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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) 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
(1) All persons are equal under the law and are entitled to the equal protection of the laws.
(2) No law and no executive or judicial action shall, either expressly, or in its practical application, discriminate against any person on the basis of gender, race, color, language, religion, political or other opinion, national or social origin, place of birth, family status or descent.
(3) Nothing in this Section shall be deemed to preclude non-arbitrary preferences for citizens pursuant to law. (Art. II, Sec. 12)
Equality and Non-Discrimination
- English1. Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as that law makes provision-
…
c. for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;d. with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; or
e. whereby persons of any such description as is mentioned in the preceding subsection may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local government council or any office in a body corporate established directly by any law for public purposes.
6. Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
7. Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
8. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, and 14 of this Constitution, being such a restriction as is authorized by section 9 (2), 11 (6), 12 (2), 13 (2) or 14 (3), as the case may be.
9. Nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section-
a. if that law was in force immediately before the coming into operation of this Constitution and has continued in force at all times since the coming into operation of this Constitution; or
b. to the extent that the law repeals and re-enacts any provision which has been contained in any enactment at all times since immediately before the coming into operation of this Constitution. (Sec. 15)
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)
Indigenous Peoples
- EnglishWE, THE PEOPLE OF FIJI,
RECOGNISING the indigenous people or the iTaukei, their ownership of iTaukei lands, their unique culture, customs, traditions and language;
RECOGNISING the indigenous people or the Rotuman from the island of Rotuma, their ownership of Rotuman lands, their unique culture, customs, traditions and language;
… (Preamble) - iTaukeiO KEIMAMI NA LEWEI VITI,
ROKOVA na itaukei ni vanua se kawa itaukei, na nodra taukena na kedra qele, na nodra itovo, ivakarau kei na vosa;
ROKOVA na itaukei ni vanua o Rotuma, mai na yanuyanu o Rotuma, na nodra taukena na kedra qele, nodra itovo, ivakarau kei na vosa;
… (Ikau)
Indigenous Peoples
- EnglishAny indigenous Vanuatu citizen qualified to be elected to Parliament shall be eligible for election as President of the Republic. (Art. 35)
- FrenchTout citoyen vanuatuan ayant la capacité d'être élu membre du Parlement peut être élu Président de la République. (Art. 35)
Indigenous Peoples
- English1. The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs.
2. The Council shall make its own rules of procedure.
3. The Council shall hold at least one meeting a year. Further meetings may be held at the request of the Council, Parliament, or the Government.
4. During the first sitting following its election the Council shall elect its President. (Art. 29) - French1) Le Conseil des Chefs Malvatumauri est composé des chefs coutumiers élus par leurs pairs au sein des conseils provinciaux des chefs.
2) Le Conseil élabore son propre règlement intérieur.
3) Le Conseil se réunit au moins une fois par an. D'autres sessions peuvent se tenir sur demande du Conseil, du Parlement ou du gouvernement.
4) Dès la première réunion qui suit son élection, le Conseil élit son président. (Art. 29)
Indigenous Peoples
- English1. Notwithstanding Articles 73 and 74 the Government may buy land from custom owners for the purpose of transferring ownership of it to indigenous citizens or indigenous communities from over-populated islands.
2. When redistributing land in accordance with subarticle (1), the Government shall give priority to ethnic, linguistic, customary and geographical ties. (Art. 81) - French1) Nonobstant les dispositions des articles 73 et 74, le gouvernement peut acheter des terres aux propriétaires coutumiers dans le but d'en transférer la propriété aux citoyens indigènes ou à des collectivités indigènes originaires d'îles surpeuplées.
2) Pour la redistribution des terres effectuée en application du paragraphe 1), le gouvernement tient compte en priorité des facteurs ethniques, linguistiques, coutumiers et géographiques. (Art. 81)
Indigenous Peoples
- EnglishIn consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects. (Treaty of Waitangi, Article the Third)
Indigenous Peoples
- EnglishOn the Day of Independence the following persons shall automatically become citizens of Vanuatu-
a. a person who has or had four grandparents who belong to a tribe or community indigenous to Vanuatu;
… (Art. 9) - FrenchDevient automatiquement citoyen de Vanuatu à la date de l'Indépendance:
a) toute personne qui a, ou avait, quatre grands-parents membres d'une tribu ou d'une communauté indigène de Vanuatu;
… (Art. 9)