SEARCH DATABASE
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.
Obligations of the State
- English(1) In addition to complying with section 3, when interpreting and applying this Chapter4, a court, tribunal or other authority—
(a) must promote the values that underlie a democratic society based on human dignity, equality and freedom; and
(b) may, if relevant, consider international law, applicable to the protection of the rights and freedoms in this Chapter.
(2) This Chapter does not deny, or prevent the recognition of, any other right or freedom recognised or conferred by common law or written law, except to the extent that it is inconsistent with this Chapter.
(3) A law that limits a right or freedom set out in this Chapter is not invalid solely because the law exceeds the limits imposed by this Chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits, and in that case, the law must be construed in accordance with the more restricted interpretation.
… (Sec. 7) - iTaukei(1) Ena iKuri ni veika e toqai ena tikina 3, na veigauna kece e vakamacalataki se vakayagataki kina na Wase qo, na mataveilewai, mataveivaqaqai se dua na matabose se tabacakacaka e cake—
(a) e dodonu me tutaka ka vakamacalataka na ivalavala ni bula ni tu galala e rokovi kina na bula ni tamata, duavata kei na dodonu; kei na
(b) ke yaga, me rawa ni vakasamataka tale ga na lawa levu kei vuravura e rawa ni vakayagataki ena maroroi ni dodonu kei na galala ena Wase qo.
(2) Na Wase qo e sega ni cakitaka se tarova na kena kilai na dodonu se galala e umani ena lawa raraba se lawa tabaki, vakavo ke sega ni duavata kei na lawa ena Wase qo.
(3) E dua na lawa e yalana na dodonu kei na galala e vakamacalataki ena Wase qo, e sega ni kena ibalebale ni sega na kena kaukauwa ni sa veicalati kei na iyalayala e dusimaka na Wase qo, kevaka e rawa ni vakaukauwataki na yalani ni kena vakamacalataki, me kua kina ni sivia na iyalayala e dusimaka na Wase qo. Ena tikina oya, e dodonu me vakaukauwataki na yalani ni kena ivakamacala.
… (Sec. 7)
Obligations of the State
- EnglishAny person any of whose rights or freedoms under this Chapter has been contravened shall be entitled to compensation for the contravention thereof from the person or authority which contravened it. (Sec. 17)
Obligations of the State
- English1. Subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 3 to 16 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction—
a. to hear and determine any application made by any person in pursuance of the preceding subsection;
b. to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection, and may make such orders, 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 sections 3 to 16 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under other provisions of this Constitution or under any other law.
3. If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this Constitution, 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.
4. The Maneaba ni Maungatabu may by law confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
… (Sec. 17)
Obligations of the State
- EnglishWhere any Bill is introduced into the House of Representatives, the Attorney-General shall,—
(a) in the case of a Government Bill, on the introduction of that Bill; or
(b) in any other case, as soon as practicable after the introduction of the Bill,—
bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights. (Bill of Rights Act 1990, Sec. 7)
Obligations of the State
- English
…
WHEREIN should be secured to all the people their fundamental rights;
… (Preamble) - Samoan
…
INA UA I AI le tatau ona faamautuina i tagata uma o a latou aia tatau faavae;
… (Uputomua)
Obligations of the State
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: —
...
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only-
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)
Obligations of the State
- English(1) This Chapter3 binds the legislative, executive and judicial branches of government at all levels, and every person performing the functions of any public office.
(2) The State and every person holding public office must respect, protect, promote and fulfil the rights and freedoms recognised in this Chapter.
… (Sec. 6) - iTaukei(1) Na Wase qo e kovuta na tabana ni bulilawa, mataveilewai kei na veiliutaki vakamatanitu, okati kina na tamata cakacaka ena valenivolavola ni lewenivanua.
(2) Na Matanitu kei na tamata cakacaka ena valenivolavola ni lewenivanua e dodonu mera doka, maroroya, vakadewataka ka muria na dodonu kei na galala e virikotori ena Wase qo.
… (Sec. 6)
Obligations of the State
- English
Whereas every person in Solomon Islands is 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 or sex, but subject to respect for the rights and freedoms of others and for the public interest
... (Sec. 3)
Obligations of the State
- EnglishWhereas every person in Kiribati is 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 or sex, but subject to respect for the rights and freedoms of others or the public interest,
... (Sec. 3)
Obligations of the State
- EnglishWherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning. (Bill of Rights Act 1990, Sec. 6)