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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.
Equality and Non-Discrimination
- 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
(e) in relation to land; or
(f) by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for —
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
(5) Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
(6) Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by —
(a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms),
to the extent authorized by that section.
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances,
shall be considered to be inconsistent with subsection (2).
(8) Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
(a) if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
(b) to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date. (Sec. 27)
Equality and Non-Discrimination
- English
(1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 26 of the Human Rights Act 1993 do not constitute discrimination. (Bill of Rights Act 1990, Sec. 19)
Equality and Non-Discrimination
- EnglishWe the people of Solomon Islands, …
AGREE AND PLEDGE that –
…
(b) we shall uphold the principles of equality, social justice and the equitable distribution of incomes;
… (Preamble)
Equality and Non-Discrimination
- EnglishWe the people of Kiribati, …
In implementing this Constitution, we declare that –
…
2. the principle of equality and justice shall be upheld;
… (Preamble)
Equality and Non-Discrimination
- English
(1) The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—
(a) sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, sexual harassment, adverse treatment in employment of people affected by family violence, and racial harassment) and 66 (which relates to victimisation); and
(b) sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).
(2) The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
(a) the legislative, executive, and judicial branches of the Government of New Zealand; and
(b) every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. (Human Rights Act 1993, Sec. 21A)
Equality and Non-Discrimination
- English…
(2) Subject to the provisions of this Constitution, all Fijians have equal status and identity, which means that they are equally—
(a) entitled to all the rights, privileges and benefits of citizenship;and
(b) subject to the duties and responsibilities of citizenship.
… (Sec. 5) - iTaukei…
(2) Ia kevaka e dua tale na tikina ena Yavunivakavulewa qo e yalana, na kai Viti taucoko era tautauvata ka dua na umatamata, kena ibalebale nira tautauvata—
(a) ena nodra taqomaki ena dodonu ni tamata yadua, vakayagataka na galala ni lewenivanua e Viti; ka
(b) yavutaki ena itavi vakalewenivanua.
… (Sec. 5)
Equality and Non-Discrimination
- EnglishA person may not be … denied the equal protection of the laws. (Art. IV, Sec. 3)
Equality and Non-Discrimination
- English1. The Republic of Vanuatu recognises, that, subject to any restrictions imposed by law on non-citizens and holders of dual citizenship who are not indigenous or naturalised citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health-
…
d. protection of the law;
…
k. equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas.
… (Art. 5) - French1) Sous réserve des restrictions que la Loi peut imposer aux non-citoyens et aux détenteurs de la double nationalité qui ne sont pas indigènes ou citoyens naturalisés et dans le respect des droits et libertés d'autrui et de l'intérêt public légitime en matière de défense, de sécurité, d'ordre public, de prospérité et de santé, la République de Vanuatu reconnaît que toute personne, sans distinction de race, lieu d'origine, croyances religieuses ou traditionnelles, opinions politiques, langue ou sexe jouit des droits fondamentaux et les libertés individuelles suivants:
...
d) la protection de la loi;
...
k) un traitement égal devant la Loi ou l'action administrative, étant entendu qu'une loi ne contrevient pas aux dispositions du présent alinéa dans la mesure où elle prévoit des dispositions pour le bénéfice particulier, le bien-être, la protection ou l'amélioration des conditions des femmes, des enfants et des jeunes, des membres de catégories défavorisées, ou des habitants de zones moins développées.
... (Art. 5)
Equality and Non-Discrimination
- English(1) Subject to this Constitution, all citizens have the same rights, privileges, obligations and duties irrespective of race, tribe, place of origin, political opinion, colour, creed, religion or sex.
(2) Subsection (1) does not prevent the making of laws for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged or less advanced groups or residents of less advanced areas.
(3) Subsection (1) does not affect the operation of a pre-Independence law. (Sec. 55)
Equality and Non-Discrimination
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs, disability, or lack of religious beliefs, or sex, to the following fundamental rights and freedoms: —
…
(d) the protection of the law (see section 22);
… (Sec. 11)