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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
Sexual and Reproductive Rights
Eswatini
- English…
(5) Abortion is unlawful but may be allowed -
(a) on medical or therapeutic grounds including where a doctor certifies that –
i. continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman;
ii. continued pregnancy will constitute a serious threat to the mental health of the woman;
iii. there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped;
(b) where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female; or
(c) on such other grounds as Parliament may prescribe. (Sec. 15)
Status of the Constitution
Eswatini
- English(1) This Constitution is the supreme law of Eswatini and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.(2) The King and iNgwenyama and all the citizens of Eswatini have the right and duty at all times to uphold and defend this Constitution.… (Sec. 2)
Status of the Constitution
Eswatini
- EnglishWe, the people …
Now, THEREFORE, WE, iNgwenyama-in-Council, acting together with and on the Approval of the Swazi Nation meeting as the Swazi National Council assembled at Ludzidzini this 4th day of October, 2004, hereby Accept the following Constitution as the Supreme Law of the Land. (Preamble)
Status of the Constitution
Eswatini
- English...(2) Subject to the provisions of this Constitution, the principles of Eswatini customary law (Eswatini law and custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of Eswatini.(3) The provisions of subsection (2) do not apply in respect of any custom that is, and to the extent that it is, inconsistent with a provision of this Constitution or a statute, or repugnant to natural justice or morality or general principles of humanity.... (Sec. 252)
Status of the Constitution
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 -
(a) uphold and defend this Constitution and the law;
… (Sec. 63)
Status of International Law
Eswatini
- EnglishWhere Eswatini or the Government was a party immediately before the commencement of this Constitution to any treaty, agreement or convention, such treaty, agreement or convention shall not be affected by the commencement of this Constitution, and Eswatini or the Government as the case may be, shall continue to be party to it. (Sec. 279)
Status of International Law
Eswatini
- English…(4) Unless it is self-executing, an international agreement becomes law in Eswatini only when enacted into law by Parliament.… (Sec. 238)
Women’s Rights
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.
(2) Subject to the availability of resources, the Government shall provide facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.
(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)
Jurisdiction and Access
Eswatini
- English…
(2) Without derogating from the generality of subsection (1) the High Court has jurisdiction -
(a) to enforce the fundamental human rights and freedoms guaranteed by this Constitution; and
(b) to hear and determine any matter of a constitutional nature.
… (Sec. 151)
Obligations of the State
Eswatini
- EnglishWe, the people of Eswatini …Whereas it is necessary to protect and promote the fundamental rights and freedoms of ALL in our Kingdom in terms of a constitution which binds the Legislature, the Executive, the Judiciary and the other Organs and Agencies of the Government;… (Preamble)