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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.
Limitations and/or Derogations
- EnglishNo revision may infringe the provisions relative to the Muslim religion, on the monarchic form of the State, on the democratic choice of the Nation or on [those] acquired in matters of [the] freedoms and of fundamental rights inscribed in this Constitution. (Art. 175)
- Arabicلايحقّ أن تتناول المراجعة الأحكام المتعلّقة بالّدين الإسلامي، وبالنّظام الملكي للدّولة، وبالاختيار الديمقراطي للأمّة، وبالمكتسبات في مجال الحريات والحقوق الأساسية المنصوص عليها في هذا الدّستور. (الفصل 175)
Limitations and/or Derogations
- English1. The exercise of fundamental rights may only be restricted in cases provided for by the Constitution and suspended during a state of siege or a state of emergency declared under the terms of the Constitution and of the law.
2. No restriction or suspension of a right may be imposed for longer than strictly necessary. (Art. 19) - Portuguese1. O exercício dos direitos fundamentais só pode ser restringido nos casos previstos na Constituição e suspenso na vigência de estado de sítio ou de estado de emergência declarados nos termos da Constituição e da lei.
2. Nenhuma restrição ou suspensão de direito pode ser estabelecida para além do estritamente necessário. (Art. 19)
Limitations and/or Derogations
- English(1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including—
(a) the nature of the right;
(b) the importance of the purpose of the limitation;
(c) the nature and extent of the limitation;
(d) the relation between the limitation and its purpose; and
(e) less restrictive means to achieve the purpose.
(2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights. (Sec. 36)
Limitations and/or Derogations
- EnglishIt is recognised and declared that every person in Zambia has been and shall continue to be 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, sex or marital status, but subject to the limitations contained in this Part7, to each and all of the following, namely:
a. life, liberty, security of the person and the protection of the law;
b. freedom of conscience, expression, assembly, movement and association;
c. protection of young persons from exploitation;
d. protection for the privacy of his home and other property and from deprivation of property without compensation;
and the provisions of this Part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in this Part, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Art. 11)
Limitations and/or Derogations
- EnglishThe Republic proclaims respect [for] and the intangible guarantee of the development of the personality.
Each has the right to the free development of their personality if they neither violate the rights of others, nor infringe the constitutional order. (Art. 2) - FrenchLa République proclame le respect et la garantie intangible au développement de la personnalité.
Chacun a droit au libre épanouissement de sa personnalité pourvu qu’il ne viole le droit d’autrui, ni n’enfreigne l’ordre constitutionnel. (Art. 2)
Limitations and/or Derogations
- English1. The National Assembly or any subordinate legislative authority shall not make any law, and the Executive and the agencies of government shall not take any action that abolishes or abridges the fundamental rights and freedoms conferred by this Constitution, unless so authorised by this Constitution. Any law or action in violation thereof shall be null and void.
… (Art. 28)
Limitations and/or Derogations
- EnglishThe exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—
…
(d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Art. 41)
Limitations and/or Derogations
- Englisha. Emergency powers do not include the power to suspend or abrogate the Constitution, dissolve the Legislature, or suspend or dismiss the Judiciary; and no constitutionals amendment shall be promulgated during a state of emergency. Where the Legislature is not in session, it must be convened immediately in special session and remain in session during the entire period of the state of emergency.
b. The writ of habeas corpus shall remain available and exercisable at all times and shall not be suspended on account of any state of emergency. It shall be enjoyed in the most free, easy, inexpensive, expeditious and ample manner. Any person who suffers from a violation of this right may challenge such violation in a court of competent jurisdiction. (Art. 87)
Limitations and/or Derogations
- EnglishUnder a state of siege or a state of emergency, the following measures restricting personal freedoms may be taken:
a. obligation to remain in a certain place;
b. detention;
c. detention in buildings not intended for persons accused or convicted of common crimes;
d. restrictions relating to the inviolability of correspondence, the confidentiality of communication, the provision of information and the freedom of the press and of radio and television broadcasting;
e. home search and apprehension;
f. suspension of the freedom of assembly and demonstration;
g. requisitions of goods and services. (Art. 295) - PortugueseAo abrigo do estado de sítio ou de emergência podem ser tomadas as seguintes medidas restritivas da liberdade das pessoas:
a) obrigação de permanência em local determinado;
b) detenção;
c) detenção em edifício não destinado a acusados ou condenados por crimes comuns;
d) restrições relativas à inviolabilidade da correspondência, ao sigilo das comunicações, à prestação de informações e à liberdade de imprensa, radiodifusão e televisão.
e) busca e apreensão em domicílio;
f) suspensão de liberdade de reunião e manifestação;
g) requisição de bens e serviços. (Art. 295)
Limitations and/or Derogations
- English
(1) A law made in relation to a disciplinary force of Seychelles may, in so far as it is necessary in a democratic society11, provide for the derogation against the provisions of the Charter12, other than articles 15, 16, and 17.
(2) A law of a country other than Seychelles whose disciplinary force is lawfully in Seychelles in pursuance of arrangements made between the Government of Seychelles and another government or an international organization shall, in so far as the law applies to the disciplinary force, not be held to be inconsistent or in contravention of the provisions of the Charter.
(3) A law which authorises the taking of any measure against a member of a disciplinary force of a country with which Seychelles is at war shall not be held to be inconsistent with the Charter.
(4) A law referred to in clause (3) shall not provide for the doing of anything which constitutes the crime of genocide or a crime against humanity. (Art. 44)