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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
- EnglishThe legitimate authorities of the native peoples shall have the power to apply within their territorial competence levels of administration of justice based on their ancestral traditions and affecting their members only, in accordance to their own rules and proceedings, provided the same are not contrary to this Constitution, law and public order. The manner in which this special competence shall be coordinated with the national judicial system shall be determined by law. (Art. 260)
- SpanishLas autoridades legítimas de los pueblos indígenas podrán aplicar en su hábitat instancias de justicia con base en sus tradiciones ancestrales y que sólo afecten a sus integrantes, según sus propias normas y procedimientos, siempre que no sean contrarios a esta Constitución, a la ley y al orden público. La ley determinará la forma de coordinación de esta jurisdicción especial con el sistema judicial nacional. (Art. 260)
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…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
…
(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status 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.
(5) Subsection (2) shall not apply to any law in 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 in the case of persons who, under that law, are subject to that law.
… (Sec. 33)
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
- EnglishA person and a community shall have the right to:
1. conserve, revive or promote wisdom, arts, culture, tradition and good customs at both local and national levels;
… (Sec. 43) - Thaiบุคคลและชุมชนย่อมมีสิทธิ
(๑) อนุรักษ์ ฟื้นฟู หรือส่งเสริมภูมิปัญญา ศิลปะ วัฒนธรรม ขนบธรรมเนียม และจารีตประเพณีอันดีงามทั้งของท้องถิ่นและของชาติ
… (มาตรา ๔๓)
Customary Law
- English...
(2) The State recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law. (Art. 18B) - Indonesian...
(2) Negara mengakui dan menghormati kesatuan-kesatuan masyarakat hukum adat beserta hakhak tradisionalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang. (Pasal 18B)
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
- English
The State recognizes traditional leadership [chefferie], guardian of habits [us] and customs [,] within the conditions established by the law. (Art. 151-1)
- French
L’Etat reconnait la chefferie traditionnelle gardienne des us et coutumes dans les conditions fixées par la loi. (Art. 151-1)
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)
Customary Law
- English…
4. The law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage. (Art. 119) - Portuguese…
4. A lei estabelece as formas de valorização do casamento tradicional e religioso, define os requisitos do seu registo e fixa os seus efeitos. (Art. 119)