| ABOUT US |
||||||||||||||||||||||||||
|
Bill of Rights - Section 38
Equality
(1) Every person has the right to equality before the law.
(2) A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her:
(a) actual or supposed personal characteristics or circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or
(b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others; or on any other ground prohibited by this Constitution.
(3) Accordingly, neither a law nor an administrative action taken under a law may directly or indirectly impose a disability or restriction on any person on a prohibited ground.
(4) Every person has the right of access, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public restaurants, places of public entertainment, public transport services, taxis and public places.
(5) The proprietor of a place or service referred to in subsection (4) must facilitate reasonable access for disabled persons to the extent prescribed by law.
(6) A law, or an administrative action taken under a law, is not
inconsistent with the right to freedom from discrimination on the ground
of:
(a) language;
(b) birth;
(c) economic status;
(d) age; or
(e) disability;
during the period of 2 years after the date of commencement of this Constitution if the law was in force immediately before that date and has remained continually in force during that period.
(7) A law is not inconsistent with subsection (1), (2) or (3) on the ground that it:
(a) appropriates revenues or other moneys for particular purposes;
(b) imposes a retirement age on a person who is the holder of a public office;
(c) imposes on persons who are not citizens a disability or restriction, or confers on them a privilege or advantage, not imposed or conferred on citizens;
(d) permits a person who has a discretion to institute or discontinue criminal proceedings to take account in the exercise of that discretion of traditional procedures in the State for the settlement of disputes; or
(e) makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters as the personal law of any person or the members of any group; but only to the extent that the law is reasonable and justifiable in a free and democratic society.
(8) A law, or an administrative action taken under a law, may limit a right or freedom set out in this section for the purpose of:
(a) providing for the application of the customs of Fijians or Rotumans or of the Banaban community:
(i) to the holding, use or transmission of, or to the distribution of the produce of, land or fishing rights; or
(ii) to the entitlement of any person to any chiefly title or rank;
(b) imposing a restriction on the alienation of land or fishing rights held in accordance with Fijian or Rotuman custom or in accordance with Banaban custom; or
(c) permitting the temporary alienation of that land or those rights without the consent of the owners.
(9) To the extent permitted by subsection (10), a law, or an administrative action taken under a law, may limit a right or freedom set out in this section for the purpose of providing for the governance of Fijians or Rotumans or of the Banaban community and of other persons living as members of a Fijian, Rotuman or Banaban community.
(10) A limitation referred to in subsection (9) is valid only if it:
(a) accords to every person to whom it applies the right to equality before the law without discrimination other than on the ground of race or ethnic origin; and
(b) does not infringe a right or freedom set out in any other section of this Chapter.
Back to Bill of Rights Listings