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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.
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Property, Inheritance and Land Tenure
Malaysia
- English(1) Nothing in this Constitution shall affect the validity of any restrictions imposed by law on the transfer or lease of customary land in the State of Negeri Sembilan or the State of Malacca, or of any interest in such land.
… (Art. 90) - Malay(1) Tiada apa-apa jua dalam Perlembagaan ini boleh menyentuh kesahan apa-apa sekatan yang dikenakan oleh undang-undang ke atas pemindahan hakmilik atau pemajakan tanah adat di Negeri Sembilan atau Negeri Melaka, atau pemindahan hakmilik atau pemajakan apa-apa kepentingan mengenai tanah itu.
… (Perkara 90)
Property, Inheritance and Land Tenure
Ghana
- English(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.
(3) With a view to achieving the full realisation of the rights referred to in clause (2) of this article—
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage. (Art. 22)
Property, Inheritance and Land Tenure
Kiribati
- English1) Subject to the provisions of subsections (4), (5) and (8) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
…
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
…
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;(d) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
… (Sec. 15)
Property, Inheritance and Land Tenure
Dominica
- EnglishWhereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the rights whatever his race, place of origins, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
…
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 1)
Property, Inheritance and Land Tenure
Nepal
- EnglishThe privacy of any person, his or her residence, property, document, data, correspondence and matters relating to his or her character shall, except in accordance with law, be inviolable. (Art. 28)
- Nepaliकुनै पनि व्यक्तिको जीउ, आवास, सम्पत्ति, लिखत, तथ्यांक, पत्राचार र चरित्र सम्बन्धी विषयको गोपनीयता कानून बमोजिम बाहेक अनतिक्रम्य हुनेछ । (धारा २८)
Property, Inheritance and Land Tenure
Lesotho
- English1. Subject to the provisions of subsections (4) and (5) no law shall make any provision that is discriminatory either of itself or in its effect.
…
3. In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law to the extent that that law makes provision—
…
b. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
… (Sec. 18)
Property, Inheritance and Land Tenure
Solomon Islands
- EnglishWhereas 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, to each and all of the following, namely:-
…
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 3)
Property, Inheritance and Land Tenure
Guatemala
- EnglishPrivate property is guaranteed as a right inherent to the human person. Any person can freely dispose of his [or her] property in accordance with the law.
The State guarantees the exercise of this right and must create the conditions that enable [faciliten] the owner to use and enjoy his [or her] property, in such a way as to achieve individual progress and the national development to [the] benefit of all Guatemalans. (Art. 39) - SpanishSe garantiza la propiedad privada como un derecho inherente a la persona humana. Toda persona puede disponer libremente de sus bienes de acuerdo con la ley.
El Estado garantiza el ejercicio de este derecho y deberá crear las condiciones que faciliten al propietario el uso y disfrute de sus bienes, de manera que se alcance el progreso individual y el desarrollo nacional en beneficio de todos los guatemaltecos. (Art. 39)
Property, Inheritance and Land Tenure
Philippines
- EnglishSave in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. (Art. XII, Sec. 7)
- FilipinoHindi dapat malipat o masalin ang ano mang pribadong lupain maliban sa pagmamana, at sa mga tao, mga korporasyon o mga asosasyon na may karapatang magtamo o maghawak ng mga lupaing ari ng bayan. (Art. XII, Seksyon 7)
Property, Inheritance and Land Tenure
Mali
- English…
The law establishes the rules concerning:
…
– … the estate and the capacity of persons, the matrimonial regimes, inheritance and gifts, the regime of property, of real rights and of civil and commercial obligations, … (Art. 70) - French…
La Loi fixe les règles concernant :
…
• … l'état et la capacité des personnes, les régimes matrimoniaux, les successions et libéralités, le régime de la propriété, des droits réels et des obligations civiles et commerciales, … (Art. 70)