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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.
Employment Rights and Protection
- EnglishEvery person has the following fundamental duties to himself and his descendants and to others-
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e. to work according to his talents in socially useful employment and, if necessary, to create for himself legitimate opportunities for such employment;
… (Art. 7) - FrenchToute personne a les devoirs fondamentaux suivants envers elle-même, ses descendants et autrui:
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e) exercer en fonction de ses talents une profession utile à la société et, si nécessaire, créer par elle-même les occasions légitimes d'obtenir de tels emplois;
... (Art. 7)
Employment Rights and Protection
- English(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work:
(c) participation in, or the making of an application for participation in a partnership:
(d) membership, or the making of an application for membership, of an industrial union or professional or trade association:
(e) access to any approval, authorisation, or qualification:
(f) vocational training, or the making of an application for vocational training:
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(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)
Employment Rights and Protection
- English(1) Every person has the right to full and free participation in the economic life of the State, which includes the right to choose their own work, trade, occupation, profession or other means of livelihood.
(2) The State must take reasonable measures within its available resources to achieve the progressive realisation of the rights recognised in subsection (1).
(3) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1). (Sec. 32) - iTaukei(1) Na tamata yadua e tu vua na dodonu me vakaitavi ena bula vakailavo ni Vanua, qo e oka kina na dodonu ni nodra digitaka na nodra cakacaka, se so tale na gaunisala ni rawa ilavo.
(2) Na Matanitu me na vakayagataka e dua na ituvatuva e veiganiti ena veika sa tu rawa me na qai rawati na kena yacovi na dodonu e virikotori ena wasetiki (1).
(3) Na lawa ena rawa ni yalana, se vakadonuya na kena yalani, na dodonu e virikotori ena wasetiki (1), ia na vakayacori ga ena gauna e gadrevi kina me yalani. (Sec. 32)
Employment Rights and Protection
- EnglishWE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
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(e) freedom of employment and freedom of movement;
… (Preamble, Basic Rights)
Employment Rights and Protection
- EnglishNothing in section 22 shall prevent restrictions imposed by an employer—
(a) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—
(i) there would be a reporting relationship between them; or
(ii) there is a risk of collusion between them to the detriment of the employer; or
(b) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer. (Human Rights Act 1993, Sec. 32)
Employment Rights and Protection
- English(1) Every person has the right to fair employment practices, including humane treatment and proper working conditions.
… (Sec. 20) - iTaukei(1) Na tamata taucoko e tiko vei ira na dodonu mera qaravi vakatautauvata ena gauna ni cakacaka, okati kina na nodra qaravi vinaka kei na tuvaki vinaka ni valenicakacaka.
… (Sec. 20)
Employment Rights and Protection
- EnglishFor the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants— shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)
Employment Rights and Protection
- English(1) Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 shall prevent different treatment based on sex where—
(a) the position needs to be held by one sex to preserve reasonable standards of privacy; or
(b) the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
(i) the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
(ii) it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. (Human Rights Act 1993, Sec. 27)
Equality and Non-Discrimination
- English
(1) For the purposes of this Act, the prohibited grounds of discrimination are—
(a) sex, which includes pregnancy and childbirth;
(b) marital status, which means being—
(i) single; or
(ii) married, in a civil union, or in a de facto relationship; or
(iii) the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
(iv) separated from a spouse or civil union partner; or
(v) a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
(c) religious belief:
(d) ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
(e) colour:
(f) race:
(g) ethnic or national origins, which includes nationality or citizenship:
(h) disability, which means—
(i) physical disability or impairment:
(ii) physical illness:
(iii) psychiatric illness:
(iv) intellectual or psychological disability or impairment:
(v) any other loss or abnormality of psychological, physiological, or anatomical structure or function:
(vi) reliance on a disability assist dog, wheelchair, or other remedial means:
(vii) the presence in the body of organisms capable of causing illness:
(i) age, which means,—
(i) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 February 1994 and ending with the close of 31 January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
(ii) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 February 1999, any age commencing with the age of 16 years:
(iii) for the purposes of any other provision of Part 2, any age commencing with the age of 16 years:
(j) political opinion, which includes the lack of a particular political opinion or any political opinion:
(k) employment status, which means—
(i) being unemployed; or
(ii) being a recipient of a benefit as defined in Schedule 2 of the Social Security Act 2018 or an entitlement under the Accident Compensation Act 2001:
(l) family status, which means—
(i) having the responsibility for part-time care or full-time care of children or other dependants; or
(ii) having no responsibility for the care of children or other dependants; or
(iii) being married to, or being in a civil union or de facto relationship with, a particular person; or
(iv) being a relative of a particular person:
(m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
(a) it pertains to a person or to a relative or associate of a person; and
(b) it either—
(i) currently exists or has in the past existed; or
(ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. (Human Rights Act 1993, Sec. 21)
Equality and Non-Discrimination
- English1. The Republic of Fiji is a sovereign democratic State founded on the values of—
(a) common and equal citizenry and national unity;
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(d) equality for all and care for the less fortunate based on the values inherent in this section and in the Bill of Rights contained in Chapter 2;
… (Sec. 1) - iTaukei1. Na Matanitu Tugalala o Viti e matanitu tuvakaikoya, yavutaki ena—
(a) dua bau na umatamata kei na duavata vakalewenivanua;
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(d) qaravi vakatautauvata ni lewenivanua era sega ni rawaka, yavutaki ena veika e vakabibitaki ena tikina qo, kei na Lawa ni Dodonu ni Tamata me vaka e virikotori ena Wase 2;
… (Sec. 1)