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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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About 106 results

Citizenship and Nationality

Eswatini, English

A child born after the death of the father shall be deemed to be a citizen under this Chapter2 on the same conditions as if the father were alive when that child was born. (Sec. 46)

Limitations and/or Derogations

Eswatini, English

...
(3) A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age or disability shall be entitled to the fundamental rights and freedoms of the individual contained in this Chapter8 but subject to respect for the rights and freedoms of others and for the public interest. (Sec. 14)

Limitations and/or Derogations

Eswatini, English

(1) Without prejudice to the power of Parliament to make provision in any situation or the provisions of section 38, nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of any provision of this Chapter to the extent that the law authorises the taking, during any period of public emergency, of measures that are reasonably justifiable for dealing with the situation that exists during that period.
(2) A law that is passed during a period of public emergency and is expressly declared to have effect only during that period shall have effect in terms provided in the section of this Chapter under which that law is passed. (Sec. 37)

Limitations and/or Derogations

Eswatini, English

Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms
(a) life, equality before the law and security of person;
(b) the right to fair hearing;
(c) freedom from slavery or servitude;
(d) the right to an order in terms of section 35 (1); and
(e) freedom from torture, cruel, inhuman or degrading treatment or punishment. (Sec. 38)

Limitations and/or Derogations

Eswatini, English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to -

(d) respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
… (Sec. 63)

Employment Rights and Protection

Eswatini, English

(1) A person has the right to practise a profession and to carry on any lawful occupation, trade or business.

(3) The employer of a female worker shall accord that worker protection before and after child birth in accordance with law.
(4) Parliament shall enact laws to -
(a) provide for the right of persons to work under satisfactory, safe and healthy conditions;
(b) ensure equal payment for equal work without discrimination;
(c) ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for public holidays; and
(d) protect employees from victimisation and unfair dismissal or treatment. (Sec. 32)

Jurisdiction and Access

Eswatini, English


(2) Without derogating from the generality of subsection (1) the High Court has jurisdiction -
(a) to enforce the fundamental human rights and freedoms guaranteed by this Constitution; and
(b) to hear and determine any matter of a constitutional nature.
… (Sec. 151)

Legislature

Eswatini, English

(1) The election of persons to any chamber of Parliament or Bucopho shall be by secret ballot at both primary and secondary levels or any other level in accordance with the first-past-the-post system in which the person receiving the highest number of votes is elected.
… (Sec. 87)

Government

Eswatini, English

(1) There shall be a Cabinet which shall consist of the Prime Minister, Deputy Prime Minister and such number of Ministers as the King, after consultations with the Prime Minister, may deem necessary for the purpose of administering and executing the functions of the Government.
(2) The Prime Minister shall be the chairman of the Cabinet and leader of Government business in Parliament. (Sec. 66)

Head of State

Eswatini, English

(1) Succession to the office of King and iNgwenyama is hereditary and governed by this Constitution and Swazi law and custom.
(2) Where the office of King and iNgwenyama becomes vacant the successor to the Throne shall be determined and declared in accordance with Swazi law and custom. (Sec. 5)