Constitution of the Kingdom of Swaziland, 2005
(d)
30.
31.
eSwatini
children receive special protection against exposure to physical and moral hazards within
and outside the family.
Rights of persons with disabilities
(1)
Persons with disabilities have a right to respect and human dignity and the Goverrnment and
society shall take appropriate measures to ensure that those persons realise their full mental and
physical potential.
(2)
Parliament shall enact laws for the protection of persons with disabilities so as to enable those
persons to enjoy productive and fulfilling lives.
Abolition of the status of illegitimacy
For the avoidance of doubt, the (common law) status of illegitimacy of persons born out of wedlock is
abolished.
32.
33.
34.
Rights of workers
(1)
A person has the right to practise a profession and to carry on any lawful occupation, trade or
business.
(2)
A worker has a right to—
(a)
freely form, join or not to join a trade union for the promotion and protection of the
economic interests of that worker; and
(b)
collective bargaining and representation.
(3)
The employer of a female worker shall accord that worker protection before and after childbirth in
accordance with law.
(4)
Parliament shall enact laws to—
(a)
provide for the right of persons to work under satisfactory, safe and healthy conditions;
(b)
ensure equal payment for equal work without discrimination;
(c)
ensure that every worker is accorded rest and reasonable working hours and periods of
holidays with pay as well as remuneration for public holidays; and
(d)
protect employees from victimisation and unfair dismissal or treatment.
Right to administrative justice
(1)
A person appearing before any administrative authority has a right to be heard and to be treated
justly and fairly in accordance with the requirements imposed by law including the requirements of
fundamental justice or fairness and has a right to apply to a court of law in respect of any decision
taken against that person with which that person is aggrieved.
(2)
A person appearing before any administrative authority has a right to be given reasons in writing
for the decision of that authority.
Property rights of spouses
(1)
A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse
whether the other spouse died having made a valid will or not and whether the spouses were
married by civil or customary rites.
(2)
Parliament shall, as soon as practicable after the commencement of this Constitution, enact
legislation regulating the property rights of spouses including common-law husband and wife.
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