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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…
3. … Every ethnic group has the right to use its own spoken and written language to preserve its own identity and to promote its fine customs, practices, traditions and culture.
… (Art. 5) - Vietnamese…
3. … Các dân tộc có quyền dùng tiếng nói, chữ viết, giữ gìn bản sắc dân tộc, phát huy phong tục, tập quán, truyền thống và văn hoá tốt đẹp của mình.
… (Điều 5)
Customary Law
- 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
- EnglishCourt decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)
Customary Law
- English(1) An appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as of right in any civil proceedings before the customary Court of Appeal with respect to any question of Customary law and such other matters as may be prescribed by an Act of the National Assembly.
(2) Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be –
(a) exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter;
(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. (Sec. 245)
Customary Law
- English(1) Parliament shall make provision for the application of laws, including customary laws.
(2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)
Customary Law
- English...
(2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.
(3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. (Sec. 39)
Customary Law
- English
(1) The Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.
(2) This includes recognition of-
(a) the right to worship, or not to worship, in whatever way the conscience of the individual tells him; and
(b) the right to hold, to receive and to communicate opinions, ideas and information.
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, the Charter of Duties and Responsibilities in section 43 and to the effect on society.
(4) It may therefore be necessary in certain circumstances to regulate or place some restrictions on the exercise of those rights, if their exercise—
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or culture.
(5) Subject to section 15 (definition of “reasonably justifiable in a democratic society”) nothing contained in a law or done under a law shall be considered to be inconsistent with section 23 (freedom of belief); or section 24 (freedom of expression); or section 25 (freedom of assembly and association); or section 26 (freedom of movement); or section 27 (freedom from discrimination) to the extent the law makes provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;
(c) to assemble and associate with others;
(d) to move freely or reside within Tuvalu or to enter and to leave Tuvalu; or
(e) to not be discriminated against;
if the exercise of that right may otherwise conflict with subsection (4). (Sec. 29)
Customary Law
- EnglishEvery Togolese citizen has the right to circulate freely and to establish themselves in the national territory in any place [point] of their choice within the conditions defined by the law or local custom. … (Art. 22)
- FrenchTout citoyen togolais a le droit de circuler librement et de s'établir sur le territoire national en tout point de son choix dans les conditions définies par la loi ou la coutume locale. … (Art. 22)
Customary Law
- English
…
"the Falekaupule” means the traditional governing assembly in each island of Tuvalu which is composed in accordance with the aganu (i.e., the traditional local customs and usages) of each island and established under section 4 of the Falekaupule Act 1997;
... (Schedule 1, Sec. 1)
Customary Law
- English1. Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
…
3. In this Article the expression “discriminatory” means affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
4. Clause (1) shall not apply to any law so far as that law makes provision-
…
c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
d. for the application in the case of members of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
… (Art. 23)