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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.
Customary Law
- English
The freedom of belief, of non-belief, of conscience, of religious opinion, [of] philosophy, of exercise of belief, the freedom of assembly, the free practice of custom as well as the freedom of procession and of demonstration, are guaranteed by this Constitution, under reserve of respect for the law, for public order, for good morals and for the human person. (Art. 7)
- French
La liberté de croyance, de non croyance, de conscience, d’opinion religieuse, philosophique, d’exercice de culte, la liberté de réunion, la pratique de la coutume ainsi que la liberté de cortège et de manifestation sont garanties par la présente Constitution, sous réserve du respect de la loi, de l’ordre public, des bonnes mœurs et de la personne humaine. (Art. 7)
Customary Law
- 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
- 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
- English1. The institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.
2. Parliament shall not enact legislation which—
a. confers on a person or authority the right to recognise or withdraw the recognition of a chief; or
b. derogates from the honour and dignity of the institution of chieftaincy. (Art. 165)
Customary Law
- 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)
Customary Law
- English...
2. Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
a. sexual abuse, harassment and violence;
b. discrimination in work, business and public affairs; and
c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Customary Law
- English
The Gabonese people,
…
Solemnly proclaim their adherence to their profound and traditional social values, to their cultural, material and spiritual patrimony, to respect for the freedoms, the rights and the duties of the citizen.
… (Preamble) - French
Le peuple gabonais,
…
Proclame solennellement son attachement à ses valeurs sociales profondes et traditionnelles, à son patrimoine culturel, matériel et spirituel, au respect des libertés, des droits et des devoirs du citoyen.
… (Préambule)
Customary Law
- English(1) Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
(2) The iNgwenyama may appoint any person to be chief over any area.
(3) The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
(4) The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
(5) Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
(6) A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
(7) A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
(8) The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
(9) In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory. (Sec. 233)
Customary Law
- English(1) The judiciary of Zimbabwe consists of—
…
(f) persons presiding over magistrates courts, customary law courts and other courts established by or under an Act of Parliament.
… (Sec. 163)
Customary Law
- English…
5. Without prejudice to article 32 of this Constitution, women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom. (Art. 33)