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Latest items for CONST-LAW-1

April 20, 2018, 3:05 p.m.
Countries: Fiji
Variables: CONST-LAW-1

"For the first time in history, our Constitution guarantees equal rights to both men and women in the full and free participation in the economic life of the nation (section 32)" (4). "For instance, Fiji’s new Constitution prohibits any form of discrimination against women and girls on the grounds of sex, race, ethnicity, religion or belief system, health status, disability, age and so forth" (4). "The Constitution, guarantees equality between women and men before the law and both have the legal protection, treatment and benefit of the law" (37).
April 14, 2018, 3:43 p.m.
Countries: Switzerland
Variables: CONST-LAW-1

"The Committee notes as positive the decision taken by the Federal Court to analyse in detail the State party’s obligations arising from article 2 (a) of the Convention and from the Committee’s previous concluding observations. Nevertheless, the Committee regrets that the scope of the definitions of discrimination against women and equality of women and men, as applied by the Court, remains unchanged and that the 'Constitution does not confer any right to establish equality ‘in fact’ (de facto)'. It is further concerned that, although article 8 of the new Constitution provides for a broad definition of the principle of equality, it is inadequately applied" (Pg 4).
April 10, 2018, 10:42 p.m.
Countries: United Arab Emirates
Variables: CONST-LAW-1

"The Committee is concerned that, in spite of its previous recommendation (see CEDAW/C/ARE/CO/1, para. 15), the principle of equality of women and men has still not been enshrined in the State party’s Constitution and its national legislation, and that discrimination against women has not yet been defined in accordance with article 1 of the Convention and prohibited by law. The Committee is also concerned about the maintenance of discriminatory provisions in the State party’s legislation, such as of the concept of male guardianship and the obligation imposed on women to obey their husband (art. 56 of the Personal Status Law), which are incompatible with the State party’s obligations under the ...more
April 7, 2018, 11:16 a.m.
Countries: Brunei
Variables: CONST-LAW-1

"The Committee notes that the State party recognizes that gender equality and women’s empowerment are crucial for the advancement of women towards national development. It is, however, concerned at the absence of a definition of discrimination, in accordance with article 1 of the Convention, in the State party’s legislation" (Pg 3-4).
April 6, 2018, 10:56 a.m.
Countries: Kuwait
Variables: CONST-LAW-1

"Kuwait has gone to great lengths to enable women to exercise their rights and perform their duties in a manner consistent with the Constitution, which guarantees their political, social and economic rights, providing not only for full equality of the sexes, without distinction, but also entrenching equality through articles 7, 29, 30, 35, 37, 40, 41, 43, 44, 45 and 80" (7). "Equality between men and women is given concrete form in the Kuwaiti Constitution by steering its discourse and formulating articles in such a way that the word “citizen” or “individual” includes both men and women, without discrimination. Article 29 of the Constitution guarantees the principle of equality" (7). ...more
April 5, 2018, 9:17 p.m.
Countries: Lebanon
Variables: CONST-LAW-1

"The Committee remains concerned that the Constitution is still not in full conformity with the Convention and does not explicitly prohibit discrimination on the basis of sex. It is also concerned about the limited scope and applicability of the procedure for challenging laws deemed to be incompatible with the Constitution and international legal obligations. The Committee reiterates its previous recommendations to include in the Constitution a provision defining and prohibiting discrimination on the basis of sex, in line with article 2 (a) of the Convention...and to amend articles 9 and 10 of the Constitution to ensure gender equality in the context of religious freedom and sectarian diversity" (pg 5).more
April 4, 2018, 11:54 p.m.
Countries: Portugal
Variables: CONST-LAW-1

"The Committee notes the progress achieved since the consideration in 2008 of the State party’s seventh periodic report (CEDAW/C/PRT/7) in undertaking legislative reforms, in particular the adoption of the following legislation: . . . (b) Amendments to the Penal Code to include 'gender identity' as a prohibited ground of discrimination, in January 2013; (c) Law No. 7/2011 on gender identity, on 15 March 2010, and amendments to the Civil Code recognizing different forms of family relations, on 31 May 2010" (page 1-2).
April 4, 2018, 4:40 p.m.
Countries: Vietnam
Variables: CONST-LAW-1

"Constitution, which recognizes gender equality and prohibits genderbased discrimination, in 2013" (2). "The Committee welcomes the inclusion of the principle of gender equality and the prohibition of discrimination based on sex in the Constitution of 2013" (3).
April 4, 2018, 9:59 a.m.
Countries: East Timor
Variables: CONST-LAW-1

"The Committee remains concerned that neither the Constitution of the State party nor its ordinary legislation include a definition of discrimination against women in accordance with article 1 of the Convention" (2-3).
April 3, 2018, 10:42 p.m.
Countries: Madagascar
Variables: CONST-LAW-1

"The Committee welcomes the fact that the Constitution enshrines the principle of equality between women and men. It regrets, however, that the State party does not apply the definition of equality provided in article 1 of the Convention, even though its Constitution guarantees the integration of ratified international treaties into the legal order from the moment of their publication, as well as the superior authority of treaties to that of national laws. It is concerned about the persistence of discriminatory provisions in a number of laws, such as those on nationality, inheritance and marriage. The Committee is also concerned about the absence of a clear time frame for the adoption ...more
April 2, 2018, 8:19 a.m.
Countries: Bolivia
Variables: CONST-LAW-1

"The Committee welcomes the progress achieved since its consideration in 2008 of the State party's combined second, third and fourth periodic reports…in undertaking legislative reform in particular the adoption of the following legislation: (a) constitution of 2009, which establishes equality between women and men, sanctions gender-based violence and contains specific guarentees of women's rights" (1).
March 30, 2018, 5:08 p.m.
Countries: Liberia
Variables: CONST-LAW-1

"The Committee notes that articles 8 and 11 of the Constitution provide for fundamental rights and freedoms and prohibit discrimination on specific grounds, including sex" (3).
March 28, 2018, 10:04 a.m.
Countries: Uzbekistan
Variables: CONST-LAW-1

"The Committee urges the State party: ...(b) To accelerate the adoption of the bill on equal rights and opportunities for men and women" (3). This recommendation implies that Uzbekistan does not already have have a law on equality between men and women (CODER COMMENT-BCT).
March 23, 2018, 1:50 p.m.
Countries: Burundi
Variables: CONST-LAW-1

"Article 22 of the Constitution guarantees equal protection with no distinction between men and women and they have the same right to legal remedy" (30).
March 21, 2018, 5:20 p.m.
Countries: Namibia
Variables: CONST-LAW-1

"The Committee notes that article 10 of the Constitution provides that all persons are equal before the law and prohibits sex-based discrimination. The Committee is concerned, however, that the article provides a closed list of prohibited grounds, which does not encompass discrimination based on marital and HIV status. The Committee also notes with concern that a number of bills that have an impact on the enjoyment of women’s rights, such as those on marriage, recognition of customary marriages, procurement, marital property, divorce and intestate succession, are pending and there is no specific time frame for their adoption. The Committee calls upon the State party: (a) To adopt a comprehensive legal ...more
March 20, 2018, 1:29 p.m.
Countries: Gambia
Variables: MARR-LAW-1, CONST-LAW-1

"The Committee notes that many provisions of the Convention have been incorporated into national law through the adoption of relevant legislation, in particular the Women’s Act in 2010. It remains concerned, however, that the legislation does not adequately address female genital mutilation, marital rape or child marriage. It also remains concerned about the constitutional provision under which the prohibition of discrimination does not apply in respect of adoption, marriage, divorce, burial and devolution of property upon death and the fact that these issues are regulated under personal law, which contains discriminatory provisions, some of which are re-enacted in the Women’s Act. The Committee recommends that the State party: (a) Harmonize ...more
March 17, 2018, 1:48 p.m.
Countries: El Salvador
Variables: CONST-LAW-1

"In the framework of women’s rights to equality and non-discrimination, the Constitution of the Republic of El Salvador provides in article 3 that 'All persons are equal before the law. No restrictions on the exercise of civil rights may be established on the grounds of differences in nationality, race, sex or religion'. El Salvador has taken important legislative strides in protecting women’s rights with the adoption of the Act on Equality, Equity and Elimination of Discrimination against Women (“Ley de Igualdad, Equidad y Erradicación de la Discriminación contra las Mujeres” — LIE or Act on Equality), which has been in force since April of 2011, and the Special Comprehensive Act ...more
March 14, 2018, 6:54 p.m.
Countries: Senegal
Variables: CONST-LAW-1

"The Committee is concerned about: (a) The lack of harmonization by the State party of its legislation with the Convention, which should take precedence over national laws, especially because article 97 of the Constitution considers international treaties at the constitutional rank; (b) The very long delays in revising the discriminatory provisions contained in national law, in particular the discriminatory provisions contained in the Family Code, including provisions relating to the different minimum age of marriage for girls and boys, the husband being the head of the household and polygamy. The Committee recommends that the State party: (a) Finalize within a clear time frame and as a priority the process of ...more
March 14, 2018, 3:42 p.m.
Countries: Guinea
Variables: CONST-LAW-1

"The Committee welcomes the progress achieved since the consideration in 2007 of the State party’s combined fourth to sixth periodic reports (CEDAW/C/GIN/4-6) in undertaking legislative reforms, in particular the adoption in 2010 of the following: (a) New Constitution, recognizing in article 8 the principle of equality for men and women under the law" (2).
March 14, 2018, 12:08 p.m.
Countries: Swaziland
Variables: CONST-LAW-1

"The Committee welcomes the State party’s efforts to improve its policy framework aimed at accelerating the elimination of discrimination against women and promoting gender equality, such as the adoption of the following: (a) National gender policy, approved by the Cabinet in 2010; (b) Reproductive Health Commodity Security Strategic Plan 2008-2015" (page 2). "While the Committee notes that section 20 of the Constitution provides that all persons are equal before the law and prohibits discrimination on specific grounds, it is concerned that those grounds do not include sex and marital status" (page 2).
March 13, 2018, 10:57 p.m.
Countries: Norway
Variables: CONST-LAW-1

"The Gender Equality Act establishes a legal framework that helps promote equality between women and men. The Act protects individuals from gender discrimination while positively assigning certain duties to public and private actors" (44).
March 9, 2018, 8:49 a.m.
Countries: Saudi Arabia
Variables: CONST-LAW-1

"The Constitution, Basic Law of Governance and laws emanating therefrom affirm gender equality as explained above in the response concerning article 1 of the Convention" (48).
March 7, 2018, 9:50 p.m.
Countries: Mexico
Variables: CONST-LAW-1

". . . placing the CEDAW and other international instruments at the center of National Equality Policy, together with the Constitutional Reform in matters of human rights, the Planning Law and the Budget and Fiscal Responsibility Law, provides support for the National Development Plan 2013-2018, with a transverse structural axis of gender equality" (page 3). "In 2016, Article 2 of the Constitution was reformed regarding equality between women and men (appendix 3). The National Commission for the Development of Indigenous Peoples (CDI), within the Programme of Indigenous Rights, promotes community initiatives and incentivizes the participation of women, which in 2014 was 46.1% and in 2015, 52.1%" (page 4). "The Federal ...more
March 7, 2018, 6:52 p.m.
Countries: Sri Lanka
Variables: CONST-LAW-1

"Sri Lanka wishes to emphasize that Article 12 (2) of the Constitution of Sri Lanka recognizes the right to equality before the law which provides that 'No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds'" (7). "As has been elaborated in previous Country Reports, there is adequate provision within the existing legal regime of Sri Lanka to accord statutory recognition to the right to equality and to recognize thereby the right of women not to be discriminated on the grounds of gender all of which are supported by pronouncements of the Supreme Court. As is ...more
Feb. 27, 2018, 11:14 p.m.
Countries: Niger
Variables: CONST-LAW-1

"The Constitution of 25 November 2010, in articles 8 and 9 in particular, provides that all citizens may participate in public and political life on an equal footing, regardless of gender or social, racial, ethnic or religious origin. It also recognizes freedom of speech, association and worship and the freedom to vote and stand for election as provided by law" (pg 9). "Article 33 of the Constitution states that “The State recognizes that all citizens have the right to work, and is taking steps to create conditions in which this right can be effectively enjoyed and which guarantee to the worker a fair remuneration for his or her services or ...more
Feb. 23, 2018, 8:47 p.m.
Countries: Moldova
Variables: CONST-LAW-1

"The Constitution of the Republic of Moldova provides for equal rights for all citizens regardless of sex. The Law no.5-XVI (Article 7) stipulates the measures to ensure the enforcement of the principle of gender equality, obliging the parties and other social and political organizations to contribute to ensuring equal rights and opportunities between their members, women and men, by: Ensuring representation of women and men in the composition of their management bodies; Ensuring representation of women and men in the lists of candidates, without any gender-based discrimination" (Pg 20-21).
Feb. 16, 2018, 9:12 a.m.
Countries: Oman
Variables: CONST-LAW-1

"The Committee notes that article 17 of the Basic Law of the State (Constitution) prohibits discrimination against citizens on the basis of sex. It remains concerned, nevertheless, that the constitutional definition of discrimination applies only to citizens and is still not in line with article 1 of the Convention, which prohibits direct and indirect discrimination in the public and private spheres" (3).
Feb. 10, 2018, 12:06 p.m.
Countries: Uzbekistan
Variables: CONST-LAW-1

"With regards to gender equality, the Constitution of Uzbekistan stipulates equal rights of women and men as the fundamental right of citizens" (Para 2). "There is no hesitation that women have a special role in the society of Uzbekistan. A brief analysis of the Uzbek legislation showed that government provides basic constitutional rights, gives opportunity for political engagement of women into decision-making process and guarantees gender equal freedoms" (Para 8).
Feb. 7, 2018, noon
Countries: Chile
Variables: CONST-LAW-1

"While noting that the new anti-discrimination legislation includes the prohibition of discrimination based on sex, gender identity and sexual orientation, the Committee remains concerned that the State party failed to incorporate into this legislation a comprehensive definition of discrimination against women in accordance with article 1 of the Convention, and the principle of equality between women and men in accordance with article 2 (a)" (2).
Feb. 7, 2018, 10:37 a.m.
Countries: Sweden
Variables: CONST-LAW-1

"The objective of the Government’s action against discrimination is a society free from discrimination. Under the Swedish Discrimination Act no person may be discriminated against or prevented from enjoying their rights on account of sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age" (page 4). "The principle of gender equality is expressed in the Swedish constitution. For more information about the constitution see the presentation under Article 2 in Sweden’s second report and Sweden’s ‘core document’ (HRI/CORE/SWE/2011, 2 September 2011), called the core document below, section III. Discrimination on grounds of sex is mainly regulated in the Discrimination Act (Swedish Code of Statutes (SFS) ...more