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 4189 RESULTS
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
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
Ethiopia
- English1. The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official which contravenes this Constitution shall be of no effect.
… (Art. 9) - Amharic1. ሕገ መንግሥቱ የሀገሪቱ የበላይ ሕግ ነው፡፡ ማንኛውም ሕግ፣ ልማዳዊ አሰራር፣እንዲሁም የመንግሥት አካል ወይም ባለሥልጣን ውሳኔ ከዚህ ሕገ መንግሥት ጋር የሚቃረን ከሆነ ተፈጻሚነት አይኖረውም፡፡
… (አንቀጽ 9)
Customary Law
Mozambique
- English1. The State shall recognise and esteem traditional authority that is legitimate according to the people and to customary law.
2. The State shall define the relationship between traditional authority and other institutions and the part that traditional authority should play in the economic, social and cultural affairs of the country, in accordance with the law. (Art. 118) - Portuguese1. O Estado reconhece e valoriza a autoridade tradicional legitimada pelas populações e segundo o direito consuetudinário.
2. O Estado define o relacionamento da autoridade tradicional com as demais instituições e enquadra a sua participação na vida económica, social e cultural do país, nos termos da lei. (Art. 118)
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
Eswatini
- EnglishWe, the people of Eswatini, …Whereas it has become necessary to review the various constitutional documents, decrees, laws, customs and practices so as to promote good governance, the rule of law, respect for our institutions and the progressive development of the Eswatini society;Whereas it is necessary to blend the good institutions of traditional Law and custom with those of an open and democratic society so as to promote transparency and the social, economic and cultural development of our Nation;… (Preamble)
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
Kenya
- English...
(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45) - Swahili...
(4) Bunge litatunga sheria inayotambua-
(a) ndoa zilizofungwa chini ya utamaduni wowote, au mfumo wa sheria za kidini, za binafsi au za familia; na
(b) mfumo wowote wa sheria binafsi au familia chini ya utamaduni wowote, au inazingatiwa na watu ambao ni waumini wa dini fulani,
kwa kiwango kwamba ndoa yoyote ya namna hiyo au mifumo ya sheria haipingani na Katiba hii. (Kifungu cha 45)
Customary Law
South Sudan
- English...
7. Rights in land and resources owned, held or otherwise acquired by the Government shall be exercised through the appropriate or designated level of government which shall recognize customary land rights under customary land law.
8. All levels of government shall institute a process to progressively develop and amend the relevant laws to incorporate customary rights and practices and local heritage.
… (Art. 171)
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)