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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
Central African Republic
- English…
It recognizes and protects the traditional values in accordance with the law and the Customary Authorities.
… (Art. 24) - French…
Elle reconnaît et protège les valeurs traditionnelles conformes à la loi et les Autorités costumières.
… (Art. 24)
Customary Law
Ghana
- EnglishIn this Chapter9 unless the context otherwise requires, “chief” means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage. (Art. 277)
Customary Law
South Africa
- English(1) National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law
(a) national or provincial legislation may provide for the establishment of houses of traditional leaders; and
(b) national legislation may establish a council of traditional leaders. (Sec. 212)
Customary Law
Chad
- EnglishThe traditional and customary authorities are the guarantors of use and custom. (Art. 217)
- Arabicالسلطات العرفية والتقليدية هي ضامنة التقاليد والأعراف. (المادة 217)
- FrenchLes Autorités Traditionnelles et Coutumières sont les garants des us et coutumes. (Art. 217)
Customary Law
Malawi
- English...
3. All men and women have the right to marry and found a family.
4. No person shall be forced to enter into marriage.
5. Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
… (Sec. 22)
Customary Law
Somalia
- English(1) The state shall promote the positive traditions and cultural practices of the Somali people, whilst striving to eliminate from the community customs and emerging practices which negatively impact the unity, civilization and wellbeing of society.
… (Art. 31) - Somali(1) Dawladdu waa in ay horumarisaa hiddaha iyo dhaqanka suubban ee Shacabka Soomaaliyeed, iyadoo ku dedaaleysa in ay bulshada ka suuliso caadooyinka haraaga ah iyo kuwa dhowaan-soo-baxa ah ee wax u dhimaya midnimada, ilbaxnimada iyo caafimaadka bulshada.
... (Qodobak 31aad.)
Customary Law
Zimbabwe
- EnglishThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)
Customary Law
Botswana
- English(1) Except for the areas of Ghanzi, Chobe, Kgalagadi and North East, the Members for the areas referred to in section 77(1)(a) shall be designated to the Ntlo ya Dikgosi according to the established norms and practices of those areas.
(2) The Members for the Ghanzi, Chobe, Kgalagadi and North-East areas referred to in section 77(1)(a) shall be selected, from their own number, to the Ntlo ya Dikgosi by persons for the time being performing the functions of the office of Kgosi within each of those areas.
… (Sec. 78)
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
Namibia
- English...
(5) There shall be a Council of Traditional Leaders to be established in terms of an Act of Parliament in order to advise the President on the control and utilization of communal land and on all such other matters as may be referred to it by the President for advice. (Art. 102)