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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.
Equality and Non-Discrimination
- EnglishWE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
(a) … the protection of the law;
… (Preamble, Basic Rights)
Equality and Non-Discrimination
- EnglishEvery person shall be equal under the law and shall be entitled to equal protection. The government shall take no action to discriminate against any person on the basis of sex, race, place of origin, language, religion or belief, social status or clan affiliation except for the preferential treatment of citizens, for the protection of minors, elderly, indigent, physically or mentally handicapped, and other similar groups, and in matters concerning intestate succession and domestic relations. No person shall be treated unfairly in legislative or executive investigation. (Art. IV, Sec. 5)
Equality and Non-Discrimination
- English…
DECLARE that we are all Fijians united by common and equal citizenry;
… (Preamble) - iTaukei…
TUSANAKA nida sa kai Viti eda sa dua bau na umatamata;
… (Ikau)
Equality and Non-Discrimination
- English(1) An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990.
(2) For the purposes of subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—
(a) limits the right to freedom from discrimination affirmed by that section; and
(b) is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.
(3) To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment. (Human Rights Act 1993, Sec. 20L)
Equality and Non-Discrimination
- EnglishThere shall be but one law in Tonga for chiefs and commoners for non-Tongans and Tongans. No laws shall be enacted for one class and not for another class but the law shall be the same for all the people of this land. (Clause 4)
- Tongan‘E taha pe ‘a e lao ‘o Tonga ni ki he hou‘eiki mo e me‘avale ki he fa‘ahinga kakai kotoa pe ‘oku ‘ikai ko e Tonga mo e Tonga. ‘E ‘ikai fokotu‘u ha lao ‘i he fonua ni ki ha fa‘ahinga pea tuku ha fa‘ahinga ka ‘e taha pe mo mamafa tatau pe ki he kakai kotoa pe ‘o e fonua ni. (Kupu 4)
Equality and Non-Discrimination
- English
(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different —
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, or
(f) disability; or
(g) sex
in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision —
…
(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter, in accordance with the personal law, beliefs or customs of any person or group; or
(e) in relation to land; or
(f) by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for —
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
(5) Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
(6) Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by —
(a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms),
to the extent authorized by that section.
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances,
shall be considered to be inconsistent with subsection (2).
(8) Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
(a) if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
(b) to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date. (Sec. 27)
Equality and Non-Discrimination
- EnglishWhere any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. (Human Rights Act 1993, Sec. 65)
Equality and Non-Discrimination
- English(1) All persons are equal before the law and entitled to equal protection under the law.
(2) Except as expressly authorised under the provisions of this Constitution, no law and no executive or administrative action of the State shall, either expressly or in its practical application, subject any person or persons to any disability or restriction or confer on any person or persons any privilege or advantage on grounds only of descent, sex, language, religion, political or other opinion, social origin, place of birth, family status, or any of them.
(3) Nothing in this Article shall
(a) Prevent the prescription of qualifications for the service of Samoa or the service of a body corporate directly established under the law; or
(b) Prevent the making of any provision for the protection or advancement of women or children or of any socially or educationally retarded class of persons.
(4) Nothing in this Article shall affect the operation of any existing law or the maintenance by the State of any executive or administrative practice being observed on Independence Day:
Provided that the State shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds. (Art. 15) - Samoan(1) E tutusa tagata uma i luma o le tulafono ma e tofu tatau ona maua le puipuiga tutusa i lalo o le tulafono.
(2) Vagana ai e pei ona faatagaina manino e lenei Faavae, e leai se tulafono ma e leai se gaoioiga a le Malo tau le pulega faatonu po o le tausiga o le a, po o lona faamatalaina manino ai pe faatino mai ai se mafatiaga o so o se tagata po o ni tagata i so o se itu e le mafai ai po o le faasaina po o le tuuina atu i so o se tagata po o ni tagata so o se tulaga aloaia po o le tulaga taugamalie ona o le avea ma mafuaaga lona tupuaga, tane pe se fafine, gagana, lotu, taofi tau upu fai o malo po o se isi lava taofi, mafuaaga faale-vafealoai, nuu na fanau ai, tulaga faale-aiga, po o nisi lava o ia mea.
(3) E leai se mea i lenei Mataupu o le a:
(a) taofia ai le tusia o tulaga agavaa mo le aufaigaluega a le malo o Samoa po o galuega a se kamupani ua faatuina tonu e tusa ma le tulafono; po o le
(e) taofia ai o le faia o so o se aiaiga mo le puipuiga po o le faagasologa i luma o fafine po o tamaiti po o le vasega o tagata ua telegese le gasologa i luma o lo latou tulaga tau le vafealoai po o le aoaoina.
(4) E leai se mea i lenei Mataupu o le a aafia ai le faatinoina o se tulafono o i ai nei po o le tausiga e le Malo o so o se faiga tau le pulega faatonu po o le tausiga e faamamaluina i le Aso o le Tutoatasi:
SEIA VAGANA UA FAAPEA o le a faatonuina e le Malo lana faiga agai i le toe aveesea o so o se itu e le mafai ai po o se taofiofiga na faaoo atu ona o so o se mafuaaga ua taua i le fuaiupu (2) ma so o se tulaga aloaia po o le taugamalie na faaoo atu ona o so o se tasi o na mafuaaga. (Mataupu 15)
Equality and Non-Discrimination
- English
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (7), (8) and (9) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or performance of the function of any public office or any public authority.
(3) Subject to the provision of subsection (9) of this section, no person shall be treated in a discriminatory manner in respect of access to shops, hotels, lodging-houses, public restaurants, eating-houses or places of public entertainment or in respect of access to places of public resort maintained wholly or partly out of public funds or dedicated to the use of the general public.
(4) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, 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.
(5) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
…
(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description;
(d) for the application of customary law;
(e) with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes;
(f) for the advancement of the more disadvantaged members of the community; or
(g) where persons of any such description as is mentioned in the preceding subsection 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.
(6) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualification specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of the government of Honiara city or any provincial government or any office in a body corporate established directly by any law for public purposes, or who wishes to engage in any trade or business.
(7) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (5) or (6) of this section.
(8) Subsection (2) of this section shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (4) of this section may be subjected to any restriction on the rights and freedoms guaranteed by section 9, 11, 12, 13 and 14 of this Constitution, being such a restriction as is authorised by section 9(2), 11(6), 12(2), 13(2) or 14(3), as the case may be. (Sec. 15)3
Equality and Non-Discrimination
- English
(1) All persons are equal under the law and are entitled to the equal protection of the laws.
(2) No law and no executive or judicial action shall, either expressly, or in its practical application, discriminate against any person on the basis of gender, race, color, language, religion, political or other opinion, national or social origin, place of birth, family status or descent.
(3) Nothing in this Section shall be deemed to preclude non-arbitrary preferences for citizens pursuant to law. (Art. II, Sec. 12)