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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.
ABOUT 106 RESULTS
Limitations and/or Derogations
Eswatini
- English...
(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter8 but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)
Limitations and/or Derogations
Eswatini
- EnglishThe exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -
…
(d) respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Sec. 63)
Limitations and/or Derogations
Eswatini
- EnglishNotwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms
(a) life, equality before the law and security of person;
(b) the right to fair hearing;
(c) freedom from slavery or servitude;
(d) the right to an order in terms of section 35 (1); and
(e) freedom from torture, cruel, inhuman or degrading treatment or punishment. (Sec. 38)
Limitations and/or Derogations
Eswatini
- English(1) Without prejudice to the power of Parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this Chapter to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period.
(2) A law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this Chapter under which that law is passed. (Sec. 37)
Marriage and Family Life
Eswatini
- English(1) Men and women of marriageable age have a right to marry and found a family.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental unit of society and is entitled to protection by the State.
(4) Motherhood and childhood are entitled to special care and assistance by society and the State.
(5) Society and the State have the duty to preserve and sustain the harmonious development, cohesion and respect for the family and family values.
(6) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of the needy and the elderly.
(Sec. 27)
Marriage and Family Life
Eswatini
- English(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter9 are hereby declared and guaranteed, namely –
…
(f) respect for rights of the family, women, children, workers and persons with disabilities.
… (Sec. 14)
Marriage and Family Life
Eswatini
- English…
(5) The State shall make reasonable provision for the welfare and maintenance of the aged and shall protect the family and recognise the significant role of the family in society.
… (Sec. 60)
Marriage and Family Life
Eswatini
- English(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)
Marriage and Family Life
Eswatini
- EnglishFor the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is abolished. (Sec. 31)
Marriage and Family Life
Eswatini
- English…
(3) The child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents.
(4) Children whether born in or out of wedlock shall enjoy the same protection and rights.
(5) Children have the duty to respect their parents at all times and to maintain those parents in case of need.
…
(7) Parliament shall enact laws necessary to ensure that ¬
(a) a child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
(b) a child is entitled to reasonable provision out of the estate of its parents;
(c) parents undertake their natural right and obligation of care, maintenance and proper upbringing of their children;
… (Sec. 29)