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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.
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Citizenship and Nationality
Eswatini
- English(1) A person may acquire citizenship by registration where that person satisfies the Board on the conditions set out in subsection (2), (3) or (4).(2) The conditions for registration of a person are that the person-(a) has been ordinarily and lawfully resident in Eswatini,(i) for a continuous period of at least twelve months immediately preceding the date of application for registration; and(ii) for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration.(b) is of good character;(c) has an adequate knowledge of siSwati or English;(d) intends, in the event of citizenship being granted, to reside in Eswatini;(e) has adequate means for support whilst in Eswatini; and(f) has contributed and shall contribute to the development of the country.(3) A person who is ordinarily resident in Eswatini and has been so resident for a period of at least ten years and whose application is supported by a Chief after consultation with bandlancane or supported by three reputable citizens, may be registered as a citizen.(4) Citizenship by registration shall not be granted to any person under this section until that person has taken the oath or affirmation of allegiance in the Second Schedule or such other oath or affirmation as may be prescribed.(5) The person to whom citizenship is granted in terms of this section shall be a citizen from the date on which a certificate of registration as a citizen is granted.(6) In this section, “bandlancane” means a Chief’s council established in accordance with Eswatini law and custom. (Sec. 45)
Citizenship and Nationality
Eswatini
- English(1) A woman who is not a citizen of Eswatini at the date of her marriage to a person who is a citizen (otherwise than by registration) shall become a citizen by lodging a declaration in the prescribed manner with the Minister responsible for citizenship or with any Diplomatic Mission or Consular Office of Eswatini or at any other prescribed office, either before or at any time during the marriage, accepting Eswatini citizenship.(2) A woman who lodges a declaration in terms of subsection (1) shall be a citizen from the date of her marriage, where the declaration is lodged before the marriage, or where the declaration is lodged after marriage, from date of lodgement.(3) This section applies to marriage whether before or after the commencement of this Constitution. (Sec. 44)
Citizenship and Nationality
Eswatini
- English(1) The death of a citizen of Eswatini shall not affect the citizenship of a surviving spouse or child or another dependant.(2) Loss of Eswatini citizenship by a person shall not of itself affect the citizenship of a spouse or child. (Sec. 52)
Citizenship and Nationality
Eswatini
- English(1) A person born in Eswatini after the commencement of this Constitution is a citizen of Eswatini by birth if at the time of birth the father of that person was a citizen of Eswatini in terms of this Constitution.(2) A person born outside Eswatini after the commencement of this Constitution is a citizen of Eswatini if at the time of birth the father of that person was a citizen of Eswatini in terms of this Constitution.(3) A person born outside Eswatini who becomes a citizen by virtue of subsection (2) shall cease to be a citizen if the father of that person was also born outside Eswatini unless, within one year after attaining the age of majority (or within such extended time as the Board may allow) that person notifies the Board in writing of the desire to retain the citizenship of Eswatini.(4) Where a child born outside of marriage is not adopted by its father or claimed by that father in accordance with Eswatini law and custom and the mother of that child is a citizen of Eswatini, the child shall be a citizen of Eswatini by birth.(5) A child adopted, whether before or after the commencement of this Constitution, under the legislation relating to the adoption of children or under customary law, shall, if not already a citizen, be deemed to be a citizen of Eswatini by birth if, at the time of adoption the adoptive parent was a citizen of Eswatini or would have been a citizen if this Constitution were in force. (Sec. 43)
Education
Eswatini
- English…
(8) Without compromising quality the State shall promote free and compulsory basic education for all … (Sec. 60)
Education
Eswatini
- English…
(6) Every Swazi child shall within three years of the commencement of this Constitution have the right to free education in public schools at least up to the end of primary school, beginning with the first grade.
… (Sec. 29)
Employment Rights and Protection
Eswatini
- English(1) A person has the right to practise a profession and to carry on any lawful occupation, trade or business.
…
(3) The employer of a female worker shall accord that worker protection before and after child birth in accordance with law.
(4) Parliament shall enact laws to -
(a) provide for the right of persons to work under satisfactory, safe and healthy conditions;
(b) ensure equal payment for equal work without discrimination;
(c) ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for public holidays; and
(d) protect employees from victimisation and unfair dismissal or treatment. (Sec. 32)
Equality and Non-Discrimination
Eswatini
- English(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)
Equality and Non-Discrimination
Eswatini
- English(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) For the avoidance of any doubt, a person shall not be discriminated against on the grounds of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability.
(3) For the purposes of this section, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by gender, race, colour, ethnic origin, birth, tribe, creed or religion, or social or economic standing, political opinion, age or disability.
(4) Subject to the provisions of subsection (5) Parliament shall not be competent to enact a law that is discriminatory either of itself or in its effect.
(5) Nothing in this section shall prevent Parliament from enacting laws that are necessary for implementing policies and programmes aimed at redressing social, economic or educational or other imbalances in society. (Sec. 20)
Equality and Non-Discrimination
Eswatini
- English(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter3 are hereby declared and guaranteed, namely –
(a) … equality before the law and equal protection of the law;
…
(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 Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)