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 Home » Of Special Interest To » Women » National Constitutions and Gender Equality

A Few Selected Constitutional Provisions on Women


Uganda

32. (1) Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.

(2) Parliament shall make relevant laws, including laws for the establishment of an equal opportunities commission, for the purpose of giving full effect to clause (1) of this article.

Rights of women

33. (1) Women shall be accorded full and equal dignity of the person with men.

(2) The State shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.

(3) The State shall protect women and their rights, taking into account their unique status and natural maternal functions in society.

(4) Women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.

(5) Without prejudice to article 32 of this Constitution, women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom.

(6) Laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status, are prohibited by this Constitution.

South Africa

Equality

9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law.

(2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.

(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection

(3) National legislation must be enacted to prevent or prohibit unfair discrimination.

(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.

Freedom of Expression

16. (1) Everyone has the right to freedom of expression,

(2) The right in subsection (1) does not extend to (c) advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Appointment Of Judicial Officers

174. (1) Any appropriately qualified woman or man who is a fit and proper person may be appointed as a judicial officer.

(2) The need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed.

Functions of Commission for Gender Equality

187. (1) The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality.

(2) The Commission for Gender Equality has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.

(3) The Commission for Gender Equality has the additional powers and functions prescribed by national legislation.

Eritrea

Article 6 National Unity and Stability

(3) The State shall ensure peace and stability by establishing appropriate institutions that encourage people's participation and by creating the necessary conditions capable of guaranteeing, hastening and engendering equitable economic and social progress.

Article 7 Democratic Principles

(1) It is a fundamental principle of the State to guarantee its citizens broad and active participation in all political, economic, social and cultural life of the country.

(2) Any act that violates the human rights of women or limits or otherwise thwarts their role and participation is prohibited.

Namibia

Article 23 [Apartheid and Affirmative Action]

(2) Nothing contained in Article 10(a) shall prevent Parliament from enacting legislation providing directly or indirectly for the advancement of persons within Namibia who have been socially, economically or educationally disadvantaged by past discriminatory laws or practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the Namibian society arising out of past discriminatory laws or practices, or for achieving a balanced structuring of the public service, the police force, the defence force, and the prison service.

(3) In the enactment of legislation and the application of any policies and practices contemplated by Paragraph (2), it shall be permissible to have regard to the fact that women in Namibia have traditionally suffered special discrimination and that they need to be encouraged and enabled to play a full, equal and effective role in the political, social, economic and cultural life of the nation.

Chapter XI Principles of State Policy

Article 95 [Promotion of the Welfare of the People]

The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following:

a) enactment of legislation to ensure equality of opportunity for women, to enable them to participate fully in all spheres of Namibian society; in particular, the Government shall ensure the implementation of the principle of non-discrimination in remuneration of men and women; further, the Government shall seek, through appropriate legislation, to provide maternity and related benefits for women;

Fiji

Section 140 Recruitment and promotion policy

The recruitment of persons to a state service, the promotion of persons within a state service and the management of a state service must be based on the following principles:

(c) men and women equally, and the members of all ethnic groups, should have adequate and equal opportunities for training and advancement

Portugal

Article 59 Rights of Workers

(2) It is the duty of the State to secure the conditions of work, remuneration, and rest to which workers are entitled, in particular by:

c) Special protection at work for women during pregnancy and after childbirth

Article 68 Fatherhood and Motherhood

(1) In carrying out their irreplaceable action with regard to their children, notably as concerns the education of the latter, fathers and mothers are entitled to protection by society and the State, with safeguards for their occupational self-fulfillment and their participation in the country's civic life.

(2) Motherhood and fatherhood are eminent social values.

(3) When pregnant and after having given birth, women at work are entitled to special protection, including entitlement to leave from work without loss of remuneration and any privileges.

Article 58 Right to Work

(3) It is the duty of the State, by implementing plans for economic and social policy, to safeguard the right to work, ensuring:

b) Equality of opportunity in the choice of occupation or type of work and conditions preventing access to any post, work, or professional category being prohibited or restricted by reason of a person's sex
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