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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...
(3) Any person claiming that any provision in this Part of this Chapter3 or in any law concerning his right or duty owed to him has been, is being or is likely to be violated by any person anywhere in the United Republic, may institute proceedings for redress in the High Court.
(4) Subject to the other provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of -
(a) regulating procedure for instituting proceedings pursuant to this Article;
(b) specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article; and
(c) ensuring the effective exercise of the powers of the High Court, the preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution.
(5) Where in any proceedings it is alleged that any law enacted or any action taken by the Government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in Articles 12 to 29 of this Constitution, and the High Court is satisfied that the law or action concerned, to the extent that it conflicts with this Constitution, is void, or is inconsistent with this Constitution, then the High Court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the Government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the High Court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the High Court lapses, whichever is the earlier. (Art. 30)
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…
(4) This Constitution shall be enforced through the courts, to ensure that––
…
(b) rights and freedoms are protected;
… (Sec. 2) - iTaukei…
(4) Na Yavunivakavulewa qo e dodonu me vaqaqacotaka na mataveilewai me vakadeitaka na—
…
(b) maroroi na dodonu kei na galala;
… (Sec. 2)
Judicial Protection
- English(1) An appeal to the Court of Appeal shall lie as of right from final decisions of the High Court given in exercise of the jurisdiction conferred on the High Court by section 24 (which relates to the enforcement of fundamental rights and freedoms).
(2) An appeal shall lie as of right to the Caribbean Court of Justice from any decision given by the Court of Appeal in any such case.
… (Sec. 87)
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
(1) Subject to the provisions of subsection (6) of this section, if any person alleges that any of the provisions of sections 3 to 164 (inclusive) 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 the preceding subsection;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following subsection, and may make such orders, issue such writs and give such directions, including the payment of compensation, as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 3 to 16 (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 subordinate court any question arises as to the contravention of any of the provisions of sections 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) Any person aggrieved by any determination of the High Court under this section may appeal therefrom to the Court of Appeal:
Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that it is frivolous or vexatious.
(5) Parliament may confer upon the High Court powers additional to those conferred by this section for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) Rules of court making provision with respect to the practise and procedure of the High Court in relation to the jurisdiction conferred on it by or under this section (including rules with respect to the time within which any application or reference shall or may be made or brought) may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally. (Sec. 18)
Judicial Protection
- EnglishSubject to section 36, 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 18 (which relates to the enforcement of the fundamental rights and freedoms);
… (Sec. 98)
Judicial Protection
- EnglishAnyone whose rights or freedoms, as guaranteed by this Chapter, have been infringed or denied may apply to a court to obtain a just remedy. (Art. 65)
- Dhivehiމި ބާބުގައި ބަޔާންކޮށްފައިވާ އެއްވެސް ޙައްޤެއް ނުވަތަ މިނިވަންކަމެއް އެއްވެސް މީހެއްގެ ކިބައިން ނިގުޅައިގެންފިނަމަ، ނުވަތަ ހިފަހައްޓައިފިނަމަ، އިންސާފްވެރި ޙައްލެއް ހޯދުމަށްޓަކައި އެ މައްސަލަ ކޯޓަށް ހުށަހެޅުމުގެ ޙައްޤު އެ މީހަކަށް ލިބިގެވެއެވެ. (ޤާނޫނުއަސާސީގެ 65 ވަނަ މާއްދާ)
Judicial Protection
- English
The Constitutional Court may be referred to [a matter] of a pleading of unconstitutionality on remand of the Supreme Court or of the Council of State, when one of the parties in the process sustains before a jurisdiction that the legislative or regulatory provision on which the outcome of the litigation depends infringes the rights and the freedoms guaranteed by the Constitution.
... (Art. 195) - Arabic
يمكن إخطار المحكمة الدستورية بالدفع بعدم الدستورية بناء على إحالة من المحكمة العليا أو مجلس الدولة، عندما يدعي أحد األطراف في المحاكمة أمام جهة قضائية أن الحكم التشريعي أو التنظيمي الذي يتوقف عليه مآل النزاع ينتهك حقوقه وحرياته التي يضمنها الدستور.
... (المــادة 195) - French
La Cour constitutionnelle peut être saisie d’une exception d’inconstitutionnalité sur renvoi de la Cour suprême ou du Conseil d’Etat, lorsque l’une des parties au procès soutient devant une juridiction que la disposition législative ou réglementaire dont dépend l’issue du litige porte atteinte à ses droits et libertés tels que garantis par la Constitution.
... (Art. 195)
Judicial Protection
- EnglishEveryone has the right, on the terms established by the human rights treaties, pacts and conventions ratified by the Republic, to address petitions and complaints to the intentional organs created for such purpose, in order to ask for protection of his or her human rights.
The State shall adopt, in accordance with the procedures established under this Constitution and by the law, such measures as may be necessary to enforce the decisions emanating from international organs as provided for under this article. (Art. 31) - SpanishToda persona tiene derecho, en los términos establecidos por los tratados, pactos y convenciones sobre derechos humanos ratificados por la República, a dirigir peticiones o quejas ante los órganos internacionales creados para tales fines, con el objeto de solicitar el amparo a sus derechos humanos.
El Estado adoptará, conforme a procedimientos establecidos en esta Constitución y la ley, las medidas que sean necesarias para dar cumplimiento a las decisiones emanadas de los órganos internacionales previstos en este artículo. (Art. 31)