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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
- English1. The state shall recognise the status, role and functions of the institutions of the traditional authorities founded in accordance with customary law which do not contradict the Constitution.
2. Recognition of the institutions of the traditional authorities shall oblige public and private entities to respect, in their relations with these institutions, the values and norms of customary law that are observed within traditional political and community organisations and do not conflict with the Constitution or the dignity of the human person. (Art. 223) - Portuguese1. O Estado reconhece o estatuto, o papel e as funções das instituições do poder tradicional constituídas de acordo com o direito consuetudinário e que não contrariam a Constituição.
2. O reconhecimento das instituições do poder tradicional obriga as entidades públicas e privadas a respeitarem, nas suas relações com aquelas instituições, os valores e normas consuetudinários observados no seio das organizações político-comunitárias tradicionais e que não sejam conflituantes com a Constituição nem com a dignidade da pessoa humana. (Art. 223)
Customary Law
- English(1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which is discriminatory either of itself or in its effect.
…
(3) In this section 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, 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) Subsection (1) shall not apply to any law so far as that law makes provision—
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d. with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law;
e. for the application in the case of members of a particular race or tribe or 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;
… (Sec. 27)
Customary Law
- English(1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
… (Sec. 2)
Customary Law
- English…
The State guarantees the right to individual or collective property, acquired in conformity to the law or to custom.
… (Art. 34) - French…
L’Etat garantit le droit à la propriété individuelle ou collective acquis conformément à la loi ou à la coutume.
… (Art. 34)
Customary Law
- EnglishIn this Constitution—
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“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief;
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“customary law” means the customary law of any section or community of Zimbabwe’s people;
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“traditional leader” means a person appointed as such in terms of section 283;
… (Sec. 332)
Customary Law
- English
The rules concerning [the following] are of the domain of the law:
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- 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:
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- 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 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...
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…
(3) The following persons shall be citizens of Namibia by marriage:
(a) those who are not Namibian citizens under Sub-Article (1) or (2) hereof and who:
(aa) in good faith marry a Namibian citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for Namibian citizenship if this Constitution had been in force; and
(bb) subsequent to such marriage have ordinarily resided in Namibia as the spouse of such person for a period of not less than ten (10) years; and
(cc) apply to become citizens of Namibia;
(b) for the purposes of this Sub-Article (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage: provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognised as such for the purposes of this Sub-Article.
… (Art. 4)