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.
Affirmative Action (Broadly)
- EnglishThe requirements and procedures for designating public servants of the judiciary must involve a competitive merit-based examination, subject to challenge and social monitoring; parity between men and women shall be fostered.
… (Art. 176) - SpanishLos requisitos y procedimientos para designar servidoras y servidores judiciales deberán contemplar un concurso de oposición y méritos, impugnación y control social; se propenderá a la paridad entre mujeres y hombres.
… (Art. 176)
Affirmative Action (Broadly)
- English
…
The Constitutional Council is an entity whose sole purpose is to discuss and approve a proposed text for a new Constitution, in accordance with the procedure set forth in this section. Its members will be elected by popular vote, and their composition will be gender-balanced.
...
2. ... The list of a political party or electoral coalition must indicate the order of precedence that the candidates will have on the ballot for each senatorial constituency, starting with a woman and alternating subsequently between men and women. In each senatorial constituency, the lists or electoral coalitions must always declare an even number of candidates, consisting of an equal number of women and men.
...
3. The following rules shall be followed for the distribution and allocation of seats in the Constitutional Council:
a) The electoral system for the Constitutional Council shall aim to achieve equitable representation of women and men, understood as 25 women and 25 men.
... (Art. 144) - Spanish
...
El Consejo Constitucional es un órgano que tiene por único objeto discutir y aprobar una propuesta de texto de nueva Constitución, de acuerdo al procedimiento fijado en el presente epígrafe. Sus integrantes serán electos en votación popular y su conformación será paritaria.
...
2. ...
La lista de un partido político o pactos electorales deberán señalar el orden de precedencia que tendrán los candidatos en la cédula para cada circunscripción senatorial, comenzando por una mujer y alternándose, sucesivamente, éstas con hombres.
En cada circunscripción senatorial, las listas o pactos electorales deberán declarar siempre un número par de candidatos, integrados por el mismo número de mujeres y hombres.
...
3. Para la distribución y asignación de escaños del Consejo Constitucional se seguirán las siguientes reglas:
a) El sistema electoral para el Consejo Constitucional se orientará a conseguir una representación equitativa de mujeres y hombres, entendiéndose esto como 25 mujeres y 25 hombres.
... (Art. 144)
Affirmative Action (Broadly)
- EnglishAll people are born free and equal before the law, receive the same protection and treatment from institutions, authorities, and other people and enjoy the same rights liberties and opportunities, without any discrimination for reasons of gender, color, age, disability, nationality, family ties, language, religions, political or philosophical opinion, social or personal condition. Consequently:
…
3. The State should promote judicial and administrative conditions so that equality may be real and effective and shall adopt methods to prevent and combat discrimination, marginalization, vulnerability and exclusion;
4. Women and men are equal before the law. Any act that has the objective or result of diminishing or annulling the recognition, enjoyment or exercise of fundamental rights of woman and men in conditions of equality is prohibited.
5. The State should promote and guarantee the equal participation of women and men in candidate lists to the offices of popular election for the instances of guidance and decision in the public sphere, in the administration of justice, and in the State-controlled bodies. (Art. 39) - SpanishTodas las personas nacen libres e iguales ante la ley, reciben la misma protección y trato de las instituciones, autoridades y demás personas y gozan de los mismos derechos, libertades y oportunidades, sin ninguna discriminación por razones de género, color, edad, discapacidad, nacionalidad, vínculos familiares, lengua, religión, opinión política o filosófica, condición social o personal. En consecuencia:
…
3) El Estado debe promover las condiciones jurídicas y administrativas para que la igualdad sea real y efectiva y adoptará medidas para prevenir y combatir la discriminación, la marginalidad, la vulnerabilidad y la exclusión;
4) La mujer y el hombre son iguales ante la ley. Se prohíbe cualquier acto que tenga como objetivo o resultado menoscabar o anular el reconocimiento, goce o ejercicio en condiciones de igualdad de los derechos fundamentales de mujeres y hombres. Se promoverán las medidas necesarias para garantizar la erradicación de las desigualdades y la discriminación de género;
5) El Estado debe promover y garantizar la participación equilibrada de mujeres y hombres en las candidaturas a los cargos de elección popular para las instancias de dirección y decisión en el ámbito público, en la administración de justicia y en los organismos de control del Estado. (Art. 39)
Affirmative Action (Broadly)
- English(1) Subject to the provisions of this article -
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2) In this article the expression ‘discriminatory’ means affording different treatment to different persons attributable wholly or mainly to their or their parents’ or guardians’ respective descriptions by race, place of origin, political opinion, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture whereby persons of one such description are subjected to disabilities or restrictions to which other persons of the same or another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Paragraph (1)(a) shall not apply to any law so far as that law makes provision -
…
(c) whereby persons of any such description as is mentioned in the preceding paragraph 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.
… (Art. 149)
Citizenship and Nationality
- English1. Any man or woman who, after the fifth day of August, 1962, marries a person who is or becomes a citizen of Jamaica shall, subject to subsection (2), be entitled, upon making application in such manner as may be prescribed and, if he or she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Jamaica.
2. A person may be denied registration under this section if-
a. there is satisfactory evidence that-
i. the marriage was entered into primarily for the purpose of enabling that person to acquire Jamaican citizenship; or
ii. the parties to the marriage have no intention to live permanently with each other as spouses, after the marriage;
b. the person has been convicted in any country of a criminal offence specified in any law which makes provision for such denial on the ground of such conviction.3. Subsection (2) shall not affect the right of any person who, before the 26th day of March, 1999, was entitled to apply for Jamaican citizenship by virtue of any provision of this Constitution in force before that date. (Sec. 7)
Citizenship and Nationality
- English(1) The following persons shall be entitled, upon making application, to be registered as citizens--
a. any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
…
e. any woman who is married to any such person as is mentioned in paragraph (b), (c) or d. of this subsection or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph;
...
f. any woman who, before the commencement of this Constitution, has been married to a person—
i) who becomes a citizen by virtue of section 90 of this Constitution; or
ii) who, having died before such commencement, would but for his death have become a citizen by virtue of that section,
(2) The following persons shall be entitled, upon making application, to be registered as citizens—
a. any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
b. any person who, being a Commonwealth citizen, is and for seven years previous to his application has been ordinarily resident in Saint Vincent;
c. any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section or who was married to a person who, at any time during the period during which they were married to each other, was entitled to apply to be registered as a citizen under any such paragraph;
d. any person under the age of twenty-one years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under subsection (1) of this section:
Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application.
(3) An application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and, in the case of a person to whom subsection (2) (d) of this section applies, it shall be made on his behalf by his parent or guardian:
Provided that, if any such person is or has been married, he may make the application himself.
… (Sec. 93)
Citizenship and Nationality
- English(1) If a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he or she shall not, by reason only that he or she is or may become a citizen of that other country, be refused registration under that section or be required to renounce his or her citizenship of that country as a condition of being registered under that section.
… (Sec. 93)
Citizenship and Nationality
- English1. Every person who, having been born in the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall become a citizen of the Bahamas on 10th July 1973.
2. Every person who, having been born outside the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of The Bahamas in accordance with the provisions of the preceding paragraph, become a citizen of The Bahamas on 10th July 1973.
3. Every person who on 9th July 1973 is a citizen of the United Kingdom and Colonies having become such a citizen under the British Nationality Act 1948 by virtue of his having been registered in the former Colony of the Bahamas Islands under that Act shall become a citizen of The Bahamas on 10th July 1973:
Provided that this paragraph shall not apply to any citizen of the United Kingdom and Colonies
a. who was not ordinarily resident in that Colony on 31st December 1972, or
b. who became registered in that Colony on or after 1st January 1973, or
c. who on 9th July 1973 possesses the citizenship or nationality of some other country. (Art. 3)
Citizenship and Nationality
- EnglishThe following have the right to legal citizenship:
A. Foreign men and women of good conduct, and having a family within the Republic, who possess some capital or property in the country, or are engaged in some profession, craft, or industry, and have resided habitually in the Republic for three years;
B. Foreign men and women of good conduct, without families in the Republic, who possess any of the qualifications mentioned in the preceding paragraph and who have resided habitually in the country for five years;
C. Foreign men and women who obtain special courtesy from the General Assembly for noteworthy services or outstanding merit.
… (Art. 75) - SpanishTienen derecho a la ciudadanía legal:
A) Los hombres y las mujeres extranjeros de buena conducta, con familia constituida en la República, que poseyendo algún capital en giro o propiedad en el país, o profesando alguna ciencia, arte o industria, tengan tres años de residencia habitual en la República.
B) Los hombres y las mujeres extranjeros de buena conducta, sin familia constituida en la República, que tengan alguna de las cualidades del inciso anterior y cinco años de residencia habitual en el país.
C) Los hombres y las mujeres extranjeros que obtengan gracia especial de la Asamblea General por servicios notables o méritos relevantes.
… (Art. 75)
Citizenship and Nationality
- English(1) The following descriptions of person also have the right upon application to be registered as citizens of Barbados, namely—
(a) a person who has been ordinarily resident in Barbados throughout the period of ten years (or such longer period as may be prescribed) immediately preceding that person’s application;
(b) a person who has been married to a citizen of Barbados, and has cohabited with that citizen, for such period as may be prescribed immediately preceding that person’s application.
(2) A person who has a right to be registered under paragraph (b) of subsection (1) by virtue of marriage to a spouse who is a citizen of Barbados does not lose that right if the spouse dies before the expiry of the period provided for by or under that paragraph.
(3) The dissolution, or the annulment or other avoidance by a court or tribunal of competent jurisdiction, of the marriage of a person who has been registered as a citizen of Barbados under subsection (1)(b) does not affect that person’s citizenship of Barbados.
(4) The right to be registered as a citizen of Barbados under this section is subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
(5) A person who is under eighteen years of age and is not a woman who is or has been married may not make an application for registration under this section; that person’s parent or guardian must make the application.
(6) An application for registration under this section shall be made in such manner as may be prescribed.
(7) Before a certificate or other official mark of citizenship of Barbados may be issued to a person pursuant to provision made under this section, that person must have taken the oath of allegiance before an officer of the Immigration Department in that officer’s capacity as a Justice of the Peace. (Sec. 3A)