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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.
Judicial Protection
- English…
4. This Bill of Rights shall be upheld by the Supreme Court and other competent courts and monitored by the Human Rights Commission. (Art. 9)
Judicial Protection
- English(1) A court or tribunal determining a question which has arisen in connection with a Convention right9 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention,
whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)
Judicial Protection
- English(1) Subject to the provisions of section 40(7) of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases:
…
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms).
… (Sec. 105)
Judicial Protection
- English(1) Any of the following persons, namely—
(a) any person acting in their own interests;
(b) any person acting on behalf of another person who cannot act for themselves;
(c) any person acting as a member, or in the interests, of a group or class of persons;
(d) any person acting in the public interest;
(e) any association acting in the interests of its members;
is entitled to approach a court, alleging that a fundamental right or freedom enshrined in this Chapter has been, is being or is likely to be infringed, and the court may grant appropriate relief, including a declaration of rights and an award of compensation.
… (Sec. 85)
Judicial Protection
- EnglishThe Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal. (Human Rights Act 1993, Sec. 93)
Judicial Protection
- English(1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive)4 of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section and may make such declarations or orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of section 2 to 15 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal, the High Court or a court martial) any question arises as to the contravention of any of the provisions of section 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so request, refer the question to the High Court unless, in his opinions, the raising of the question is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 16)
Judicial Protection
- English
Courts shall not be entitled to apply the laws and other normative legal acts that infringe on the rights and freedoms of a human and a citizen enshrined in the Constitution. If the court sees that a law or other normative legal act to be applied infringes on the rights and freedoms of a human and a citizen enshrined in the Constitution, it shall be obliged to suspend the proceedings and apply to the Constitutional Court with a motion to recognize this act as unconstitutional. (Art. 78)
- Kazak
Соттардың Конституциямен баянды етілген адамның және азаматтың құқықтары мен бостандықтарына нұқсан келтіретін заңдар мен өзге де нормативтік құқықтық актілерді қолдануға хақысы жоқ. Егер сот қолданылуға тиісті заң немесе өзге де нормативтік құқықтық акт Конституциямен баянды етілген адамның және азаматтың құқықтары мен бостандықтарына нұқсан келтіреді деп тапса, іс жүргізуді тоқтата тұруға және осы актіні конституциялық емес деп тану туралы ұсыныспен Конституциялық Сотқа жүгінуге міндетті. (78-бап)
Judicial Protection
- English
(1) The High Court has jurisdiction-
(a) in relation to Part II (Bill of Rights) of this Constitution - as provided by Division 5 (Enforcement of the Bill of Rights) of that Part;
… (Sec. 133)
Judicial Protection
- EnglishThe Tribunals of the Federation will resolve any dispute that arises[:]
I. From general norms, acts or omissions of the authority that violates the human rights and the guarantees granted for their protection by this Constitution, as well as from the international treaties to which the Mexican State is party;
... (Art. 103) - SpanishLos Tribunales de la Federación resolverán toda controversia que se suscite
I. Por normas generales, actos u omisiones de la autoridad que violen los derechos humanos reconocidos y las garantías otorgadas para su protección por esta Constitución, así como por los tratados internacionales de los que el Estado Mexicano sea parte;
... (Art. 103)
Judicial Protection
- English…
(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II5 is involved, have the power to make an order of the nature mentioned in the said Article. (Art. 184) - Urdu…
(۳) آرٹیکل ۱۹۹ کے احکام پر اثرانداز ہوئے بغیر، عدالت عظمی کو، اگر وہ یہ سمجھے کہ حصہ دوم کے باب ا کے ذریعے تفویض شدہ بنیادی حقوق میں سے کسی حق کے نفاذ کے سلسلے میں عوامی اہمیت کا کوئی سوال درپیش ہے، مذکورہ آرٹیکل میں بیان کردہ نوعیت کا کوئی حکم صادر کرنے کا اختیار ہو گا۔ (آرٹیکل ۱۸۴)