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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.
Judicial Protection
- English(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
… (Bill of Rights Act 1990, Sec. 27)
Judicial Protection
- English
(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies),
all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(2) Any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made.
(3) Subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
(4) A law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the High Court or some other court prescribed for the purpose by or under an Act of Parliament.
(5) In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to —
(a) traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu; and
(b) law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and
(c) international conventions, declarations, recommendations and judicial decisions concerning human rights; and
(d) the Charter of Duties and Responsibilities; and
(e) any other matters that the court thinks relevant.
(6) Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by a resolution of Parliament supported
by the votes of two-thirds of the total membership as one which should be eliminated. (Sec. 15)
Judicial Protection
- English1. Anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed may, independently of any other possible legal remedy, apply to the Supreme Court to enforce that right.
2. The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as it considers appropriate to enforce the right. (Art. 6) - French1) Quiconque estime que l'un des droits que lui garantit la Constitution a été, ou risque d'être enfreint, peut, indépendamment de tout autre recours légal possible, saisir la Cour Suprême pour qu'elle fasse respecter ce droit.
2) La Cour Suprême peut rendre toutes les ordonnances, délivrer toutes les assignations et prendre toutes les dispositions qu'elle estime appropriées pour assurer le respect de ce droit, y compris le paiement de dommages et intérêts. (Art. 6)
Judicial Protection
- English
(1) Except for Part IX Land and Titles Court and subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to hear and determine:
...
(c) an appeal from any decision of the Supreme Court in any proceedings under the provision of Article 4.
... (Art. 75) - Samoan
(1) Ae vagana ai mo le Vaega IX Faamasinoga o Fanua ma Suafa i le noatia ai i aiaiga o lenei Faavae, o le a i ai i le Faamasinoga o Talosaga le puleaga e faafofogaina ai ma fuafua tatau:
...
(c) se talosaga e faasaga i so o se faaiuga a le Faamasinoga Sili e tusa ma aiaiga o le Mataupu 4.
... (Mataupu 75)
Judicial Protection
- EnglishAn Act of Parliament may confer on the High Court powers, additional to those conferred by the preceding provisions of this Division, for the purpose of enabling the Court to exercise more effectively the jurisdiction conferred on it by this Division. (Sec. 42)
National Human Rights Bodies
- English(1) There shall be an Ombudsman, whose office shall be a public office.
(2) The Ombudsman shall be appointed by the Governor-General, acting in accordance with the advice of a committee consisting of the Speaker, the Chairman of the Public Service Commission and the Chairman of the Judicial and Legal Service Commission.
… (Sec. 96)
National Human Rights Bodies
- English(1) Subject to this section and to any Organic Law made for the purposes of Subsection (7), the functions of the Ombudsman Commission are-
(a) to investigate, on its own initiative or on complaint by a person affected, any conduct on the part of-
i. any State Service or provincial service, or a member of any such service; or
ii. any other governmental body, or an officer or employee of a governmental body; or
iii. any local government body or an officer or employee of any such body; or
iv. any other body set up by statute-
A. that is wholly or mainly supported out of public moneys of Papua New Guinea; or
B. all of, or the majority of, the members of the controlling authority of which are appointed by the National Executive, or an officer of employee of any such body; and
v. any member of the personal staff of the Governor-General, a Minister or the Leader or Deputy Leader of the Opposition; or
vi. any other body or person prescribed for the purpose by an Act of the Parliament, specified by or under an Organic Law in the exercise of a power or function vested in it or him by law in cases where the conduct is or may be wrong, taking into account, amongst other things, the National Goals and Directive Principles, the Basic Rights and the Basic Social Obligations;
… (Sec. 219)
National Human Rights Bodies
- English1. There shall be a Banaba Island Council.
2. The powers and duties of the Banaba Island Council shall be prescribed by or under law. (Sec. 121)
National Human Rights Bodies
- English
(1) The primary functions of the Commission are—
(a) to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
(b) to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society; and
(c) to promote racial equality and cultural diversity; and
(d) to promote equal employment opportunities (including pay equity); and
(e) to promote and protect the full and equal enjoyment of human rights by persons with disabilities.
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
(a) to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
(b) to encourage and co-ordinate programmes and activities in the field of human rights:
(c) to make public statements in relation to any matter that may affect or infringe human rights (whether or not those human rights are affirmed in New Zealand domestic human rights law or international human rights law), including statements commenting on the position of the Government in relation to that matter:
(ca) to make public statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
(d) to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:
(e) to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
(f) to receive and invite representations from members of the public on any matter affecting human rights:
(g) to consult and co-operate with other persons and bodies concerned with the protection of human rights:
(h) to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
(i) to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97:
(j) to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a):
(k) to report to the Prime Minister on—
(i) any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
(ii) the desirability of New Zealand becoming bound by any international instrument on human rights:
(iii) [Repealed]
(ka) to report to either or both of the Prime Minister and the Minister responsible on any existing or proposed legislation (including subordinate legislation), administrative provision, or policy of the Government that the Commission considers may affect human rights:
(kb) to promote the development of new international instruments on human rights:
(kc) to promote and monitor compliance by New Zealand with, and the reporting by New Zealand on, the implementation of international instruments on human rights ratified by New Zealand:
(l) to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
(m) to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
(n) to exercise the following functions in relation to equal employment opportunities:
(i) to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
(ii) to lead the development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation) in accordance with paragraph (e):
(iii) to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis:
(iv) to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
(o) to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
(3) The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister. (Human Rights Act 1993, Sec. 5)
National Human Rights Bodies
- EnglishThe purposes of the establishment of the Ombudsman Commission are-
(a) to ensure that all governmental bodies are responsive to the needs and aspirations of the People; and
(b) to help in the improvement of the work of governmental bodies and the elimination of unfairness and discrimination by them; and
(c) to help in the elimination of unfair or otherwise defective legislation and practices affecting or administered by governmental bodies; and
(d) to supervise the enforcement of Division III.2 (leadership code). (Sec. 218)