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.
National Human Rights Bodies
- English(1) Subject to the provisions of this article, the Ombudsman may investigate any action taken by any department of Government or by any other authority to which this article applies, or by the President, Ministers, officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority.
(2) The Ombudsman may investigate any such action as aforesaid in any of the following circumstances, that is to say -
(a) if a complaint in respect of the action is duly made to the Ombudsman by any person or body or persons, whether incorporated or not alleging that the complainant has sustained injustice in consequence of a fault in administration;
(b) if the President, a Minister or a member of the National Assembly requests the Ombudsman to investigate the action on the ground that a person or body of persons specified in the request has or may have sustained such injustice;
(c) in any other circumstances in which the Ombudsman considers that he ought to investigate the action on the ground that some person or body of persons has or may have sustained such injustice.
(3) The Ombudsman shall not investigate under this Subtitle -
(a) any action in respect of which the complainant has or had -
(i) a remedy by way of proceedings in a court; or
(ii) a right of appeal, reference or review to or before an independent and impartial tribunal other than a court; or
(b) any such action, or action taken with respect to any such matter, as is excluded from investigation under article 193:
Provided that the Ombudsman -
(i) may conduct an investigation notwithstanding that the complainant has or had a remedy by way of proceedings in a court if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings;
(ii) shall not in any case be precluded from conducting an investigation in respect of any matter by reason only that it is open to the complainant to apply to the High Court for redress under article 153(1) (which relates to redress for contraventions of provisions for the protection of fundamental rights and freedoms).
… (Art. 192)
National Human Rights Bodies
- EnglishThe National Human Rights Commission consists of seven commissioners appointed by the King upon the advice of the Senate from selected persons.
The selected persons must have knowledge and experience in the protection of rights and liberties of the people, and must be politically impartial with evident integrity.
The National Human Rights Commissioners shall hold office for a term of seven years as from the date of appointment by the King, and shall serve for only one term.
The qualifications, prohibitions, selection, and vacation of office of the National Human Rights Commission shall be in accordance with the Organic Act on National Human Rights Commission. However, the provisions on the selection shall also prescribe for the participation of representatives of private organisations relating to the human rights in the selection. (Sec. 246) - Thaiคณะกรรมการสิทธิมนุษยชนแห่งชาติประกอบด้วยกรรมการจํานวนเจ็ดคน ซึ่งพระมหากษัตริย์ทรงแต่งตั้งตามคําแนะนําของวุฒิสภาจากผู้ซึ่งได้รับการสรรหา
ผู้ซึ่งได้รับการสรรหาต้องมีความรู้และประสบการณ์ด้านการคุ้มครองสิทธิและเสรีภาพของประชาชน เป็นกลางทางการเมือง และมีความซื่อสัตย์สุจริตเป็นที่ประจักษ์
กรรมการสิทธิมนุษยชนแห่งชาติมีวาระการดํารงตําแหน่งเจ็ดปีนับแต่วันที่พระมหากษัตริย์ทรงแต่งตั้ง และให้ดํารงตําแหน่งได้เพียงวาระเดียว
คุณสมบัติ ลักษณะต้องห้าม การสรรหา และการพ้นจากตําแหน่งของคณะกรรมการสิทธิมนุษยชนแห่งชาติ ให้เป็นไปตามพระราชบัญญัติประกอบรัฐธรรมนูญว่าด้วยคณะกรรมการสิทธิมนุษยชนแห่งชาติ ทั้งนี้ บทบัญญัติเกี่ยวกับการสรรหาต้องกําหนดให้ผู้แทนองค์กรเอกชนด้านสิทธิมนุษยชนมีส่วนร่วมในการสรรหาด้วย (มาตรา ๒๔๖)
National Human Rights Bodies
- EnglishThe Ombudsman is an office established to guarantee the rights of citizens and to uphold legality and justice in the actions of the Public Administration. (Art. 255)
- PortugueseO Provedor de Justiça é um órgão que tem como função a garantia dos direitos dos cidadãos, a defesa da legalidade e da justiça na actuação da Administração Pública. (Art. 255)
National Human Rights Bodies
- English(1) There shall be an Ombudsman Commission, consisting of a Chief Ombudsman and two Ombudsmen.
(2) The members of the Commission shall be appointed by the Head of State, acting with, and in accordance with, the advice of an Ombudsman Appointments Committee consisting of-
(a) the Prime Minister, who shall be Chairman; and
(b) the Chief Justice; and
(c) the Leader of the Opposition; and
(d) the Chairman of the appropriate Permanent Parliamentary Committee, or, if the Chairman is not a member of the Parliament who is recognized by the Parliament as being generally committed to support the Government in the Parliament, the Deputy Chairman of that Committee; and
(e) the Chairman of the Public Services Commission.
… (Sec. 217)
National Human Rights Bodies
- English
[The following] are attributions of the National Assembly:
...
9) To elect with sixty percent of the votes of the total of the Deputies of the National Assembly, from separate lists proposed for each office [cargo] by the President of the Republic and by the Deputies, in consultation with the pertinent civil organizations:
...
d) The Procurator and Sub-Procurator for the Defense of Human Rights;
... (Art. 138) - Spanish
Son atribuciones de la Asamblea Nacional:
...
9) Elegir con el sesenta por ciento de los votos del total de los Diputados de la Asamblea Nacional, de listas separadas propuestas para cada cargo por el Presidente de la República y por los Diputados, en consulta con las organizaciones civiles pertinentes:
...
d) Al Procurador y Subprocurador para la Defensa de los Derechos Humanos.
... (Art. 138)
National Human Rights Bodies
- English1. There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.
…
4. Parliament may make provision for the functions, powers and duties of the Ombudsman.
… (Sec. 66)
National Human Rights Bodies
- English…
(11) The chairperson and vice-chairperson of a commission6 shall not be of the same gender.
… (Art. 250) - Swahili…
(11) Mwenyeketi na makamu mwenyekiti wa tume hawatakuwa wa jinsia moja.
… (Kifungu cha 250)
National Human Rights Bodies
- English
1. The Commissioner for Human Rights in the Republic of Kazakhstan shall contribute to the restoration of violated rights and freedoms of a human and a citizen, promote the rights and freedoms of a human and a citizen.
2. When exercising his/her powers, the Commissioner for Human Rights shall be independent and not accountable to state bodies and officials.
3. During the term of his/her powers, the Commissioner for Human Rights may not be arrested, brought to justice, subjected to administrative penalties imposed in court, brought to criminal responsibility without the consent of the Senate, except for cases of detention at the scene of a crime or serious crimes.
4. The legal status and organization of activities of the Commissioner for Human Rights shall be determined by the constitutional law. (Art. 83-1) - Kazak
1. Қазақстан Республикасындағы Адам құқықтары жөніндегі уəкіл адам мен азаматтың бұзылған құқықтары мен бостандықтарын қалпына келтіруге жəрдемдеседі, адам мен азаматтың құқықтары мен бостандықтарын ілгерілетуге ықпал етеді.
2. Адам құқықтары жөніндегі уəкіл өз өкілеттіктерін жүзеге асыру кезінде тəуелсіз болады жəне мемлекеттік органдар мен лауазымды адамдарға есеп бермейді.
3. Қылмыс орнында ұстап алынған немесе ауыр қылмыстар жасаған жағдайлардан басқа кезде, Адам құқықтары жөніндегі уəкілді өз өкілеттігінің мерзімі ішінде тұтқынға алуға, күштеп əкелуге, оған сот тəртібімен белгіленетін əкімшілік жазалау шараларын қолдануға, Сенаттың келісімінсіз қылмыстық жауаптылыққа тартуға болмайды.
4. Адам құқықтары жөніндегі уəкілдің құқықтық жағдайы жəне қызметін ұйымдастыру конституциялық заңда айқындалады. (83-1-бап)
National Human Rights Bodies
- English
The Public Legal Defense is a permanent institution, essential to the jurisdictional function of the State, and is responsible primarily, as an expression and an instrument of the democratic regime, for the judicial guidance, the promotion of human rights, and the full and free-of-charge defense, in all levels, both judicially and extrajudicially, of individual and collective rights of the needy, under the terms of item LXXIV of article 5, of the Federal Constitution.
… (Art. 134) - Portuguese
A Defensoria Pública é instituição permanente, essencial à função jurisdicional do Estado, incumbindo-lhe, como expressão e instrumento do regime democrático, fundamentalmente, a orientação jurídica, a promoção dos direitos humanos e a defesa, em todos os graus, judicial e extrajudicial, dos direitos individuais e coletivos, de forma integral e gratuita, aos necessitados, na forma do inciso LXXIV do art. 5º desta Constituição Federal.
… (Art. 134)
National Human Rights Bodies
- EnglishThe Human Rights Commission shall, with respect to the applications of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this Constitution, or any other written law but shall not exercise a judicial or legislative function and shall not be given powers so to do. (Sec. 130)