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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.
Employment Rights and Protection
- English
(1) It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by domestic violence.
(2) The areas to which subsection (1) applies are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work.
(3) In this section, an employer treats adversely an employee if the employer—
(a) dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
(b) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
(c) subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
(d) retires that employee, or requires or causes that employee to retire or resign.
(4) For the purposes of this section,— child has the meaning given to it in section 8 of the Family Violence Act 2018
family violence has the meaning given to it in section 9 the Family Violence Act 2018, person affected by family violence means a person who is 1 or both of the following:
(a) a person against whom any other person is inflicting, or has inflicted, family violence:
(b) a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.
(5) Subsection (1) applies regardless of how long ago the family violence occurred or is suspected or assumed or believed to have occurred, and even if the family violence occurred or is suspected or assumed or believed to have occurred before the person became an employee. (Human Rights Act 1993, Sec. 62A)
Employment Rights and Protection
- English(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work:
(c) participation in, or the making of an application for participation in a partnership:
(d) membership, or the making of an application for membership, of an industrial union or professional or trade association:
(e) access to any approval, authorisation, or qualification:
(f) vocational training, or the making of an application for vocational training:
…
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)
Employment Rights and Protection
- EnglishNothing in section 22 shall prevent restrictions imposed by an employer—
(a) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—
(i) there would be a reporting relationship between them; or
(ii) there is a risk of collusion between them to the detriment of the employer; or
(b) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer. (Human Rights Act 1993, Sec. 32)
Employment Rights and Protection
- EnglishFor the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants— shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)
Employment Rights and Protection
- English(1) Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 shall prevent different treatment based on sex where—
(a) the position needs to be held by one sex to preserve reasonable standards of privacy; or
(b) the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
(i) the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
(ii) it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. (Human Rights Act 1993, Sec. 27)
Employment Rights and Protection
- English
(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part5 shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
(2) Nothing in this Part—
(a) limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or
(b) makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status. (Human Rights Act 1993, Sec. 73)
Equality and Non-Discrimination
- EnglishWhere any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. (Human Rights Act 1993, Sec. 65)
Equality and Non-Discrimination
- English
The purpose of this Part7 is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 is in breach of this Part if the act or omission is that of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990. (Human Rights Act 1993, Sec. 20I)8
Equality and Non-Discrimination
- EnglishWhere the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 by exercising the skill in relation to one sex only, in accordance with that person’s normal practice. (Human Rights Act 1993, Sec. 47)
Equality and Non-Discrimination
- English
(1) The primary functions of the Commission are—
…
(c) to promote racial equality and cultural diversity; and
…
(2) The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
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(ca) to make public statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
…
(l) to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
… (Human Rights Act 1993, Sec. 5)