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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.
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Judicial Protection
Togo
- English… The Judicial Power is the guarantor of the individual freedoms and of the fundamental rights of the citizens. (Art. 113)
- French... Le pouvoir judiciaire est garant des libertés individuelles et des droits fondamentaux des citoyens. (Art. 113)
Judicial Protection
Botswana
- English(1) Subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive)2 of this Constitution has been, is being or is likely to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; or
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (inclusive) of this Constitution.
(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his or her opinion, the raising of the question is merely frivolous or vexatious.
(4) Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
… (Sec. 18)
Judicial Protection
Egypt
- EnglishAny violation of personal freedom, or the sanctity of the private life of citizens, or any other public rights and freedoms which are guaranteed by the Constitution and the Law is a crime. The criminal and civil lawsuit arising of such crime shall not abate by prescription. The affected party shall have the right to bring a direct criminal action.
The State shall guarantee fair compensation for the victims of such violations. The National Council for Human Rights may file a complaint with the Public Prosecution of any violation of these rights, and it may intervene in the civil lawsuit in favor of the affected party at its request. All of the foregoing is to be applied in the manner set forth by Law. (Art. 99) - Arabicكل اعتداء على الحرية الشخصية أو حرمة الحياة الخاصة للمواطنين، وغيرها من الحقوق والحريات العامة التي يكفلها الدستور والقانون، جريمة لا تسقط الدعوى الجنائية ولا المدنية الناشئة عنها بالتقادم،وللمضرور إقامة الدعوى الجنائية بالطريق المباشر.
وتكفل الدّولة تعويضا عادلا لمن وقع عليه الاعتداء، وللمجلس القومى لحقوق الإنسان إبلاغ النيابة عن أيّ انتهاك لهذه الحقوق، وله أن يتدخّل في الدّعوى المدنية منضماً إلي المتضرّر بناء على طلبه، وذلك كلّه على الوجه المبيّن بالقانون. (المادّة 99)
Judicial Protection
Ghana
- English(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.
(2) The High Court may, under clause (1) of this article, issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions on the fundamental human rights and freedoms to the protection of which the person concerned is entitled.
(3) A person aggrieved by a determination of the High Court may appeal to the Court of Appeal with the right of a further appeal to the Supreme Court.
… (Art. 33)
Judicial Protection
Malawi
- English...
2. Any person who claims that a right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled—
a. to make application to a competent court to enforce or protect such a right or freedom;
…
3. Where a court referred to in subsection (2)(a) finds that rights or freedoms conferred by this Constitution have been unlawfully denied or violated, it shall have the power to make any orders that are necessary and appropriate to secure the enjoyment of those rights and freedoms and where a court finds that a threat exists to such rights or freedoms, it shall have the power to make any orders necessary and appropriate to prevent those rights and freedoms from being unlawfully denied or violated.
4. A court referred to in subsection (2)(a) shall have the power to award compensation to any person whose rights or freedoms have been unlawfully denied or violated where it considers it to be appropriate in the circumstances of a particular case.
... (Sec. 46)
Judicial Protection
Nigeria
- English…
(6) The judicial powers vested in accordance with the foregoing provisions of this section –
…
(b) shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person;
… (Sec. 6)
Judicial Protection
South Sudan
- English…
4. This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)
Judicial Protection
Zimbabwe
- English(1) Any of the following persons, namely—
(a) any person acting in their own interests;
(b) any person acting on behalf of another person who cannot act for themselves;
(c) any person acting as a member, or in the interests, of a group or class of persons;
(d) any person acting in the public interest;
(e) any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.
… (Sec. 85)
Judicial Protection
Cabo Verde
- English1. Everyone shall have the right to request from the Constitutional Court, by a writ of amparo, the protection of his or her constitutionally recognized fundamental rights, liberties and guarantees, under the terms of the law and in accordance with the provisions contemplated in the following subparagraphs:
a) A writ of amparo may only be filed against acts or omissions of public authorities, that are injurious to the fundamental rights, liberties and guarantees, once all other means of ordinary appeal have been exhausted;
b) A writ of amparo may be requested through a simple petition; it would be of an urgent nature, and its procedure must be based on the principle of summary treatment.
2. All citizens shall have the right to demand, under the terms of the law, compensation for damages caused by the violation of their rights, liberties and guarantees. (Art. 20) - Portuguese1. A todos os indivíduos é reconhecido o direito de requerer ao Tribunal Constitucional, através de recurso de amparo, a tutela dos seus direitos, liberdades e garantias fundamentais, constitucionalmente reconhecidos, nos termos da lei e com observância do disposto nas alíneas seguintes:
a) O recurso de amparo só pode ser interposto contra actos ou omissões dos poderes públicos lesivos dos direitos, liberdades e garantias fundamentais, depois de esgotadas todas as vias de recurso ordinário;
b) O recurso de amparo pode ser requerido em simples peti- ção, tem carácter urgente e o seu processamento deve ser baseado no princípio da sumariedade.
2. A todos é reconhecido o direito de exigir, nos termos da lei, indemnização pelos prejuízos causados pela violação dos seus direitos, liberdades e garantias. (Art. 20)
Judicial Protection
Eswatini
- English…(2) The fundamental rights and freedoms enshrined in this Chapter6 shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Eswatini, and shall be enforceable by the courts as provided in this Constitution.… (Sec. 14)