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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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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)
Obligations of the State
Eswatini
- English(1) The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights and freedoms by providing those institutions with adequate resources to function effectively.
(2) The State shall guarantee and respect the independence of non-governmental organisations which protect and promote human rights.
… (Sec. 60)
Obligations of the State
Eswatini
- English…(3) The State shall cultivate among all the people of Eswatini through various measures including civic education respect for fundamental human rights and freedoms and the dignity of the human person.… (Sec. 58)
Obligations of Private Parties
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)
Obligations of Private Parties
Eswatini
- English…(2) The fundamental rights and freedoms enshrined in this Chapter5 shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Eswatini, and shall be enforceable by the courts as provided in this Constitution.(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)
Judicial Protection
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;
… (Sec. 151)
Judicial Protection
Eswatini
- English(1) Where a person alleges that any of the foregoing provisions of this Chapter has been, is being, or is likely to be, contravened in relation to that person or a group of which that person is a member (or, in the case of a person who is detained, where any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction –
(a) to hear and determine any application made in pursuance of subsection (1);
(b) to determine any question which is referred to it in pursuance of subsection (3);
and may make such orders, issue such writs and make such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Chapter.
(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of this Chapter, the person presiding in that court may, and shall where a party to the proceedings so requests, stay the proceedings and refer the question to the High Court unless, in the judgement of that person, which shall be final, the raising of the question is merely frivolous or vexatious.
… (Sec. 35)
Judicial Protection
Eswatini
- English…(2) The fundamental rights and freedoms enshrined in this Chapter6 shall be respected and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies of Government and, where applicable to them, by all natural and legal persons in Eswatini, and shall be enforceable by the courts as provided in this Constitution.… (Sec. 14)
National Human Rights Bodies
Eswatini
- English(1) There shall be established within a year of the first meeting of Parliament after the commencement of this Constitution, a Commission on Human Rights and Public Administration in this Chapter7 referred to as “the Commission”.
…
(3) The members of the Commission shall be appointed by the King on the advice of the Judicial Service Commission.
… (Sec. 163)
National Human Rights Bodies
Eswatini
- English(1) The Commission shall perform the following functions –
(a) investigate complaints concerning alleged violations of fundamental rights and freedoms under this Constitution;
(b) investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties;
(c) investigate complaints concerning the functioning of any public service, service commission, administrative organ of the Government, the Armed Forces in so far as the complaints relate to the failure to achieve acceptable delivery of services or equitable access by all in the recruitment to those services or fair administration by those services;
(d) take appropriate action for the remedying, correction or reversal of instances specified in paragraphs (a), (b) and (c) through such means as are fair, proper and effective, … (Sec. 164)