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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
- 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) For the purposes of this Act, the prohibited grounds of discrimination are—
(a) sex, which includes pregnancy and childbirth;
(b) marital status, which means being—
(i) single; or
(ii) married, in a civil union, or in a de facto relationship; or
(iii) the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
(iv) separated from a spouse or civil union partner; or
(v) a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
(c) religious belief:
(d) ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
(e) colour:
(f) race:
(g) ethnic or national origins, which includes nationality or citizenship:
(h) disability, which means—
(i) physical disability or impairment:
(ii) physical illness:
(iii) psychiatric illness:
(iv) intellectual or psychological disability or impairment:
(v) any other loss or abnormality of psychological, physiological, or anatomical structure or function:
(vi) reliance on a disability assist dog, wheelchair, or other remedial means:
(vii) the presence in the body of organisms capable of causing illness:
(i) age, which means,—
(i) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 February 1994 and ending with the close of 31 January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
(ii) for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 February 1999, any age commencing with the age of 16 years:
(iii) for the purposes of any other provision of Part 2, any age commencing with the age of 16 years:
(j) political opinion, which includes the lack of a particular political opinion or any political opinion:
(k) employment status, which means—
(i) being unemployed; or
(ii) being a recipient of a benefit as defined in Schedule 2 of the Social Security Act 2018 or an entitlement under the Accident Compensation Act 2001:
(l) family status, which means—
(i) having the responsibility for part-time care or full-time care of children or other dependants; or
(ii) having no responsibility for the care of children or other dependants; or
(iii) being married to, or being in a civil union or de facto relationship with, a particular person; or
(iv) being a relative of a particular person:
(m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
(2) Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
(a) it pertains to a person or to a relative or associate of a person; and
(b) it either—
(i) currently exists or has in the past existed; or
(ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. (Human Rights Act 1993, Sec. 21)
Equality and Non-Discrimination
- English(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part shall not constitute such a breach if—
(a) it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
(b) those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
… (Human Rights Act 1993, Sec. 73)
Equality and Non-Discrimination
- EnglishIn this Constitution –
(a) the masculine gender includes the female gender; and
(b) the feminine gender includes the masculine gender,
… (Schedule 1, Sec. 5)
Equality and Non-Discrimination
- English1. Subject to the provisions of subsections (4), (5) and (8) 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 (6), (7) and (8) of this section, 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.
3. 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 or creed 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-
…
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. with respect to land, the tenure of land, the resumption and acquisition of land and other like purposes; or
e. whereby 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.
5. 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 qualifications specifically relating to race, place of origin, political opinions, colour or creed) 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 a local government council or any office in a body corporate established directly by any law for public purposes.
6. Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.
7. 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.
8. 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 (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, and 14 of this Constitution, being such a restriction as is authorized by section 9 (2), 11 (6), 12 (2), 13 (2) or 14 (3), as the case may be.
9. Nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section-
a. if that law was in force immediately before the coming into operation of this Constitution and has continued in force at all times since the coming into operation of this Constitution; or
b. to the extent that the law repeals and re-enacts any provision which has been contained in any enactment at all times since immediately before the coming into operation of this Constitution. (Sec. 15)
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
(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)
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
- 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)