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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…
(4) where a compulsory acquisition of land by or on behalf of the Government involves the displacement of any inhabitant who occupy the land under customary law, the Government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values.
… (Sec. 22)
Customary Law
- 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
- English
The rules concerning [the following] are of the domain of the law:
…
- The procedure according to which customs [coutumes] will be recognized [constatees] and placed in harmony with the fundamental principles of the Constitution;
… (Art. 98) - French
Sont du domaine de la loi les règles concernant:
…
- La procedure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution;
… (Art. 98)
Customary Law
- English…
(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter13. (Sec. 46)
Customary Law
- EnglishCustomary and traditional rules concerning collective criminal responsibility are prohibited. (Art. 27)
- Arabicتحظر القواعد العرفية والتقليدية المتعلقة بالمسؤولية الجنائية الجماعية. (المادة 27)
- FrenchLes règles coutumières et traditionnelles relatives à la responsabilité pénale collective sont interdites. (Art. 27)
Customary Law
- English(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established. (Sec. 282)
Customary Law
- English(1) A person shall be qualified to be appointed under section 77(1)(b) as a Member of the Ntlo ya Dikgosi if he or she-
(a) is a citizen of Botswana; and
(b) has attained the age of 21 years.
...
(4) A Member of the Ntlo ya Dikgosi shall not, while he or she is such a Member, participate in party politics, but active participation in politics prior to being a Member of the Ntlo ya Dikgosi shall not bar any person from being such a Member. (Sec. 79)
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…
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)