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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) 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
- EnglishSovereignty belongs only to the people, who shall exercise and protect it. The people are the source of powers, and safeguard their national unity that is based on the principles of equality, justice and equal opportunities among all citizens, as stated in the Constitution. (Art. 4)
- Arabicالسّيادة للشّعب وحده، يمارسها ويحميها، وهو مصدر السّلطات، ويصون وحدته الوطنية التي تقوم علي مبادىء المساواة والعدل وتكافؤ الفرص بين جميع المواطنين، وذلك على الوجه المبين فى الدستور. (المادّة 4)
Equality and Non-Discrimination
- English(1) All persons are equal before the law and have the right to equal protection and benefit of the law.
(2) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
(3) Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.
(4) A person is treated in a discriminatory manner for the purpose of subsection (3) if—
(a) they are subjected directly or indirectly to a condition, restriction or disability to which other people are not subjected; or
(b) other people are accorded directly or indirectly a privilege or advantage which they are not accorded.
(5) Discrimination on any of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair, reasonable and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom.
(6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and—
(a) such measures must be taken to redress circumstances of genuine need;
(b) no such measure is to be regarded as unfair for the purposes of subsection (3). (Sec. 56)
Equality and Non-Discrimination
- EnglishWomen and men shall have the same rights and duties in all areas of family, political, economic, social and cultural life. (Sec. 17)
- TetumFeto no mane iha direitu no obrigasaun hanesan iha moris família, kulturál, sosiál, ekonómiku no polítiku nia laran. (Art. 17)
- PortugueseA mulher e o homem têm os mesmos direitos e obrigações em todos os domínios da vida familiar, cultural, social, económica e política. (Art. 17)
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
- EnglishAll persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall guarantee to all persons equal and effective protection without discrimination on grounds of race, nation, nationality, or other social origin, colour, sex, language, religion, political or other opinion, property, birth or other status. (Art. 25)
- Amharicሁሉም ሰዎች በሕግ ፊት እኩል ናቸው፤ በመካከላቸውም ማንኛውም ዓይነት ልዩነት ሳይደረግ በሕግ እኩል ጥበቃ ይደረግላቸዋል፡፡ በዚህ ረገድ በዘር፣በብሔር፣ ብሔረሰብ፣በቀለም፣ በጾታ፣ በቋንቋ፣ በሃይማኖት፣ በፖለቲካ፣ በማኅበራዊ አመጣጥ፣ በሀብት፣በትውልድ ወይም በሌላ አቋም ምክንያት ልዩነት ሳይደረግ ሰዎች ሁሉ እኩልና ተጨባጭ የሕግ ዋስትና የማግኘት መብት አላቸው፡፡ (አንቀጽ 25)
Equality and Non-Discrimination
- EnglishThe following are essential purposes and functions of the State, in addition to those established in the Constitution and the law:
1. To construct a just and harmonious society, built on decolonization, without discrimination or exploitation, with full social justice, in order to strengthen the Pluri-National identities.
2. To guarantee the welfare, development, security and protection, and equal dignity of individuals, nations, peoples, and communities, and to promote mutual respect and intra-cultural, inter-cultural and plural language dialogue.
… (Art. 9) - SpanishSon fines y funciones esenciales del Estado, además de los que establece la Constitución y la ley:
1. Constituir una sociedad justa y armoniosa, cimentada en la descolonización, sin discriminación ni explotación, con plena justicia social, para consolidar las identidades plurinacionales.
2. Garantizar el bienestar, el desarrollo, la seguridad y la protección e igual dignidad de las personas, las naciones, los pueblos y las comunidades, y fomentar el respeto mutuo y el diálogo intracultural, intercultural y plurilingüe.
... (Art. 9)
Equality and Non-Discrimination
- English...
2. The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
... (Art. 3) - Catalan...
2. La Constitució garanteix els principis de legalitat, de jerarquia, de publicitat de les normes jurídiques, de no retroactivitat de les disposicions restrictives de drets individuals o que comportin un efecte o estableixin una sanció desfavorables, de seguretat jurídica, de responsabilitat dels poders públics i d'interdicció de tota arbitrarietat.
... (Art. 3)
Equality and Non-Discrimination
- English
Each Beninese has the duty of respect for and consideration of his fellow [man] without any discrimination and of maintaining with others relations that permit the safeguarding, the reinforcing, and the promotion of reciprocal respect, dialogue and tolerance with a view to peace and to national cohesion. (Art. 36)
- French
Chaque béninois a le devoir de respecter et de considérer son semblable sans discrimination aucune et d'entretenir avec les autres des relations qui permettent de sauvegarder, de renforcer et de promouvoir le respect, le dialogue et la tolérance réciproque en vue de la paix et de la cohésion nationale. (Art. 36)
Equality and Non-Discrimination
- EnglishAll human beings are equal before the law. Men and women have the same rights.
No one may be privileged or disadvantaged by virtue of [en raison de] their sex, of their birth, of their race, of their ethnicity, of their language, of their beliefs and of their political, philosophical or religious opinions. (Art. 8) - FrenchTous les êtres humains sont égaux devant la loi. Les hommes et les femmes ont les mêmes droits.
Nul ne doit être privilégie ou désavantagé en raison de son sexe, de sa naissance, de sa race, de son ethnie, de sa langue, de ses croyances et de ses opinions politiques, philosophiques ou religieuses. (Art. 8)