constitutional law

1 BvL 7/18 - Immigrant from Syria vs. German Youth Welfare Authority; German Federal Constitutional Court (Bundesverfassungsgericht); decision dated February 1, 2023

Statutory regulations that limit the constitutionally anchored fundamental right to freedom of marriage are permissible only if required and permitted by the constitution and must comply with the principle of proportionality. The legislator may, therefore, only create obstacles to marriage to protect the institution of marriage following the Constitution.

Direct Action of Unconstitutionality by Omission No. 26 and Writ of Injunction No. 4733 – Federal Supreme Court (2019)

A petition to require consent from the woman’s husband in a law in the Constitution of the Kingdom of Nepal allowing women to have an abortion on fetuses of less than 12 weeks cited CEDAW conventions mandating equality between men and women on matters relating to family planning. The Court dismissed the petition emphasizing that CEDAW is intended to promote and protect women’s rights and to consider the wording of equality in such absolute terms would, in fact, be contrary to this original intent.

The appellant was convicted of femicide for killing a 17-year-old girl when she attempted to defend herself against his efforts to sexually assault her. The appellant argued on appeal that the facts did not support a finding that he was guilty of femicide, petitioned for the re-classification of his crime, and argued that his sentence should have been reduced because he had consumed alcohol before the events that led to the girl’s death.

In Case No. 190096-2023, the Supreme Court of Chile reviewed an appeal filed by a foreign woman who had been held in pretrial detention since April 8, 2023, on drug trafficking charges. The appellant was experiencing a high-risk pregnancy, with an expected due date of October 4, 2023, and was receiving medical care at the Provincial Hospital of Huasco. The Court examined and amended the November 15, 2023, ruling of the Court of Appeals of Concepción.

In Clubb v Edwards; Preston v Avery (2019), the High Court of Australia considered whether "safe access zone" laws in Victoria and Tasmania (which prohibit certain communications and protests about abortion within 150 metres of abortion clinics) impermissibly burden the implied freedom of political communication under the Australian Constitution.

The 2024 Constitution of Nicaragua establishes a strong framework of fundamental rights, including guarantees relevant to gender equality, family, and women’s protection. Article 27 affirms equality before the law, and Articles 48, 73, and 82 enshrine unconditional equality between men and women, prohibiting all forms of labor and social discrimination based on gender. Article 5 elevates human dignity as a guiding principle, and Article 36 protects physical, psychological, and moral integrity by prohibiting torture and cruel, inhuman, or degrading treatment.

The Political Constitution of the Republic of Chile provides a fundamental legal framework to ensure equality before the law, prohibit arbitrary discrimination, and protect personal integrity and honor. Article 19(1) guarantees the right to life and to physical and psychological integrity, expressly stating that the law protects the life of the unborn. Article 19(2) affirms that men and women are equal before the law, prohibits privileges for individuals or groups, and forbids arbitrary distinctions established by law or authority.

The Political Constitution of the Republic of Guatemala recognizes the equality of all persons and provides specific protections for women and families. Article 4 states that all human beings are free and equal in dignity and rights, and that men and women, regardless of marital status, have equal rights and responsibilities.

Constitution of the Republic of Portugal (2005)

The Constitution of the Republic of Portugal sets forth the Republic’s fundamental principles, values, norms, and guarantees, including (among other enumerated rights and protections) the following: