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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 101 RESULTS
Limitations and/or Derogations
South Africa
- English...
(2) A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
(3) When applying a provision of the Bill of Rights to a natural or juristic person in terms of subsection (2), a court-
(a) in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and
(b) may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36 (1).
… (Sec. 8)
Marriage and Family Life
South Africa
- English(1) Every child has the right—
…
(b) to family care or parental care, or to appropriate alternative care when removed from the family environment;
… (Sec. 28)
Marriage and Family Life
South Africa
- English...
(2) Religious observances may be conducted at state or state-aided institutions, provided that-
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.
(3) (a) This section does not prevent legislation recognising-
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. (Sec. 15)
Minorities
South Africa
- English(1) The number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office must be prescribed by national legislation.
(2) The composition of the Commission must—
(a) be broadly representative of the main cultural, religious and linguistic communities in South Africa; and
(b) broadly reflect the gender composition of South Africa. (Sec. 186)
Minorities
South Africa
- English(1) The following state institutions strengthen constitutional democracy in the Republic:
…
(c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
… (Sec. 181)
Minorities
South Africa
- English(1) The primary objects of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities are—
(a) to promote respect for the rights of cultural, religious and linguistic communities;
(b) to promote and develop peace, friendship, humanity, tolerance and national unity among cultural, religious and linguistic communities, on the basis of equality, non-discrimination and free association; and
(c) to recommend the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa.
(2) The Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities.
… (Sec. 185)
Minorities
South Africa
- English(1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community—
(a) to enjoy their culture, practise their religion and use their language; and
(b) to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.
(2) The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights. (Sec. 31)
Participation in Public Life and Institutions
South Africa
- English(1) There is a single Public Service Commission for the Republic.
…
(10) A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who is –
(a) a South African citizen; and
(b) a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.
… (Sec. 196)
Participation in Public Life and Institutions
South Africa
- English(1) The Public Protector and the members of any Commission established by this Chapter must be women or men who -
(a) are South African citizens;
(b) are fit and proper persons to hold the particular office; and
(c) comply with any other requirements prescribed by national legislation.
(2) The need for a Commission established by this Chapter7 to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.
(3) The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. Specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the Auditor-General.
(4) The President, on the recommendation of the National Assembly, must appoint the Public Protector, the Auditor-General and the members of -
(a) the South African Human Rights Commission;
(b) the Commission for Gender Equality; and
(c) the Electoral Commission.
… (Sec. 193)
Participation in Public Life and Institutions
South Africa
- English(1) The number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office must be prescribed by national legislation.
(2) The composition of the Commission must –
(a) be broadly representative of the main cultural, religious and linguistic communities in South Africa; and
(b) broadly reflect the gender composition of South Africa. (Sec. 186)