SEARCH DATABASE
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
Côte d’Ivoire
- English
…
The State promotes and protects the cultural patrimony as well as the habits and customs which are not contrary to public order and morality. (Art. 24) - French
…
L’Etat promeut et protège le patrimoine culturel ainsi que les us et coutumes qui ne sont pas contraires à l’ordre public et aux bonnes mœurs. (Art. 24)
Customary Law
Congo, Democratic Republic of the
- English…
The civil and military Courts and Tribunals apply the duly ratified international treaties, the laws, [and] the regulatory acts, provided that they are in conformity with the laws as well as customary [law] unless the latter is contrary to the public order or to morality.
… (Art. 153) - French…
Les Cours et Tribunaux, civils et militaires, appliquent les traités internationaux dûment ratifiés, les lois, les actes réglementaires pour autant qu’ils soient conformes aux lois ainsi que la coutume pour autant que celle-ci ne soit pas contraire à l’ordre public ou aux bonnes mœurs.
… (Art. 153)
Customary Law
Sierra Leone
- English(1) The laws of Sierra Leone shall comprise—
a. this Constitution;
b. laws made by or under the authority of Parliament as established by this Constitution;
c. any orders, rules, regulations and other statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this Constitution or any other law;
d. the existing law; and
e. the common law.
(2) The common law of Sierra Leone shall comprise the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity, and the rules of customary law including those determined by the Superior Court of Judicature.
(3) For the purposes of this section the expression “customary law” means the rules of law which by custom are applicable to particular communities in Sierra Leone.
… (Sec. 170)
Customary Law
Zambia
- English...
2. Every person who is charged with a criminal offence—...
d. shall unless legal aid is granted him in accordance with the law enacted by Parliament for such purpose be permitted to defend himself before the court in person, or at his own expense, by a legal representative of his own choice;
…
12. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
…
b. paragraph (d) of clause (2) to the extent that it is shown that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under Zambian customary law, being proceedings against any person who, under that law, is subject to that law;
… (Art. 18)
Customary Law
South Sudan
- English1. The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
2. Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
3. The courts shall apply customary law subject to this Constitution and the law. (Art. 167)
Customary Law
Zimbabwe
- English(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—
…
(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)
Customary Law
Uganda
- EnglishCultural and customary values which are consistent with fundamental rights and freedoms, human dignity, democracy and with the Constitution may be developed and incorporated in aspects of Ugandan life.
The State shall-
a. promote and preserve those cultural values and practices which enhance the dignity and well-being of Ugandans;
… (National Objectives and Directive Principles of State Policy, XXIV)
Customary Law
Namibia
- English(1) Both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.
(2) Subject to the terms of this Constitution, any part of such common law or customary law may be repealed or modified by Act of Parliament, and the application thereof may be confined to particular parts of Namibia or to particular periods. (Art. 66)
Customary Law
Sudan
- EnglishAll ethnic and cultural groups shall have the right to enjoy their own culture and develop it freely. The members of such groups shall have the right to exercise their beliefs, use their languages, observe their religions or customs, and raise their children in the framework of such cultures and customs. (Art. 65)
- Arabicلكل المجموعات العرقية والثقافية الحق في أن تنعم بثقافتها الخاصة وتطورها بحرية، وللمنتميين لهذة المجموعات الحق في أن يمارسوا معتقداتهم ويستخدموا لغاتهم ويراعوا أديانهم واعرافهم وينشئوا اطفالهم في إطار تلك الثقافات والاعراف. (الماده 66)
Customary Law
Ghana
- English…
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
…
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)