SEARCH DATABASE
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.
ABOUT 13212 RESULTS
Customary Law
Kenya
- English…
(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
… (Art. 2) - Swahili…
(4) Sheria yoyote, pamoja na sheria ya kijadi, ambayo inapingana na Katiba hii ni batili kwa kiwango cha kupingana, na kitendo chochote au uondoaji unaovunja Katiba hii ni batili.
… (Kifungu cha 2)
Customary Law
Ghana
- English…
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
…
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)
Customary Law
Thailand
- 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
South Sudan
- English1. The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.
2. Traditional Authority shall function in accordance with this Constitution, the state constitutions and the law.
3. The courts shall apply customary law subject to this Constitution and the law. (Art. 167)
Customary Law
Tonga
- EnglishNo person may succeed to any tofi'a or any title until he has attained the age of twenty one years, save for members of the Royal Family who shall be deemed to have attained maturity at eighteen years of age. (Clause 27)
- Tongan‘E ‘ikai ha taha ‘e ngofua ke hoko ko e ‘ea ki ha tofi‘a pe ha hingoa kae ‘oua kuo kakato hono uofulu mā taha ta‘u, tuku kehe ‘a kinautolu ‘i he fāmili ‘o e Tu‘i ‘a ia kuo pau ke lau kuo nau a‘u ki he ta‘u fakalao ‘i he ta‘u ‘e hongofulu-mā-valu. (Kupu 27)
Customary Law
Eswatini
- English…
(10) 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 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.
… (Sec. 60)
Customary Law
Nigeria
- English…
61. The formation, annulment and dissolution of marriages other than marriages under Islamic law and Customary law including matrimonial causes relating thereto.
… (Second Schedule – Legislative Powers, Part I – Exclusive Legislative List)
Customary Law
Dominica
- English(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that 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 sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subject 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) of this section shall not apply to any law far as that law makes provision-
…
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
… (Sec. 13)
Customary Law
Palau
- EnglishA Council of Chiefs composed of a traditional chief from each of the states shall advise the President on matters concerning traditional laws, customs and their relationship to this Constitution and the laws of Palau. No person shall be a member of the Council of Chiefs unless he has been appointed and accepted as a chief in a traditional manner, and is recognized as such by the traditional council of chiefs of his state. No chief shall serve in the Council of Chiefs while serving as a member of the Olbiil Era Kelulau or the cabinet. (Art. VIII, Sec. 6)
Customary Law
Zambia
- 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)