EnglishThe State guarantees the social, economic, and juridical protection of the family. It will promote its organization on the legal basis of marriage, the equal rights of the spouses, [the] responsible paternity and the right of the persons to decide freely the number and the spacing [espaciamiento] of their children. (Art. 47)
- SpanishEl Estado garantiza la protección social, económica y jurídica de la familia. Promoverá su organización sobre la base legal del matrimonio, la igualdad de derechos de los cónyuges, la paternidad responsable y el derecho de las personas a decir libremente el número y espaciamiento de sus hijos. (Art. 47)
Marriage and Family Life
- EnglishThe Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:
…
(xxi) marriage;
(xxii) divorce and matrimonial causes; and in relation thereto, parental rights, and the custody and guardianship of infants;
…
(xxiiiA) the provision of maternity allowances, widows’ pensions, child endowment, ... and family allowances;
… (Sec. 51)
Marriage and Family Life
- English(1) On and after the 14th day of June, 1978, no Court having jurisdiction under the laws of Sierra Leone shall, by virtue of the Colonial and Other Territories (Divorce Jurisdiction) Act, 1926 to 1950, have jurisdiction to make a decree for the dissolution of a marriage, or as incidental thereto to make an order as to any matter, unless proceedings for the decree were instituted before the commencement of this Constitution.
(2) Except as provided by subsection (1) and subject to any provision to the contrary which may be made on or after the commencement of this Constitution by or under any law made by any legislature established for Sierra Leone, all courts having jurisdiction under the laws of Sierra Leone shall on and after that day have the same jurisdiction under the said Acts as they would have had if this Constitution had not been passed.
(3) The reference in subsection (1) to proceedings for the dissolution of a marriage includes references to proceedings for such a decree of presumption of death and dissolution of marriage as is authorised by section 1 of the Matrimonial Causes Act, 1950. (Sec. 184)
Marriage and Family Life
- English
1. Children, the young, pregnant women and new mothers have the right to special protection by the state.
2. Children born out of wedlock have equal rights with those born within marriage.
… (Art. 54) - Albanian
1. Fëmijët, të rinjtë, gratë shtatzëna dhe nënat e reja kanë të drejtën e një mbrojtjeje të veçantë nga shteti.
2. Fëmijët e lindur jashtë martese kanë të drejta të barabarta me të lindurit nga martesa.
… (Neni 54)
Marriage and Family Life
- English
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
…
(4) 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, political opinions, colour, creed or sex 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 (1) of this section 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 the preceding subsection (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 applicable to persons of that description;
… (Sec. 15)5
Marriage and Family Life
- English
…
(2) Furthermore there is vested in him - apart from the powers assigned to him in accordance with other provisions of this constitution - authority:
…
d) on the petition of parents to declare illegitimate children legitimate.
… (Art. 65) - German
…
(2) Weiter stehen ihm - außer den ihm nach anderen Bestimmungen dieser Verfassung übertragenen Befugnissen - zu:
…
d) die Erklärung unehelicher Kinder zu ehelichen auf Ansuchen der Eltern.
… (Art. 65)
Marriage and Family Life
- 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
…
(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
… (Sec. 27)
Marriage and Family Life
- EnglishA family Code must be drawn up to ensure protection and respect for the rights of the family and to define procedures of the search for affiliation. Courts and other Government agencies charged with the protection of these rights must be accessible free of charge at the level of the smallest territorial division. (Art. 262)
- FrenchUn Code de la Famille doit être élaboré en vue d'assurer la protection et le respect des droits de la Famille et de définir les formes de la recherche de la paternité. Les Tribunaux et autres Organismes de l'Etat chargés de la protection de ces droits doivent être accessibles gratuitement au niveau de la plus petite Collectivité Territoriale. (Art. 262)
Marriage and Family Life
- English[The following] are of the domain of the law:
The rules concerning the following matters:
…
– … the capacity of persons, the matrimonial regimes, inheritance and gifts;
… (Art. 80) - FrenchSont du domaine de la loi:
Les règles relatives aux matières suivantes:
…
- … l’état et la capacité des personnes, les régimes matrimoniaux, les successions et les libéralités;
… (Art. 80)
Marriage and Family Life
- EnglishThe exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations; and, accordingly, it shall be the duty of every citizen-
…
d. to promote responsible parenthood;
… (National Objectives and Directive Principles of State Policy, XXIX)