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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.
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Jurisdiction and Access
Zambia
- English…
5. A matter relating to this Constitution shall be heard by the Constitutional Court. (Art. 1)
Obligations of the State
Zambia
- EnglishWE, THE PEOPLE OF ZAMBIA:
…
UPHOLD the human rights and fundamental freedoms of every person; … (Preamble)
Obligations of the State
Zambia
- EnglishIt is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, ...
and the provisions of this Part4 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in this Part, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Art. 11)
Obligations of Private Parties
Zambia
- EnglishIt is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, ...
and the provisions of this Part5 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in this Part, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Art. 11)
Judicial Protection
Zambia
- English1. Subject to clause (5), if any person alleges that any of the provisions of Articles 11 to 266 inclusive has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply for redress to the High Court which shall—
a. hear and determine any such application;
b. determine any question arising in the case of any person which is referred to it in pursuance of clause (2);
and which may, make such order, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of, any of the provisions of Articles 11 to 26 inclusive.
2.
a. If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of Articles 11 to 26 inclusive, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion the raising of the question is merely frivolous or vexatious.
b. Any person aggrieved by any determination of the High Court under this Article may appeal therefrom to the Supreme Court:
Provided that no appeal shall lie from a determination of the High Court under this Article dismissing an application on the ground that it is frivolous and vexatious.
3. No application shall be brought under clause (1) on the grounds that the provisions of Articles 11 to 26 (inclusive) are likely to be contravened by reason of proposals contained in any bill which, at the date of the application, has not become a law.
4. Parliament may confer upon the Supreme Court or High Court such jurisdiction or powers in addition to those conferred by this Article as may appear to be necessary or desirable of the purpose of enabling that Court more effectively to exercise the jurisdiction conferred upon it by this Article or of enabling any application for redress to be more speedily determined. (Art. 28)
National Human Rights Bodies
Zambia
- English1. There is established the Human Rights Commission which shall have offices in the Provinces and progressively in districts.
2. The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected.
3. The Human Rights Commission shall—
a. investigate and report on the observance of rights and freedoms;
b. take necessary steps to secure appropriate redress where rights and freedoms are violated;
c. endeavour to resolve a dispute through negotiation, mediation or conciliation;
d. carry out research on rights and freedoms and related matters;
e. conduct civic education on rights and freedoms; and
f. perform such other functions as prescribed. (Art. 230)
Political Rights and Association
Zambia
- EnglishIt is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to the limitations contained in this Part8, to each and all of the following, namely:
…
b. freedom of conscience, expression, assembly, movement and association;
… (Art. 11)
Political Rights and Association
Zambia
- EnglishWE, THE PEOPLE OF ZAMBIA:
…
CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order; … (Preamble)
Political Rights and Association
Zambia
- EnglishA citizen who has attained the age of eighteen years is entitled to be registered as a voter and vote in an election by secret ballot. (Art. 46)
Political Rights and Association
Zambia
- English1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to any political party, trade union or other association for the protection of his interests.
… (Art. 21)