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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...
(2) The National Assembly shall not proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this Constitution or affect-
(a) the designation, recognition, removal of powers of Dikgosi or Dikgosana
(b) the organization, powers or administration of customary courts;
(c) customary law, or the ascertainment or recording of customary law; or
(d) tribal organization or tribal property,
unless-
(i) a copy of the Bill has been referred to the Ntlo ya Dikgosi after it has been introduced in the National Assembly; and
(ii) a period of 30 days has elapsed from the date when the copy of the Bill was referred to the Ntlo ya Dikgosi. (Sec. 88)
Customary Law
- English
The role of the 'Falekaupule', as the island traditional governing authority on each of the islands of Tuvalu, is hereby recognized. The 'Falekaupule' derives its authority from the island's culture, traditions and values and an Act of Parliament. (Sec. 140)
Customary Law
- English(1) Subject to the provisions of subsections (4), (5) and (7), 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 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—
…
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (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
- EnglishThe traditional authorities shall be the entities which personify and exercise power within the respective political and community organisations, in accordance with the values and norms of customary law and respecting the Constitution and the law. (Art. 224)
- PortugueseAs autoridades tradicionais são entidades que personificam e exercem o poder no seio da respectiva organização político-comunitária tradicional, de acordo com os valores e normas consuetudinários e no respeito pela Constituição e pela lei. (Art. 224)
Customary Law
- English...
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case —
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
(4) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful. (Sec. 12)
Customary Law
- English
Principles and rights of the jurisdictional function are:
...
8. The principle to not fail [dejar] to administrate justice for lacuna [vacío] or deficiency in the law.
In such case, the general principles of law and customary law must be applied.
... (Art. 139) - Spanish
Son principios y derechos de la función jurisdiccional:
…
8. El principio de no dejar de administrar justicia por vacío o deficiencia de la ley.
En tal caso, deben aplicarse los principios generales del derecho y el derecho consuetudinario.
… (Art. 139)
Customary Law
- EnglishCitizens belonging to ethnic communities shall have the right to foster their language, culture, and customs. (Art. 37)
- LithuanianPiliečiai, priklausantys tautinėms bendrijoms, turi teisę puoselėti savo kalbą, kultūrą ir papročius. (37 straipsnis)
Customary Law
- English
(1) Nothing in Article II10 shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.
(2) Without prejudice to the continued application of the customary law pursuant to Section 1 of Article XIII,11 and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.
(3) Nothing in this Constitution shall be construed so as to preclude its application to every place within the traditional boundaries of the archipelago of the Republic. (Art. X, Sec. 1)
Customary Law
- EnglishIn conformity with the Constitution and the laws, the indigenous territories will be governed by councils formed and regulated according to the usages and customs of their communities … (Art. 330)
- SpanishDe conformidad con la Constitución y las leyes, los territorios indígenas estarán gobernados por consejos conformados y reglamentados según los usos y costumbres de sus comunidades … (Art. 330)
Customary Law
- English(1) The judiciary of Zimbabwe consists of—
…
(f) persons presiding over magistrates courts, customary law courts and other courts established by or under an Act of Parliament.
… (Sec. 163)