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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.
ABOUT 4191 RESULTS
Customary Law
South Africa
- English(1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
(2) Religious observances may be conducted at state or state-aided institutions, provided that-
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.
(3) (a) This section does not prevent legislation recognising-
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. (Sec. 15)
Customary Law
Eswatini
- English…
(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)
Customary Law
Liberia
- EnglishThe Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as the legislature may from time to time establish. The courts shall apply both statutory and customary laws in accordance with the standards enacted by the Legislature. … (Art. 65)
Customary Law
Rwanda
- EnglishThe State has the duty to safeguard and promote national values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals.
… (Art. 47) - KinyarwandaLeta ifite inshingano zo kurengera no guteza imbere indangagaciro z'Igihugu zishingiye ku mibereho no ku mitekerereze ndangamuco ndetse no ku biranga umuco w’Igihugu muri rusange, mu gihe bitabangamiye uburenganzira bwa muntu, ituze rusange rya rubanda n’imyifatire ndangabupfura.
… (Ingingo ya 47) - FrenchL’Etat a le devoir de sauvegarder et de promouvoir les valeurs nationales fondées sur les traditions et pratiques culturelles dans la mesure où elles ne sont pas contraires aux droits de la personne, à l’ordre public et aux bonnes mœurs.
… (Art. 47)
Customary Law
Ghana
- English(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)
Customary Law
Congo, Democratic Republic of the
- English…
The State guarantees the right to individual or collective property, acquired in conformity to the law or to custom.
… (Art. 34) - French…
L’Etat garantit le droit à la propriété individuelle ou collective acquis conformément à la loi ou à la coutume.
… (Art. 34)
Customary Law
Zimbabwe
- English(1) There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all Chiefs in Zimbabwe.
(2) An Act of Parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of Chiefs consisting of the Chiefs in that province.
(3) So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.
(4) Elections of the President, Deputy President and members of the National Council of Chiefs must be conducted by the Zimbabwe Electoral Commission.
(5) Each provincial assembly of Chiefs must elect, in accordance with the Electoral Law, Chiefs to represent the province in the Senate in terms of section 120(1)(b).
(6) The President and Deputy President of the National Council of Chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as Deputy President is eligible for election as President.
(7) An Act of Parliament must provide for—
(a) the election of Chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election;
(b) the oath of office to be taken by members of the National Council of Chiefs and provincial assemblies of Chiefs;
(c) the tenure of office of members of the National Council of Chiefs;
(d) the remuneration, pension and other benefits of the President, Deputy President and members of the National Council of Chiefs;
(e) the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and
(f) the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs. (Sec. 285)
Customary Law
South Sudan
- EnglishThe sources of legislation in South Sudan shall be:
a. this Constitution;
b. customs and traditions of the people;
c. the will of the people; and
d. any other relevant source. (Art. 5)
Customary Law
Ethiopia
- English…
4. In accordance with provisions to be specified by law, a law giving recognition to marriage concluded under systems of religious or customary laws may be enacted.
5. This Constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious or customary laws, with the consent of the parties to the dispute. Particulars shall be determined by law. (Art. 34) - Amharic…
4. በሕግ በተለይ በሚዘረዘረው መሰረት በሃይማኖት፣ በባሕል የሕግ ሥርዓቶች ላይ ተመስርትው ለሚፈጸሙ ጋብቻዎች እውቅና የሚሰጥ ሕግ ሊወጣ ይችላል፡፡
5. ይህ ሕገ መንግሥት የግል እና የቤተሰብ ሕግን በተመለከተ በተከራካሪዎች ፈቃድ በሃይማኖቶች ወይም በባሕሎች ሕጐች መሰረት መዳኘትን አይከለክልም፡፡ ዝርዝሩ በሕግ ይወሰናል፡፡ (አንቀጽ 34)
Customary Law
Nigeria
- English(1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of –
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned in Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly. (Sec. 237)