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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.
Affirmative Action (Broadly)
- English...
(2) Nothing contained in Article 10 hereof shall prevent Parliament from enacting legislation providing directly or indirectly for the advancement of persons within Namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the Namibian society arising out of discriminatory laws or practices, or for achieving a balanced structuring of the public service, the defence force, the police force, and the correctional service.
(3) In the enactment of legislation and the application of any policies and practices contemplated by Sub-Article (2) hereof, it shall be permissible to have regard to the fact that women in Namibia have traditionally suffered special discrimination and that they need to be encouraged and enabled to play a full, equal and effective role in the political, social, economic and cultural life of the nation. (Art. 23)
Affirmative Action (Broadly)
- English1. The National Government shall establish independent institutions and commissions as provided for by this Constitution. Such institutions and commissions shall perform their functions and duties impartially and without interference from any person or authority.
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3. The National Government shall ensure that at least twenty-five percent of the membership of each of these institutions and commissions shall be women. (Art. 142)
Affirmative Action (Broadly)
- English
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The law favors the equal access and the participation of women and men in public employment and to the functions in the domain of the political, economical and social life. (Art. 6) - French
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La loi favorise l’égal accès et la participation des femmes et des hommes aux emplois publics et aux fonctions dans le domaine de la vie politique, économique et sociale. (Art. 6)
Affirmative Action (Broadly)
- English…
(3) Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock.
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(6) The State must take reasonable legislative and other measures to promote the achievement of equality and to protect or advance people or classes of people who have been disadvantaged by unfair discrimination, and—
(a) such measures must be taken to redress circumstances of genuine need;
(b) no such measure is to be regarded as unfair for the purposes of subsection (3). (Sec. 56)
Affirmative Action (Broadly)
- English(1) Except as otherwise provided in this Constitution, every member of a Commission is appointed for a term of five years which is renewable for one additional term only.
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(4) Where a Commission has a chairperson and a deputy chairperson, they must be of different genders.
… (Sec. 320)
Affirmative Action (Broadly)
- English1. All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
2. Without prejudice to clause (l) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
3. For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
4. Nothing in this article shall prevent Parliament from enacting laws that are necessary for-
a. implementing policies and programmes aimed at redressing social, economic, educational or other imbalance in society;
b. making such provision as is required or authorised to be made under this Constitution; or
… (Art. 21)
Affirmative Action (Broadly)
- EnglishThe State and the Autonomous Collectivities create the conditions and the institutions which assure and guarantee … the promotion of gender … (Art. 40)
- Arabicتهيئ الدولة والجماعات المستقلة الظروف والمؤسسات التي تؤمن وتضمن... تعزيز المنظور الجنساني ... (المادة 40)
- FrenchL'Etat et les Collectivités Autonomes créent les conditions et les institutions qui assurent et garantissent … la promotion du genre … (Art. 40)
Affirmative Action (Broadly)
- English(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
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(3) In this section, the expression “discriminatory” means affording different treatment to different persons, attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
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(e) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
... (Sec. 15)
Affirmative Action (Broadly)
- English…
(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6) Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to—
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(b) achieve reasonable regional and gender balance in recruitment and appointment to public offices;
… (Art. 35)
Affirmative Action (Broadly)
- English
The State and the public collectivities assure the promotion, the development and the protection of women. … (Art. 35)
- French
L’Etat et les collectivités publiques assurent la promotion, le développement et la protection de la femme. … (Art. 35)