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.
ABOUT 57 RESULTS
Property, Inheritance and Land Tenure
Kiribati
- English1. Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
2. Where the Republic has acquired any right over or interest in land in Banaba-
a. from any Banaban for the purpose of phosphate extraction; or
b. by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose, the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
3. Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say-
a. the Banaba Island Council has been consulted; and
b. every reasonable effort has been made to acquired the interest by agreement with the person who possesses the right over or interest in the land.
… (Sec. 119)
Protection from Violence
Kiribati
- English1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
… (Sec. 7)
Protection from Violence
Kiribati
- English1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
… (Sec. 6)
Protection from Violence
Kiribati
- 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, to each and all of the following, namely-
a. life, liberty, security of the person and the protection of the law;
… (Sec. 3)
Public Institutions and Services
Kiribati
- English1. The power to grant any award under any pensions law in force in Kiribati (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf in any such law, to withhold, reduces in amount or suspends any award payable under any such law shall vest in the Beretitenti, acting in accordance with the advice of the Public Service Commission.
2. In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependents or personal representatives of that person, of an award in respect of the services of that person in a public office. (Sec. 105)
Public Institutions and Services
Kiribati
- English1. Subject to the provisions of section 105 of this Constitution, the law applicable to the grant and payment to any person, or his widow, children, dependents or personal representatives, of any pension, gratuity or other like allowance (in this section and sections 104 and 105 of this Constitution referred to as an “award”) in respect of the service of that person in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
… (Sec. 103)
Status of the Constitution
Kiribati
- EnglishThis Constitution is the supreme law of Kiribati and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. (Sec. 2)
Jurisdiction and Access
Kiribati
- English...
3. The Beretitenti may withhold his assent to a Bill only if he is of the opinion that the Bill, if assented to, would be inconsistent with this Constitution.
4. If the Beretitenti withholds his assents to a Bill under the preceding subsection, the Bill shall be returned to the Maneaba for amendment.
5. If a Bill which has been returned to the Maneaba under the preceding subsection is again presented to the Beretitent, and the Beretitenti is still of the opinion that the Bill, if assented to, would be inconsistent with this Constitution, the Beretitenti shall refer the Bill to the High Court for a declaration as to whether or not the Bill, if assented to, would be inconsistent with this Constitution.
6. If the High Court declares that the Bill, if assented to, would not be inconsistent with this Constitution, the Beretitenti shall assent to the Bill forthwith; if the High Court declares otherwise, the Bill shall be returned to the Maneaba.
… (Sec. 66)
Jurisdiction and Access
Kiribati
- English1. An appeal shall lie as of right to the Judicial Committee from any decision of the High Court involving the interpretation of this Constitution in any proceedings in which application has been made to the High Court alleging that any provision of this Constitution has been contravened and the rights or interests of any Banaban or of the Rabi Council under this Chapter or Chapter III are being or are likely to be affected by such contravention.
… (Sec. 123)
Jurisdiction and Access
Kiribati
- English1. The High Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.
2. Where any question as to the interpretation of any provision of this Constitution (other than Chapter II) arises in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
3. Where any question is referred to the High Court under the preceding subsection, 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 the Judicial Committee, in accordance with the decision of the Court of Appeal or the Judicial Committee. (Sec. 89)