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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
- 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-
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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
- 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
- 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
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(5) In this Constitution, unless the context otherwise requires:
(a) words importing the masculine gender shall be taken to include females;
… (Art. 81)
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
- 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
- EnglishWhereas every person in Kiribati is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others or the public interest, to each and all of the following, namely-
a. life, liberty, security of the person and the protection of the law;
… (Sec. 3)
Equality and Non-Discrimination
- EnglishA subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. (Sec. 117)
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-
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(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) Every person is equal before the law and has the right to equal protection, treatment and benefit of the law.
(2) Equality includes the full and equal enjoyment of all rights and freedoms recognised in this Chapter or any other written law.
(3) A person must not be unfairly discriminated against, directly or indirectly on the grounds of his or her—
(a) actual or supposed personal characteristics or circumstances, including race, culture, ethnic or social origin, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy;
(b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others, or on any other ground prohibited by this Constitution.
(4) A law or an administrative action taken under a law may not directly orindirectly impose a limitation or restriction on any person on a prohibited ground.
(5) Every person has the right of access, membership or admission, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public restaurants, places of public entertainment, clubs, education institutions, public transportation services, taxis and public places.
(6) The proprietor of a place or service referred to in subsection (5) must facilitate reasonable access for persons with disabilities to the extent prescribed by law.
(7) Treating one person differently from another on any of the grounds prescribed under subsection (3) is discrimination, unless it can be established that the difference in treatment is not unfair in the circumstances.
(8) A law, or an administrative action taken under a law, is not inconsistent with the rights mentioned in this section on the ground that it—
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(e) makes provision with respect to adoption, marriage, devolution of property on death, and pension;
(f) excludes persons from holding certain public offices; or
(g) to the extent necessary and without infringing the rights or freedoms set out in any other section of this Chapter, gives effect to the communal ownership of iTaukei, Rotuman and Banaban lands and access to marine resources, or the bestowing of iTaukei, Rotuman and Banaban chiefly title or rank. (Sec. 26) - iTaukei(1) Na tamata yadua e tu vua na dodonu me qaravi vakatautauvata ena mata ni lawa.
(2) Na dodonu ni tamata me qaravi vakatautauvata ena mata ni lawa e okati kina na kena vakayagataki vakatautauvata na dodonu kei na galala e virikotori ena Wase qo se na dua tale na lawa tabaki.
(3) Na veivakaduiduitaki e vakatabui vakalawa kevaka e yaco vua e dua na tamata ena vuku ni—
(a) nona ivakarau se kena ituvaki, oka kina na veimatatamata e lewena, nona itovo vakavanua, kawatamata, kuliniyago, na nona yavutu, kevaka e yalewa se tagane, kevaka e tagane, na nona digitaka me vinakata na tagane, kevaka e yalewa, na nona digitaka me vinakata na yalewa, se nona digitaka me vinakata ruarua na yalewa kei na tagane, nomu digitaka se vakaraitaka mo bulataka na bula vakatagane se bula vakayalewa, kevaka e gone susu se sucu ena daku ni vakamau, vosanisucu, ituvaki ni bula se bula vakailavo, vakaleqai vakayago, yabaki ni bula, nomu vakabauta, lewa e loma, vakawati se sega, se kevaka e bukete;
(b) nomu vakasama se vakabauta, vakavo kevaka na vakasama se vakabauta qo e vakamavoataka tale e so na tamata se na kena vakalailaitaka na nona dodonu se galala tale e so, se ena dua tale na tikina e vakatabui ena Yavunivakavulewa qo.
(4) Na lawa se dua na vakatulewa e vakayacori ena dua na lawa ena sega ni rawa ni vakayagataka na yavu e vakamacalataki ena wasetiki (3) me yalana na nona dodonu e dua.
(5) Na tamata yadua e tu vua na dodonu me lewena se curuma na sitoa, otela, valenikana, vanua ni veivakamarautaki, valenidanisi, tabana ni vuli, lori ni veivakaleleci, teksi, kei na vanua dola raraba, ka me kua ni vakaduiduitaki ena dua na yavu e virikotori ena wasetiki (3).
(6) Na itaukei ni vanua dola raraba se itaukei ni vanua ni veiqaravi me vaka e vakamacalataki ena wasetiki (5) me vakarautaka e so na gaunisala me vakarawarawataka na veitosoyaki vei ira na vakaleqai vakayago me vaka e virikotori ena lawa.
(7) Ni sega ni tautauvata na nodrau qaravi e rua na tamata ena vuku ni dua na tikina e vakatabui ena wasetiki (3), ya sa wili me veivakaduiduitaki, vakavo ke rawa ni vakadeitaki ni na veivakaduiduitaki ya e ganita na vanua e vakayacori kina.
(8) Na lawa se na vakatulewa e vakayacori ena dua na lawa tabaki, e sega ni veicoqacoqa kei na dodonu e virikotori ena tikina qo kevaka e—
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(e) vakarautaka na veika vakaivola me baleta na gone vakacabecabe, vakamau, dewa na taukeni ni iyau ena vuku ni mate kei na peniseni;
(f) vakatabui na tamata me taura na itutu ena so na valenivolavola ni lewenivanua; se
(g) me yalani ena gauna e gadrevi kina ka me kua ni veicoqacoqa kei na dodonu se na galala e virikotori ena dua na tikina ena Wase qo, e vakatara na kena taukeni vakavanua na kedra qele kei na nodra vakayagataka na iyaubula mai waitui o ira na iTaukei, Rotuma kei na Rabi se na ivakarau ni kena soli na itutu ni veiliutaki ni iTaukei, Rotuma kei na Rabi. (Sec. 26)