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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.
ABOUT 16 RESULTS
Education
South Sudan
- EnglishThe exclusive executive and legislative powers of a state shall be as follows:
…
19. Pre-school, primary and secondary education;
… (Schedule (B), Powers of States)
Equality and Non-Discrimination
South Sudan
- EnglishWe, the People of South Sudan, …
Recalling our long and heroic struggle for justice, freedom, equality and dignity in South Sudan; …
Determined to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law;
Committed to establishing a decentralized democratic multi-party system of governance in which power shall be peacefully transferred and to upholding values of human dignity and equal rights and duties of men and women;
… (Preamble)
Limitations and/or Derogations
South Sudan
- EnglishDuring a state of emergency, the President may, by law or orders, take any measures that shall not derogate from the provisions of this Constitution except as provided herein:
a. to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, prohibition against slavery, prohibition against torture, the right of non-discrimination on the basis of race, sex, religious creed, the right to litigation or the right to fair trial;
b. to dissolve or suspend any institution of the National Executive;
c. to dissolve or suspend any of the state organs or suspend such powers conferred upon the states under this Constitution; and
d. to take any such measures as deemed necessary to the state of emergency, which shall have the force of law. (Art. 190)
Marriage and Family Life
South Sudan
- EnglishThe exclusive executive and legislative powers of a state shall be as follows:
…
16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
… (Schedule (B). Powers of States)
Property, Inheritance and Land Tenure
South Sudan
- EnglishThe exclusive executive and legislative powers of a state shall be as follows:
…
16. Registration of marriage, divorce, inheritance, birth, death, adoption and affiliations;
… (Schedule (B). Powers of States)
Property, Inheritance and Land Tenure
South Sudan
- English…
5. Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)
Status of the Constitution
South Sudan
- English1. This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country.
2. The authority of government at all levels shall derive from this Constitution and the law.
3. The states’ constitutions and all laws shall conform to this Constitution. (Art. 3)
Women’s Rights
South Sudan
- English1. Women shall be accorded full and equal dignity of the person with men.
2. Women shall have the right to equal pay for equal work and other related benefits with men.
3. Women shall have the right to participate equally with men in public life.
4. All levels of government shall:
a. promote women participation in public life and their representation in the legislative and executive organs by at least twenty-five per cent13 as an affirmative action to redress imbalances created by history, customs, and traditions;
b. enact laws to combat harmful customs and traditions which undermine the dignity and status of women; and
c. provide maternity and child care and medical care for pregnant and lactating women.
5. Women shall have the right to own property and share in the estates of their deceased husbands together with any surviving legal heir of the deceased. (Art. 16)
Jurisdiction and Access
South Sudan
- English1. The Supreme Court shall be the custodian of this Constitution and the constitutions of the states.
2. The Supreme Court shall exercise competences as follows:
a. interpret constitutional provisions at the instance of the President, Government of South Sudan, any state government, or any of the two Houses of the National Legislature;
b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
c. have original jurisdiction to decide on disputes that arise under this Constitution and the constitutions of states at the instance of individuals, juridical entities or governments;
d. adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that are inconsistent with this Constitution or the constitutions of the states to the extent of the inconsistency;
e. be a court of review and cassation in respect of any criminal, civil and administrative matters arising out of or under the law;
f. have criminal jurisdiction over the President in accordance with Article 103 (2) herein;
g. have criminal jurisdiction over the Vice President, the Speakers of the National Legislative Assembly and the Council of States and the Justices of the Supreme Court;
h. review death sentences imposed by courts in respect of offences committed under the law;
i. receive appeals against decisions and judgments of the courts of appeal;
j. have original and final jurisdiction to resolve disputes between the states and between the National Government and a state in respect of areas of exclusive, concurrent or residual competences;
k. uphold and protect human rights and fundamental freedoms; and
l. have such other competences as prescribed by this Constitution and the law.
… (Art. 126)
Obligations of the State
South Sudan
- English1. The following principles shall guide the devolution and exercise of powers:
…
b. acknowledgement of the roles of the National Government and the states in the promotion of the welfare of the people and protection of their human rights and fundamental freedoms;
… (Art. 48)