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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.
Judicial Protection
- EnglishThe Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)
Judicial Protection
- English
(1) The High Court has jurisdiction-
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part;
… (Sec. 133)
Judicial Protection
- English(1) This section is in addition to, and not in derogation of, Section 57 (enforcement of guaranteed rights and freedoms).
(2) A person whose rights or freedoms declared or protected by this Division are infringed (including any infringement caused by a derogation of the restrictions specified in Part X.5 (internment)) on the use of emergency powers in relation to internment is entitled to reasonable damages and, if the court thinks it proper, exemplary damages in respect of the infringement.
(3) Subject to Subsections (4) and (5), damages may be a awarded against any person who committed, or was responsible for, the infringement.
… (Sec. 58)
Judicial Protection
- English(1) If a person considers that any of the provisions of this Chapter8 has been or is likely to be contravened in relation to him or her (or, in the case of a person who is detained, if another person considers that there has been, or is likely to be, a contravention in relation to the detained person), then that person (or the other person) may apply to the High Court for redress.
(2) The right to make application to the High Court under subsection (1) is without prejudice to any other action with respect to the matter that the person concerned may have.
(3) The High Court has original jurisdiction—
(a) to hear and determine applications under subsection (1); and
(b) to determine questions that are referred to it under subsection (5), and may make such orders and give such directions as it considers appropriate.
(4) The High Court may exercise its discretion not to grant relief in relation to an application or referral made under this section if it considers that an adequate alternative remedy is available to the person concerned.
(5) If in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of this Chapter, the member presiding in the proceedings may, and must if a party to the proceedings so requests, refer the question to the High Court unless, in the member’s opinion (which is final and not subject to appeal), the raising of the question is frivolous or vexatious.
… (Sec. 44) - iTaukei(1) Ke dua na tamata e vakabauta ni dua na nona dodonu e virikotori ena Wase qo e sa vakaleqai se rawa ni vakaleqai (se, ke dua e vesu tiko, ka vakabauta e dua tale na tamata ni rawa ni vakaleqai na nona dodonu na tamata e vesu tiko) na tamata qo (se na tamata e vesu tiko) e rawa ni kerea na Mataveilewai e Cake me dikevi na tabana qo.
(2) Na dodonu ni kena kerei ena Mataveilewai e Cake me dikeva na kena vakaleqai na dodonu ni tamata me vaka e virikotori ena wasetiki (1), ena sega ni tarova na nona dodonu na tamata qo ena vuku ni so tale na veivuke vakalawa e tiko me baleti koya.
(3) Na Mataveilewai e Cake e tu vua na kaukauwa—
(a) me rogoca ka vakatulewataka ena nona kudru e dua e vakaleqai na nona dodonu me vaka e virikotori ena wasetiki (1); kei na
(b) kena vakatulewataki na vakatataro a kau cake mai ena wasetiki (5); ka rawa ni solia na ivakaro kei na ivakasala e matau.
(4) Na Mataveilewai e Cake e rawa ni vakatulewa vakamatau me kua ni vakadonuya na kerekere e biu cake yani, se e yavutaki ena wasetiki qo kevaka e vakabauta ni tiko tale e dua na iwali e rawa ni vakayagataki.
(5) Kevaka e rogoci ena dua na mataveilewai lalai e so na vakatataro me baleta na kena saqati na veitikina e so ena Wase qo, sa nona itavi na Daunilewa me vagolea na vakatataro i na Mataveilewai e Cake, se ena nona kerekere e dua na ilawalawa i na kisi, na mataveilewai lalai e rawa ni vagolea na vakatataro i na Mataveilewai e Cake. Ia, na vagolei ni vakatataro i na Mataveilewai e Cake ena sega ni vakayacori kevaka ena nona nanuma na Daunilewa (ka na sega ni rawa ni rogoci tale na nona vakatulewa) kevaka na taro e vinakati me vagolei ena Mataveilewai e Cake e vaqitoqito se veivakacudrui.
… (Sec. 44)
Judicial Protection
- English
(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies),
all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(2) Any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made.
(3) Subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(4) A law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the High Court or some other court prescribed for the purpose by or under an Act of Parliament.
(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu; and
(b) law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and
(c) international conventions, declarations, recommendations and judicial decisions concerning human rights; and
(d) the Charter of Duties and Responsibilities; and
(e) any other matters that the court thinks relevant.
(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by a resolution of Parliament supported
by the votes of two-thirds of the total membership as one which should be eliminated. (Sec. 15)
Judicial Protection
- English(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)
Judicial Protection
- English
An Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division. (Sec. 42)
Judicial Protection
- English
(1) A right or freedom referred to in this Division6 shall be protected by, and is enforceable in, the Supreme Court or the National Court or any other court prescribed for the purpose by an Act of the Parliament, either on its own initiative or on application by any person who has an interest in its protection and enforcement, or in the case of a person who is, in the opinion of the court, unable fully and freely to exercise his rights under this section by a person acting on his behalf, whether or not by his authority.
(2) For the purposes of this section-
(a) the Law Officers of Papua New Guinea; and
(b) any other persons prescribed for the purpose by an Act of the Parliament; and
(c) any other persons with an interest (whether personal or not) in the maintenance of the principles commonly known as the Rule of Law such that, in the opinion of the court concerned, they ought to be allowed to appear and be heard on the matter in question, have an interest in the protection and enforcement of the rights and freedoms referred to in this Division, but this subsection does not limit the persons or classes of persons who have such an interest.
… (Sec. 57)
Judicial Protection
- English
…
(3) All Courts in Tuvalu shall consider the Charter of Duties and Responsibilities when dealing with any issues arising from the application of the rights and freedoms enshrined in this Constitution.
… (Sec. 43)
Judicial Protection
- English(1) This Chapter7 binds the legislative, executive and judicial branches of government at all levels, and every person performing the functions of any public office.
… (Sec. 6) - iTaukei(1) Na Wase qo e kovuta na tabana ni bulilawa, mataveilewai kei na veiliutaki vakamatanitu, okati kina na tamata cakacaka ena valenivolavola ni lewenivanua.
… (Sec. 6)