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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Customary Law
- English(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)
Customary Law
- English1. Parliament may provide for the manner of the ascertainment of relevant rules of custom except for the rules of custom relating to ownership of custom land, and may in particular provide for persons knowledgeable in such custom to sit with the judges of the Supreme Court or the Court of Appeal and take part in its proceedings.
... (Art. 51) - French1) Le Parlement peut prévoir la façon de vérifier des règles coutumières pertinentes sauf pour les règles coutumières relatives à la propriété des terres coutumières et peut en particulier permettre à des personnes connaissant bien une coutume donnée de siéger avec les juges de la Cour suprême ou de la Cour d’appel et participer à ses procédures.
... (Art. 51)
Customary Law
- EnglishStatutes and traditional law shall be equally authoritative. In case of conflict between a statute and a traditional law, the statute shall prevail only to the extent it is not in conflict with the underlying principles of the traditional law. (Art. V, Sec. 2)
Customary Law
- English
(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, or
(f) disability; or
(g) sex
in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part , and in particular to - ...
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision –
…
(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter,
in accordance with the personal law, beliefs or customs of any person or group;
…
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom;
…
shall be considered to be inconsistent with subsection (2).
… (Sec. 27)