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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.
Limitations and/or Derogations
- EnglishThe fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)
Limitations and/or Derogations
- English
(1) During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
(2) An order made by the President under clause (1.) of this Article 30:
(a) has effect notwithstanding anything in Part II3 of this Constitution or in Article 94;
(b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
(c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
(3) The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. (Art. 78)
Limitations and/or Derogations
- English
Nothing in this Division7 derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right or freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights)). (Sec. 33)
Limitations and/or Derogations
- EnglishThe enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (Art. II, Sec. 17)
Limitations and/or Derogations
- English(1) Any law enacted or promulgated in consequence of a declaration of a state of emergency under this Constitution—
(a) may limit a right or freedom set out in this Chapter (with the exception of the rights and freedoms set out in sections 8, 10, 11, 13, 14, 15, 16, 22 and 26) only to the extent that—
(i) the limitation is strictly necessary and required by the emergency; and
(ii) the law is consistent with Fiji’s obligations under international law applicable to a state of emergency; and
(b) takes effect only when it has been published in the Gazette.
(2) A person detained under a law contemplated in subsection (1) retains all the rights recognised in this Chapter, subject only to the limitations referred to in subsection (1). (Sec. 43) - iTaukei(1) Ni dua na lawa e sa vakadonui se sa taurivaki ena vuku ni tikoleqa vakamatanitu ena Yavunivakavulewa qo—
(a) ena rawa ni yalana na dodonu se galala e yavutaki ena Wase qo (vakavo na dodonu kei na galala yavutaki ena tikina 8,10,11,13,14,15,16, 22 kei na 26) ia ena qai yalani ga ena gauna e gadrevi kina—
(i) na kena yalani ena vakatabakidua ena kena gadrevi ena gauna ni tikoleqa vakamatanitu; kei na
(ii) lawa e salavata kei na itavi ni vanua o Viti ena lawa levu kei vuravura ka dau vakayagataki ena gauna ni tikoleqa vakamatanitu; ka na
(b) taurivaki ga ena gauna e sa tabaki i na iTukutuku Tabaki Vakamatanitu.
(2) Ke dua e vesu ena wasetiki (1), e tu vua na dodonu e virikotori ena Wase qo, vakavo ke yalani me vaka e virikotori ena wasetiki (1). (Sec. 43)
Limitations and/or Derogations
- English...
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5, 6(2), 9, 11, 12, 13, 14, or 15 of this Constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of any thing, that is reasonably justifiable in circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.
… (Sec. 16)
Marriage and Family Life
- English(1) Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution -
(a) everyone has the legal right to do anything that-
(i) does not injure others or interfere with the rights and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be-
(i) legally obliged to do anything that is not required by law; or
(ii) prevented by law from doing anything that complies with the provisions of paragraph (a).
(3) This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a nonlegal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so. (Sec. 10)
Marriage and Family Life
- English(1) Freedom based on law consists in the least amount of restriction on the activities of individuals that is consistent with the maintenance and development of Papua New Guinea and of society in accordance with this Constitution and, in particular, with the National Goals and Directive Principles and the Basic Social Obligations.
(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others; and
(b) is not prohibited by law,
and no person-
(c) is obliged to do anything that is not required by law; and
(d) may be prevented from doing anything that complies with the provisions of paragraphs (a) and (b).
(3) This section is not intended to reflect on the extra-legal existence, nature or effect of social, civic, family or religious obligations, or other obligations of an extra-legal nature, or to prevent such obligations being given effect to by law. (Sec. 32)
Marriage and Family Life
- English
…
4. Amongst the values that we the people of Tuvalu seek to maintain are those embodied in our traditional forms of community, the Falekaupule, and the strength and support of the family and family discipline.
... (Principles of the Constitution)
Marriage and Family Life
- EnglishWE HEREBY DECLARE that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:-
…
(h) in the case of parents, to support, assist and educate their children (whether born in or out of wedlock), and in particular to give them a true understanding of their basic rights and obligations and of the National Goals and Directive Principles;
(i) in the case of the children, to respect their parents.
… (Preamble, Basic Social Obligations)