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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.
Limitations and/or Derogations
- English
(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)
Limitations and/or Derogations
- English
(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)
Limitations and/or Derogations
- English
(1) For the purposes of this Subdivision,8 a law that complies with the requirements of this section is a law that is made and certified in accordance with Subsection (2), and that-
(a) regulates or restricts the exercise of a right or freedom referred to in this Subdivision to the extent that the regulation or restriction is necessary-
i. taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in-
A. defence; or
B. public safety; or
C. public order; or
D. public welfare; or
E. public health (including animal and plant health); or
F. the protection of children and persons under disability (whether legal or practical); or
G. the development of under-privileged or less advanced groups or areas; or
ii. in order to protect the exercise of the rights and freedoms of others; or
(b) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind.
(2) For the purposes of Subsection (1), a law must-
(a) be expressed to be a law that is made for that purpose; and
(b) specify the right or freedom that it regulates or restricts; and
(c) be made, and certified by the Speaker in his certificate under Section 110 (certification as to making of laws) to have been made, by an absolute majority.
(3) The burden of showing that a law is a law that complies with the requirements of Subsection (1) is on the party relying on its validity. (Sec. 38)
Marriage and Family Life
- English…
(2) The functions and powers available to the Bougainville Government in and in relation to Bougainville are the following:-
…
(p) family law;
… (Sec. 290)
Marriage and Family Life
- English(1) Every person has a right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by law that complies with Section 38 (general qualifications on qualified rights).
… (Sec. 49)
Marriage and Family Life
- English(1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations.
(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others; and
(b) is not prohibited by law,
and no person-
(c) is obliged to do anything that is not required by law; and
(d) may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b).
(3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. (Sec. 32)
Marriage and Family Life
- EnglishWE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-
…
(h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles;
(i) in the case of the children, to respect their parents.
… (Preamble, Basic Social Obligations)
Marriage and Family Life
- English(1) INTEGRAL HUMAN DEVELOPMENT.
We declare our first goal to be for every person to be dynamically involved in the process of freeing himself from every form of domination or oppression so that each man or woman will have the opportunity to develop as a whole person in relationship with others.
WE ACCORDINGLY CALL FOR-
…
(5) the family unit to be recognized as the fundamental basis of our society, and for every step to be taken to promote the moral, cultural, economic and social standing of the Melanesian family;
…
(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR-
…
(12) recognition of the principles that a complete relationship in marriage rests on equality of rights and duties of the partners, and that responsible parenthood is based on that equality.
… (Preamble, National Goals and Directive Principles)
Participation in Public Life and Institutions
- English(1) Subject to the express limitations imposed by this Constitution, every citizen who is of full capacity and has reached voting age, other than a person who-
(a) is under sentence of death or imprisonment for a period of more than nine months; or
(b) has been convicted, within the period of three years next proceeding the first day of the polling period for the election concerned, of an offence relating to elections that is prescribed by an Organic Law or an Act of the Parliament for the purposes of this paragraph; or
(ba) has dual citizenship of another country,
has the right, and shall be given a reasonable opportunity-
(c) to take part in the conduct of public affairs, either directly or through freely chosen representatives; and
…
(e) to hold public office and to exercise public functions.
… (Sec. 50)
Participation in Public Life and Institutions
- English…
(2) EQUALITY AND PARTICIPATION.
We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country.
WE ACCORDINGLY CALL FOR-
(1) an equal opportunity for every citizen to take part in the political, economic, social, religious and cultural life of the country; and
…
(5) equal participation by women citizens in all political, economic, social and religious activities; and
(6) the maximization of the number of citizens participating in every aspect of development; and
…
(9) every citizen to be able to participate, either directly or through a representative, in the consideration of any matter affecting his interests or the interests of his community;
… (Preamble, National Goals and Directive Principles)