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Gender in Constitutions


Modern Constitutions generally contain more or less detailed provisions about gender equality, and the following table indicates a few examples of where some of the provisions are to be found. (If you are interested in reading the actual text of these constitutions, there are links to websites with constitutional texts here and there are extracts from some of these constitutions here).

Rule or approach Which countries' constitutions?
Mention in preamble Eritrea
no unfair discrimination on grounds of sex South Africa, Ghana, Quebec, Eritrea, Thailand, Fiji, Uganda, Namibia, Portugal
or pregnancy South Africa, Quebec
must be legislation South Africa, Ghana, Eritrea
freedom of speech does not extend to advocacy of hatred on basis of gender South Africa
General statement that laws, cultures, customs or traditions against dignity welfare or interests of women prohibited Uganda
Female representation in legislature Uganda
aim at gender balance in judiciary South Africa, Fiji
and other public bodies South Africa, Ghana, Uganda
gender neutral language used in Constitution South Africa, Fiji, Uganda (generally)
general care for pregnant women Brazil, Namibia, Portugal
maternity leave Ghana, Portugal
paternity leave Brazil
pre-school care (specifically to benefit women) Ghana
equality in training Ghana
equal eligibility of spouses for citizenship Ghana, Uganda
child of male or female citizen is citizen Ghana, Eritrea, Uganda
Any act that violates the human rights of women or limits or otherwise thwarts their role and participation is prohibited Eritrea
Equal rights to found family Eritrea, Uganda, Namibia
Equal rights in family Eritrea, Brazil, Uganda, Namibia
Equal rights on dissolution Uganda, Namibia
Affirmative action possible Quebec, Thailand, Uganda, Namibia
Separate detention for prisoners etc Quebec
State must promote equality Thailand
Protection in work Thailand
Equal right to work Portugal
Promotion of work opportunities Brazil
Earlier retirement for women Brazil
No military service for women in peace time Brazil
Equal property rights for squatters (after 5 years) Brazil