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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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Equality and Non-Discrimination
Guyana
- EnglishWE, THE GUYANESE PEOPLE,
… proclaim this Constitution in order to:
…
Celebrate our cultural and racial diversity and strengthen our unity by eliminating any and every form of discrimination;
… (Preamble)
Equality and Non-Discrimination
Guyana
- English(1) Every woman is entitled to equal rights and status with men in all spheres of political, economic and social life. All forms of discrimination against women on the basis of gender or sex are illegal.
(2) Every woman is entitled to equal access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion and in social, political and cultural activity. (Art. 149F)
Equality and Non-Discrimination
Guyana
- English(1) The State shall not deny to any person equality before the law or equal protection and benefit of the law.
(2) The State shall, for the purpose of promoting equality, take legislative and other measures designed to protect disadvantaged persons and persons with disabilities.
(3) Equality includes the full and equal enjoyment of all rights and freedoms guaranteed by or under this Constitution or any other law. (Art. 149D)
Equality and Non-Discrimination
Guyana
- English(1) Subject to the provisions of this article -
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) 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.
(2) In this article the expression ‘discriminatory’ means affording different treatment to different persons attributable wholly or mainly to their or their parents’ or guardians’ respective descriptions by race, place of origin, political opinion, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture whereby persons of one such description are subjected to disabilities or restrictions to which other persons of the same or another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Paragraph (1)(a) shall not apply to any law so far as that law makes provision -
…
(b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
(c) whereby persons of any such description as is mentioned in the preceding paragraph 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.
(4) Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to a person’s or his or her parents’ or guardians’ respective description by race, place of origin, political opinions, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service or of a local democratic organ or of a body corporate established by any law for public purposes.
(5) Paragraph (1)(b) 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 either of the two preceding paragraphs.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision -
(a) whereby persons of any such description as is mentioned in paragraph (2) may be subjected to any restriction on the rights and freedoms guaranteed by articles 143, 145, 146,147 and 148, being such a restriction as is authorised by article 143 (2), article 145(5), article 146(2), article 147(2) or article 148 (3), other than subparagraph (c) thereof, as the case may be;
(b) for the appropriation of revenue or other funds of Guyana; or
(c) for the protection, well-being or advancement of the Amerindians of Guyana.
(7) Paragraph (1)(b) 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. (Art. 149)
Gender Equality Machineries
Guyana
- English(1) The Women and Gender Equality Commission shall promote national recognition and acceptance that women’s rights are human rights, respect for gender equality and the protection, development and attainment of gender equality.
(2) The Women and Gender Equality Commission shall consist of persons from each of the categories referred to in subparagraphs (a), (b) and (c), appointed by the President as follows -
(a) not less than five nor more than fifteen members, with expertise in women’s and gender equality issues, nominated by entities, by a consensual mechanism determined by the National Assembly, after the entities which shall include the Women’s Advisory Committee of the Trade Union Congress, are determined by the votes of not less than two-thirds of all the elected members of the National Assembly;
(b) the Administrator of the Women’s Affairs Bureau, by whatever name that office is designated; and
(c) a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the Human Rights Commission, Ethnic Relations Commission, Indigenous Peoples’ Commission, and Rights of the Child Commission. (Art. 212Q)
Gender Equality Machineries
Guyana
- English(1) There are hereby established the following Commissions, the goals of which are to strengthen social justice and the rule of law -
…
(b) the Women and Gender Equality Commission;
… (Art. 212G)
Gender Equality Machineries
Guyana
- EnglishIn addition to the functions specified in article 212J(2), the functions of the Women and Gender Equality Commission are to -
(a) promote the issues related to the enhancement of the status of women, girls and gender issues;
(b) promote the integration of women’s needs and interests and mainstreaming of gender issues;
(c) promote the empowerment of women;
(d) promote women’s rights as human rights;
(e) raise the awareness of the contribution of women and problems faced by women including the recognition and value of unwaged work;
(f) promote women’s needs, interests, and concerns in the wider spectrum of economic and social development and address both the practical and strategic needs of women as being different from those of men;
(g) educate and monitor employers and the public on desirable employment practices in relation to women;
(h) monitor compliance and make recommendations for the compliance with international instruments to which the Government accedes from time to time, including those already acceded to and which relate to the purpose of the Commission;
(i) evaluate any system of personal and family law, customs and practices or any law likely to affect gender equality or the status of women and make recommendations to the National Assembly with regard thereto;
(j) recommend and promote the implementation of legislation and the formulation of policies and measures so as to enhance and protect the status of women;
(k) promote, initiate or cause to be carried out research and the creation of databases on women and gender related issues including those of health, especially reproductive health, violence against women and the family, and their socio-economic and political status, as the Commission may deem relevant or as may be referred to it by the National Assembly;
(l) promote consultation and cooperation with women’s organisations in relation to decision-making that affects the lives of women;
(m) recommend training and technical assistance to support initiatives by and for women and girls; and
(n) promote the participation of women in national decision-making. (Art. 212R)
Indigenous Peoples
Guyana
- EnglishIn addition to the functions specified in article 212J (2) the functions of the Indigenous Peoples' Commission are to
(a) promote and protect the rights of the indigenous peoples;
(b) raise awareness of the contribution of, and problems faced by, indigenous peoples;
(c) promote empowerment of the indigenous peoples, especially with regard to the village council in the local government system and the scope and authority of the Council of Toshaos;
(d) make recommendations on economic and education policies to advance the interest of the indigenous peoples;
(e) make recommendations for the protection, preservation and promulgation of the cultural heritage and language of the indigenous peoples;
(f) promote consultation and cooperation with indigenous peoples especially with regard to their participation in national decision-making and other decisions that affect their lives;
(g) recommend and promote training and technical assistance to support initiative by and for indigenous peoples;
(h) educate employers and the public and make recommendations to improve employment practices related to indigenous peoples; and
(i) monitor the need for and recommend where appropriate the establishment of mechanisms to provide counselling for indigenous peoples. (Art. 212T)
Indigenous Peoples
Guyana
- English(1) The Indigenous Peoples' Commission shall establish mechanisms to enhance the status of indigenous peoples and to respond to their legitimate demands and needs.
(2) The Indigenous Peoples’ Commission shall consist of persons of the categories referred to in sub-paragraphs (a) , (b) and (c) appointed by the President as follows -
(a) not more than ten members nominated by entities, by a consensual mechanism determined by the National Assembly, after the entities are determined by the votes of not less than two-thirds of all elected members of the National Assembly;
(b) three persons, at least one being a woman nominated by the Toushaos Council and two persons including one woman nominated by Amerindian organisations determined by the votes of not less than two-thirds of all elected members of the National Assembly; and
(c) a member who shall be a nominee, without the right to vote, chosen by and from each of the following Commissions: the Human Rights Commission, Ethnic Relations Commission, Women and Gender Equality Commission and the Rights of the Child Commission. (Art. 212S)
Indigenous Peoples
Guyana
- EnglishIndigenous peoples shall have the right to the protection, preservation and promulgation of their languages, cultural heritage and way of life. (Art. 149G)