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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.
Marriage and Family Life
- English
The family constitutes the basic unit [cellule] of the society. The State assures its protection.
Parental authority is exercised by the father and mother or, failing that, by any other person in accordance with the law. (Art. 31) - French
La famille constitue la cellule de base de la société. L'Etat assure sa protection.
L’autorité parentale est exercée par les père et mère ou, à défaut, par toute autre personne conformément à la loi. (Art. 31)
Marriage and Family Life
- English…
(2) The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children—
(a) enjoy family or parental care, or appropriate care when removed from the family environment;
… (Sec. 19)
Marriage and Family Life
- EnglishApart from those cases expressly provided for in other Articles of this Fundamental Law, the following are matters reserved to the law:
…
c) … the estate and capacity of persons, the matrimonial regimes and inheritance.
… (Art. 69) - SpanishAparte de los casos expresamente previstos en otros artículos de esta Ley Fundamental, son materias reservadas a la ley las siguientes:
…
c) … el estado y la capacidad de las personas, los regimens matrimoniales y las sucesiones.
… (Art. 69) - FrenchOutre les cas expressément prévus dans d'autres articles de cette Loi fondamentale, les matières suivantes relèvent du domaine de la loi:
…
c) … l'état et la capacité des personnes, les régimes matrimoniaux et les successions.
… (Art. 69)
Marriage and Family Life
- English(1) Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interest of children, to know and be cared for by their parents.
… (Sec. 29)
Marriage and Family Life
- EnglishParliament shall—
...
(c) enact legislation—
…
(iii) to regulate the recognition and protection of matrimonial property and in particular the matrimonial home during and on the termination of marriage;
… (Art. 68) - SwahiliBunge-
…
(c) litatunga sheria-
...
(iii) ili kudhibiti utambuzi na ulinzi wa mali ya wana ndoa na hususani nyumba ya wanandoa wakati na siku ya kuvunjika kwa ndoa;
… (Kifungu cha 68)
Marriage and Family Life
- English1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
2. Each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
3. All men and women have the right to marry and found a family.
4. No person shall be forced to enter into marriage.
5. Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
6. No person over the age of eighteen years shall be prevented from entering into marriage.
7. [Repealed by Act No. 17 of 2015]
8. [Repealed by Act No. 17 of 2015]. (Sec. 22)
Marriage and Family Life
- English…
(3) The following persons shall be citizens of Namibia by marriage:
(a) those who are not Namibian citizens under Sub-Article (1) or (2) hereof and who:
(aa) in good faith marry a Namibian citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for Namibian citizenship if this Constitution had been in force; and
(bb) subsequent to such marriage have ordinarily resided in Namibia as the spouse of such person for a period of not less than ten (10) years; and
(cc) apply to become citizens of Namibia;
(b) for the purposes of this Sub-Article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this Sub-Article.
… (Art. 4)
Marriage and Family Life
- English1. Everyone shall have the right to form a family and to enter into matrimony in full equality.
2. The law shall regulate the requirements and effects of marriage and of its dissolution, by death or divorce, independently of the form of its celebration.
3. Spouses shall have equal rights and duties with respect to civil and political responsibility and to the maintenance and raising of their children.
4. Children born out of wedlock may not, for that reason, be the object of any discrimination.
5. Parents shall have the right and duty to raise and maintain their children. (Art. 26) - Portuguese1. Todos têm o direito de constituir família e de contrair casamento em condições de plena igualdade.
2. A lei regula os requisitos e os efeitos do casamento e da dissolução, por morte ou divórcio, independentemente da forma de celebração.
3. Os cônjuges têm iguais direitos e deveres quanto à capacidade civil e política e à manutenção e educação dos filhos.
4. Os filhos nascidos fora do casamento não podem, por esse motivo, ser objecto de qualquer discriminação.
5. Os pais têm o direito e o dever de educação e manutenção dos filhos. (Art. 26)
Marriage and Family Life
- EnglishThe freedom to marry is guaranteed, as well as the right to choose his or her partner. Marriage may only be concluded with the free and full consent of the future spouses.
Marriage between two persons of the same sex is prohibited. (Art. 29) - KirundiUburenganzira bwo kwabirana burubahirizwa, co kimwe no kwitorera uwo mwabirana. Ukwabirana gushoboka iyo abashaka kwabirana bavyiyemereye ata gahato.
Ukwabirana kw’abafise igitsina kimwe kurabujijwe. (Ingingo ya 29) - FrenchLa liberté de se marier est garantie, de même que le droit de choisir son ou sa partenaire. Le mariage ne peut être conclu qu’avec le libre et plein consentement des futurs époux.
Le mariage entre deux personnes de même sexe est interdit. (Art. 29)
Marriage and Family Life
- English...
(2) Religious observances may be conducted at state or state-aided institutions, provided that-
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.
(3) (a) This section does not prevent legislation recognising-
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. (Sec. 15)