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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
(1) Subject to the provisions of subsections (5), (6) and (9) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
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(4) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex 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 (1) of this section shall not apply to any law so far as that law makes provision-
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(c) for the application, in the case of persons of any such description as is mentioned in the preceding subsection (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 that is the personal law applicable to persons of that description;
(d) for the application of customary law;
… (Sec. 15)8
Customary Law
- English
The law establishes the rules concerning:
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- the procedure according to which custom may be asserted and harmonized with the fundamental principles of the Constitution;
… (Art. 101) - French
La loi fixe les règles concernant :
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- la procédure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution;
… (Art. 101)
Customary Law
- English(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
(3) An Act of the Parliament may—
(a) provide for the proof and pleading of custom for any purpose; and
(b) regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and
(c) provide for the resolution of conflicts of custom. (Schedule 2.1)
Customary Law
- English1. In this Constitution, unless the context otherwise requires:
• "Chief" does not include the King but includes Principal Chief, and Headman and any other chief whose office is recognised by section 103(1) of this Constitution, and references to a Chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that Chief;
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• "customary law" means the customary law of Lesotho for the time being in force subject to any modification or other provision made in respect thereof by any Act of Parliament;
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• "law includes--
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ii. the customary law of Lesotho and any other unwritten rule of law, …
• "Principal Chief" means a chief whose office is among those set out in Schedule 2 to this Constitution;
… (Sec. 154)
Customary Law
- English(1) In this Constitution, unless it is otherwise provided or the context otherwise requires —
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“law” includes written law and any legislation of the United Kingdom or other enactment or instrument whatsoever which is in operation in Singapore and the common law in so far as it is in operation in Singapore and any custom or usage having the force of law in Singapore;
… (Art. 2)
Customary Law
- English…
(3) Customary Law shall continue to have effect as part of the law of the Republic of Vanuatu. (Art. 95) - French…
3) Les règles coutumières continuent à produire tous leurs effets au sein du système juridique de la République de Vanuatu. (Art. 95)
Customary Law
- English…
(2) The social and cultural objective of the State shall be to build a civilized and egalitarian society by eliminating all forms of discrimination, exploitation and injustice on the grounds of religion, culture, tradition, usage, custom, practice or on any other similar grounds,
… (Art. 50) - Nepali…
(२) धर्म, संस्कृति, संस्कार, प्रथा, परम्परा, प्रचलन वा अन्य कुनै पनि आधारमा हुने सबै प्रकारका विभेद, शोषण र अन्यायको अन्त्य गरी सभ्य र समतामूलक समाजको निर्माण गर्ने राज्यको सामाजिक र सांस्कृतिक उद्देश्य हुनेछ ।
... (धारा ५०)
Customary Law
- English...(2) Subject to the provisions of this Constitution, the principles of Eswatini customary law (Eswatini Law and Custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of Eswatini.(3) The provisions of subsection (2) do not apply in respect of any custom that is, and to the extent that it is, inconsistent with a provision of this Constitution or a statute, or repugnant to natural justice or morality or general principles of humanity.(4) Parliament may ...(a) provide for the proof and pleading of the rule of custom for any purpose;(b) regulate the manner in which or the purpose for which custom may be recognised, applied or enforced; and(c) provide for the resolution of conflicts of customs or conflicts of personal laws. (Sec. 252)
Customary Law
- English(1) The laws of Sierra Leone shall comprise—
a. this Constitution;
b. laws made by or under the authority of Parliament as established by this Constitution;
c. any orders, rules, regulations and other statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this Constitution or any other law;
d. the existing law; and
e. the common law.
(2) The common law of Sierra Leone shall comprise the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity, and the rules of customary law including those determined by the Superior Court of Judicature.
(3) For the purposes of this section the expression “customary law” means the rules of law which by custom are applicable to particular communities in Sierra Leone.
… (Sec. 170)
Customary Law
- English(1) The State and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.
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(3) The State and all institutions and agencies of government at every level must take measures to ensure due respect for the dignity of traditional institutions. (Sec. 16)