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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
- English...
3. Land in Uganda shall be owned in accordance with the following land tenure systems-
a. customary;
b. freehold;
c. mailo; and
d. leasehold.
4. On the coming into force of this Constitution-
a. all Uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by Parliament; and
b. land under customary tenure may be converted to freehold land ownership by registration.
… (Art. 237)
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
- 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
- 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…
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)
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)
Customary Law
- EnglishA chief—
a. may own property in a personal capacity; and
b. shall enjoy privileges and benefits—
i. bestowed on the office of chief by or under culture, custom and tradition; and
ii. attached to the office of chief, as prescribed. (Art. 167)