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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.
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Customary Law
Papua New Guinea
- EnglishNothing in this Part invalidates an emergency law as defined in Part X (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this Division to an extent that is more than is reasonably necessary to deal with the emergency concerned and 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. (Sec. 40)
Customary Law
Eswatini
- English(1) The Swazi traditional government is administered according to Swazi law and custom and the traditional institutions that are pillars of the monarchy as set out in subsection (2).
(2) The following Swazi traditional institutions are hereby guaranteed and protected ...
(a) iNgwenyama;
(b) iNdlovukazi;
(c) Ligunqa (Princes of the Realm);
(d) Liqoqo;
(e) Sibaya;
(f) (Tikhulu) Chiefs;
(g) Umntfwanenkhosi Lomkhulu (Senior Prince);
(h) Tindvuna (Royal Governors). (Sec. 227)
Customary Law
South Sudan
- English1. Judicial power is derived from the people and shall be exercised by the courts in accordance with the customs, values, norms and aspirations of the people and in conformity with this Constitution and the law.
… (Art. 122)
Customary Law
Togo
- EnglishThe Togolese State recognizes the traditional chiefdom, guardian of use and customs.
The designation and the enthronement [intronisation] of the traditional chief obeys the use and customs of the locality. (Art. 143) - FrenchL’Etat togolais reconnaît la chefferie traditionnelle, gardienne des us et coutumes.
La désignation et l’intronisation du chef traditionnel obéissent aux us et coutumes de la localité. (Art. 143)
Customary Law
Tuvalu
- English...
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case —
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
(4) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful. (Sec. 12)
Customary Law
Ghana
- English(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.
… (Art. 267)
Customary Law
Vanuatu
- English…
(3) Customary Law shall continue to have effect as part of the law of the Republic of Vanuatu. (Art. 95) - French…
3) Les règles coutumières continuent à produire tous leurs effets au sein du système juridique de la République de Vanuatu. (Art. 95)
Customary Law
Zimbabwe
- English…
(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter13. (Sec. 46)
Customary Law
Barbados
- English(1) Subject to the provisions of this section—
(a) no law shall make any provision that is discriminatory either of itself or in its effect;
…
(2) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Subsection (1)(a) shall not apply to any law so far as that law makes provision—
…
(b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Sec. 23)
Customary Law
Malawi
- English1. In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
2. In the application and formulation of any Act of Parliament and in the application and development of the common law and customary law, the relevant organs of State shall have due regard to the principles and provisions of this Constitution. (Sec. 10)