SEARCH DATABASE
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
Public Institutions and Services
South Africa
- English(1) Everyone has the right to have access to -
(a) health care services, including reproductive health care;
…
(c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
… (Sec. 27)
Public Institutions and Services
South Africa
- English(1) When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.
(2) Subsection (1) does not prevent the organs of state or institutions referred to in that subsection from implementing a procurement policy providing for –
(a) categories of preference in the allocation of contracts; and
(b) the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination.
(3) National legislation must prescribe a framework within which the policy referred to in subsection (2) must be implemented. (Sec. 217)
Sexual and Reproductive Rights
South Africa
- English(1) Everyone has the right to have access to—
(a) health care services, including reproductive health care;
… (Sec. 27)
Sexual and Reproductive Rights
South Africa
- English…
(2) Everyone has the right to bodily and psychological integrity, which includes the right-
(a) to make decisions concerning reproduction;
(b) to security in and control over their body;
(c) not to be subjected to medical or scientific experiments without their informed consent.
… (Sec. 12)
Sexual Orientation and Gender Identity
South Africa
- English...
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair. (Sec. 9)
Status of the Constitution
South Africa
- English...
(4) Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.
... (Sec. 231)
Status of the Constitution
South Africa
- EnglishThis Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. (Sec. 2)
Status of the Constitution
South Africa
- English(1) The Republic of South Africa is one, sovereign, democratic state founded on the following values:
…
(c) Supremacy of the constitution and the rule of law.
… (Sec. 1)
Status of the Constitution
South Africa
- EnglishWe, the people of South Africa …
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to –
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; … (Preamble)
Status of International Law
South Africa
- English
(1) When interpreting the Bill of Rights, a court, tribunal or forum-
…
(b) must consider international law;
… (Sec. 39)