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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 65 RESULTS
Sexual Orientation and Gender Identity
Seychelles
- English(1) The State recognises that the family is the natural and fundamental element of society and the right of everyone to form a family and undertakes to promote the legal, economic and social protection of the family.
(2) The right contained in clause (1) may be subject to such restrictions as may be prescribed by law and necessary in a democratic society including the prevention of marriage between persons of the same sex or persons within certain family degrees. (Art. 32)
Status of the Constitution
Seychelles
- English(1) Except where it is otherwise inconsistent with this Constitution and subject to subparagraph (2), an existing law shall continue in force on and after the date of coming into force of this Constitution.
(2) The Termination of Pregnancy Act, 1981 shall unless sooner repealed, cease to have effect twelve months after the date of coming into force of this Constitution.
… (Schedule 7, Transitional, Part I, Art. 2)
Status of the Constitution
Seychelles
- EnglishIt shall be the duty of every citizen of Seychelles−
(a) to uphold and defend this Constitution and the law;
…
(g) generally, to strive towards the fulfillment of the aspirations contained in the Preamble of this Constitution. (Art. 40)
Status of the Constitution
Seychelles
- EnglishThis Constitution is the supreme law of Seychelles and any law found to be inconsistent with this Constitution is, to the extent of the inconsistency, void. (Art. 5)
Status of the Constitution
Seychelles
- EnglishWe, the People of Seychelles, …
HEREBY adopt and confer upon ourselves this Constitution as the fundamental and supreme law of our Sovereign and Democratic Republic. (Preamble)
Status of International Law
Seychelles
- EnglishThis Chapter14 shall be interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms and a court shall, when interpreting the provision of this Chapter, take judicial notice of−
(a) the international instruments containing these obligations;
(b) the reports and expression of views of bodies administering or enforcing these instruments;
(c) the reports, decisions or opinions of international and regional institutions administering or enforcing Conventions on human rights and freedoms;
(d) the Constitutions of other democratic States or nations and decisions of the courts of the States or nations in respect of their Constitutions. (Art. 48)
Jurisdiction and Access
Seychelles
- English(1) A person who alleges that any provisions of this Constitution, other than a provision of Chapter III3, has been contravened and that the person’s interest is being or is likely to be affected by the contravention may, subject to this article, apply to the Constitutional Court for redress.
(2) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(3) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(4) Upon hearing an application under clause (1), the Constitutional Court may-
(a) declare any act or omission which is the subject of the application to be a contravention of this Constitution;
(b) declare any law or the provision of any law which contravenes this Constitution to be void;
(c) grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate.
…
(6) Where in the course of any proceedings in any court, other than the Court of Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(7) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 130)
Jurisdiction and Access
Seychelles
- English(1) There shall be a Supreme Court which shall, in addition to the jurisdiction and powers conferred by this Constitution, have-
(a) original jurisdiction in matters relating to application, contravention, enforcement interpretation of this Constitution;
…
(2) Proceedings in respect of matters relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Supreme Court.
… (Art. 125)
Obligations of the State
Seychelles
- EnglishWe, the People of Seychelles, …
RECOGNISING the inherent dignity and the equal and inalienable rights of members of the human family as the foundation for freedom, justice, welfare, fraternity, peace and unity;
…
SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to …
• uphold the rule of law based on the recognition of the fundamental human rights and freedoms enshrined in this Constitution and on respect for the equality and dignity of human beings;
… (Preamble)
Obligations of Private Parties
Seychelles
- EnglishWe, the People of Seychelles, …
SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to …
• exercise our individual rights and freedoms with due regard to the rights and freedoms of others and the common interest;
… (Preamble)