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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.
Protection from Violence
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: —
…
(c) security for his person (see sections 18 and 19);
… (Sec. 11)
Protection from Violence
- English
Subject to the provisions of this Part, and in particular to —
(a) section 32 (foreign disciplined forces); and
(b) section 33 (hostile disciplined forces),
no-one shall —
(c) be tortured; or
(d) given inhuman or degrading punishment or treatment. (Sec. 19)
Protection from Violence
- English
(1) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces); and
(d) section 36 (restrictions on certain rights and freedoms during public emergencies), no-one shall —
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section —
(a) slavery or servitude includes slavery or servitude within the meaning of any international or multinational convention or treaty prohibiting slavery or servitude to which Tuvalu is a party;
... (Sec. 18)
Status of the Constitution
- English
(1) This Constitution is the supreme law of Tuvalu and, subject to subsection (2), any act (whether legislative, executive or judicial) that is inconsistent with it is, to the extent of the inconsistency, void.
(2) All other laws shall be interpreted and applied subject to this Constitution, and, as far as is practicable, in such a way as to conform with it. (Sec. 3)
Status of International Law
- English
...
(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 –
…
(c) international conventions, declarations, recommendations and judicial decisions concerning human rights;
… (Sec. 15)
Jurisdiction and Access
- 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; and
(b) in relation to questions as to membership of Parliament - as provided by section 102 (questions as to membership of Parliament); and
(c) in relation to other questions as to the interpretation or application of this Constitution - as provided by section 134 (constitutional interpretation);
(d) in relation to appeals generally - as provided by section 135 (appellate jurisdiction of the High Court); and
(e) in other matters - as provided for by sections 14(3) (which relates to the effect of Parliamentary declarations of purpose) and 136 (other jurisdiction, etc., of the High Court), and otherwise in this Constitution.
… (Sec. 133)
Jurisdiction and Access
- English
The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by —
(a) section 14 (Parliamentary declaration of purpose);
(b) Part II, Division 5 (Enforcement of the Bill of Rights); and
(c) section 134 (constitutional interpretation), and otherwise by law. (Sec. 5)
Jurisdiction and Access
- English
(1) An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council —
(a) with the leave of the Court of Appeal —
(i) in the case of a final decision on a question as to the interpretation or application of this Constitution; or
(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part II;
… (Sec. 139)
Jurisdiction and Access
- English
(1) Subject to subsection (2), the High Court has original jurisdiction to determine any question as to the interpretation or application of this Constitution.
(2) Where —
(a) any question as to the interpretation or application of this Constitution arises in any proceedings in a subordinate court; and
(b) that court is of the opinion that the question involves a substantial question of law,
the court may, and shall if a party to the proceedings so requests, refer the question to the High Court for determination. (Sec. 134)
Obligations of the State
- English
(1) Each provision of this Part2 applies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)