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Chapter 4. Protection and promotion of fundamental and other human rights and freedoms

Article 32. General

Affirmative action in favour of marginalised groups

This is the official English text as consolidated on 31 December 2023. The English text is the law.

(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)

Laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause (1) relates or which undermine their status, are prohibited by this Constitution.

(3)

There shall be a commission called the Equal Opportunities Commission whose composition and functions shall be determined by an Act of Parliament.

(4)

The Equal Opportunities Commission shall be established within one year after the coming into force of the Constitution (Amendment) Act, 2005.

(5)

Parliament shall make laws for the purpose of giving full effect to this Article.

Notes

  1. The Constitution (Amendment) Act, 2005, Act 11 of 2005 came into force on 30th September, 2005.