Article 3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
51. The Republic of Djibouti has spared no effort to ensure the effective implementation of human rights
for the benefit of everyone on its territory, without discrimination. In this regard, the State has
implemented a series of legislative, administrative and legal measures and regularly undertakes initiatives
to ensure equality and combat all forms of discrimination.
52. The third paragraph of Article 1 of the Constitution sets out the State’s obligation to ensure equality for
all before the law regardless of language, origin, race, sex or religion. The Constitution (Paragraph 1
Article 10) further states that respect and protection of fundamental human rights may be guaranteed
only if all human beings are equal before the law. In accordance with these constitutional provisions,
everyone shall enjoy inalienable rights that may not be subject to any discrimination and whose
underlying principles must be upheld by the State.
53. The Criminal Code strictly prohibits discriminatory acts, which are defined as any distinction made
between natural or legal persons on grounds of origin, sex, family situation, state of health, disability,
tradition, political opinions, trade union activities, or membership of a particular ethnic group, nation,
race or religion (Article 390). Subsequent provisions (articles 391 and 393) go on to establish the
penalties imposed on offenders. A 2-year prison sentence and a fine of 500,000 Djibouti francs (DF) are
provided for acts such as refusal to provide a good or service, obstruction of the exercise of any
economic activity, making recruitment subject to conditions, punishment or dismissal.
54. The desire to prevent and combat these practices is also reflected in the Labour Code and, in particular,
in Article 3 which states that an employee’s sex, age, race, colour, social origin, nationality or national
extraction, membership or non-membership of a trade union, or opinions, particularly religious and
political opinions, shall not be taken into account by any employer in making decisions relating to
recruitment, conduct and distribution of work, professional training, advancement, promotion,
remuneration and other conditions of work, award of social benefits, discipline or breach of contract.
This highly detailed provision concerning employment is limited only by more favourable regulations
protecting women, children and young persons.
55. This same desire is found in Act No. 48/AN/83/1st L on General Civil Service Regulations which
states that no distinction shall be made between the sexes other than in exceptional measures dictated
by the nature of the duties (Article 7). The Special Civil Service Regulations Act confirms the principle
of equal access to civil service posts by establishing a competitive selection process.
56. Enactment of the Personal Status Act has significantly strengthened the equality of rights and
responsibilities of spouses by establishing shared parental authority. From a general perspective, the
State has undertaken a series of positive measures to accelerate gender equality especially through
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