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.
Limitations and/or Derogations
- English1. In this Chapter “period of public emergency” means any period during which-
a. Kiribati is at war; or
b. there is in force a proclamation made under this section.
2. The Beretitenti, acting in accordance with the advice of the Cabinet, may at any time declare that a state of public emergency exists and make regulations for the purpose of dealing with the public emergency.
…
5. Nothing contained in or done under the authority of any law or regulation shall be held to be inconsistent with or in contravention of section 5, 6(2), 9, 11, 12, 13, 14, or 15 of this Constitution to the extent that the law or regulation in question makes in relation to any period of public emergency provision, or authorizes the doing during any such period of any thing, that is reasonably justifiable in the circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.
… (Sec. 16)
Limitations and/or Derogations
- 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,
...
the provisions of this Chapter shall have effect for the purpose of affording protection of those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by an individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)
Limitations and/or Derogations
- English
(1) During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
(2) An order made by the President under clause (1.) of this Article 30:
(a) has effect notwithstanding anything in Part II3 of this Constitution or in Article 94;
(b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
(c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
(3) The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. (Art. 78)
Limitations and/or Derogations
- English
(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
...
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, the Charter of Duties and Responsibilities in section 43, and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise-
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
(c) to assemble and associate with others;
(d) to move freely or reside within Tuvalu or to enter and to leave Tuvalu; or
(e) to not be discriminated against;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)
Limitations and/or Derogations
- English
(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)
Limitations and/or Derogations
- 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, ... the provision of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations on that protection as are contained in those provisions, 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. (Sec. 3)
Limitations and/or Derogations
- English(1) When a Proclamation of Emergency has been made and so long as it remains in force, the Head of State may from time to time make such Orders (hereinafter referred to as Emergency Orders) as appear to him to be necessary or expedient for securing the public safety, the defence of Samoa and the efficient prosecution of any war in which Samoa may be engaged, for maintaining public order and the supplies and services essential to the life of the community, and generally for safeguarding the interests and maintaining the welfare of the community.
(2) Emergency Orders may empower or provide for empowering such authorities, persons or classes of persons as may be specified in the Orders to make regulations, rules or bylaws for any of the purposes for which Emergency Orders are authorised under the provisions of this Article to be made, and may contain such incidental and supplementary provisions as appear to the Head of State to be necessary or expedient for making effective the powers conferred under the provisions of clause (1).
(3) Every Emergency Order, if otherwise valid, shall have effect notwithstanding anything contained in Part II.
(4) No provision of any Emergency Order, and no regulation, rule or by-law duly made under the provisions of any such Order, shall be invalid because it deals with any matter already provided for under any law or because of any inconsistency with any such law. (Art. 106) - Samoan(1) I se tulaga ua uma ai ona faia se Poloaiga o se Faalavelave Tupu Faafuasei ma i le vaitaimi uma e faamamaluina ai, e mafai e le Ao o le Malo mai i lea taimi i lea taimi ona faia ni poloaiga (e amata atu nei ona taua o Poloaiga o Faalavelave Tutupu Faafuasei) e pei ona o le a ia silafia ua tatau po o le faafaigofieina ai mo le taofimauina o le saogalemu o le atunuu, le puipuiga o Samoa mai taua faapea le faataunuuina i se tulaga manaomia o so o se taua e ono auai Samoa, mo le tausiga o le nofo filemu o tagata atoa ma mea e fia maua mai ma galuega e tatau mo le soifuaga o tagata uma, ma i le itu aoao mo le puipuiga malu o aia ma le tausiga o le sologa manuia o le atunuu.
(2) E mafai e Poloaiga o Faalavelave Tutupu Faafuasei ona tuuina atu le pule po o le aiaia mo le tuuina atu o le pule i ni pulega, tagata po o vasega o tagata e pei ona o le a faasinoina mai i Poloaiga ia fai ai tulafono faatonutonu, tulafono e puipui ai po o tulafono iti mo so o se faatatauga ua faatagaina ai Poloaiga o Faalavelave Tutupu Faafuasei e tusa ma aiaiga o lenei Mataupu ina ia faia, ma e mafai ona aofia ai ni aiaiga faaopoopo ma itu e aafia e pei ona silafia e le Ao o le Malo ua tatau ai po o le talafeagai ma le tulaga ua i ai mo le faatinoina o pulega na tuuina atu e tusa ma aiaiga o le fuaiupu (1).
(3) O poloaiga o faalavelave tutupu faafuasei uma, ae ese ai pe a o tumau pea le faaaogaina, o le a faatinoina e ui lava i so o se mea o lo o aofia i le Vaega II.
(4) E leai se aiaiga o so o se Poloaiga o Faalavelave Tutupu Faafuasei, ma e leai se tulafono faatonutonu po o se tulafono e puipui ai po o se tulafono laitiiti na faia ma le tatau ai e tusa ma aiaiga o so o sea Poloaiga, o le a faaleaogaina ona ua faapea e faasino i so o se mataupu ua uma ona aiaia e so o se tulafono po ona o le le talafeagai ai ma sea tulafono. (Mataupu 106)
Limitations and/or Derogations
- EnglishWhereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has 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,
…
the subsequent provisions of this Part2 have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)
Limitations and/or Derogations
- English
The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)
Limitations and/or Derogations
- English
(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)