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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.
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Equality and Non-Discrimination
Kiribati
- 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
New Zealand
- English(1) It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
(a) to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
(b) to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—by reason of any of the prohibited grounds of discrimination.
… (Human Rights Act 1993, Sec. 44)
Equality and Non-Discrimination
Marshall Islands
- English(1) All persons are equal under the law and are entitled to the equal protection of the law.
(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
Tonga
- 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)
Indigenous Peoples
New Zealand
- EnglishHER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands …
(Treaty of Waitangi, Preamble)
Indigenous Peoples
Fiji
- EnglishWE, THE PEOPLE OF FIJI,
RECOGNISING the indigenous people or the iTaukei, their ownership of iTaukei lands, their unique culture, customs, traditions and language;
RECOGNISING the indigenous people or the Rotuman from the island of Rotuma, their ownership of Rotuman lands, their unique culture, customs, traditions and language;
… (Preamble) - iTaukeiO KEIMAMI NA LEWEI VITI,
ROKOVA na itaukei ni vanua se kawa itaukei, na nodra taukena na kedra qele, na nodra itovo, ivakarau kei na vosa;
ROKOVA na itaukei ni vanua o Rotuma, mai na yanuyanu o Rotuma, na nodra taukena na kedra qele, nodra itovo, ivakarau kei na vosa;
… (Ikau)
Indigenous Peoples
Vanuatu
- English1. The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs.
2. The Council shall make its own rules of procedure.
3. The Council shall hold at least one meeting a year. Further meetings may be held at the request of the Council, Parliament, or the Government.
4. During the first sitting following its election the Council shall elect its President. (Art. 29) - French1) Le Conseil des Chefs Malvatumauri est composé des chefs coutumiers élus par leurs pairs au sein des conseils provinciaux des chefs.
2) Le Conseil élabore son propre règlement intérieur.
3) Le Conseil se réunit au moins une fois par an. D'autres sessions peuvent se tenir sur demande du Conseil, du Parlement ou du gouvernement.
4) Dès la première réunion qui suit son élection, le Conseil élit son président. (Art. 29)
Indigenous Peoples
Vanuatu
- English1. Notwithstanding Articles 73 and 74 the Government may buy land from custom owners for the purpose of transferring ownership of it to indigenous citizens or indigenous communities from over-populated islands.
2. When redistributing land in accordance with subarticle (1), the Government shall give priority to ethnic, linguistic, customary and geographical ties. (Art. 81) - French1) Nonobstant les dispositions des articles 73 et 74, le gouvernement peut acheter des terres aux propriétaires coutumiers dans le but d'en transférer la propriété aux citoyens indigènes ou à des collectivités indigènes originaires d'îles surpeuplées.
2) Pour la redistribution des terres effectuée en application du paragraphe 1), le gouvernement tient compte en priorité des facteurs ethniques, linguistiques, coutumiers et géographiques. (Art. 81)
Indigenous Peoples
Vanuatu
- EnglishOn the Day of Independence the following persons shall automatically become citizens of Vanuatu-
a. a person who has or had four grandparents who belong to a tribe or community indigenous to Vanuatu;
… (Art. 9) - FrenchDevient automatiquement citoyen de Vanuatu à la date de l'Indépendance:
a) toute personne qui a, ou avait, quatre grands-parents membres d'une tribu ou d'une communauté indigène de Vanuatu;
… (Art. 9)
Indigenous Peoples
Vanuatu
- EnglishOnly indigenous citizens of the Republic of Vanuatu who have acquired their land in accordance with a recognised system of land tenure shall have perpetual ownership of their land. (Art. 75)
- FrenchSeuls les citoyens indigènes de la République ayant acquis leur terre selon un système reconnu de tenure foncière jouissent des droits de propriété perpétuelle sur celle-ci. (Art. 75)