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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.
Religious Law
- EnglishWE THE PEOPLE OF PAPUA NEW GUINEA-
…
- pledge ourselves to guard and pass on to those who come after us our noble traditions and the Christian principles that are ours now.
… (Preamble)
Religious Law
- English(1) For the purposes of this Subdivision,8 a law that complies with the requirements of this section is a law that is made and certified in accordance with Subsection (2), and that-
(a) regulates or restricts the exercise of a right or freedom referred to in this Subdivision to the extent that the regulation or restriction is necessary-
i. taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in-
A. defence; or
B. public safety; or
C. public order; or
D. public welfare; or
E. public health (including animal and plant health); or
F. the protection of children and persons under disability (whether legal or practical); or
G. the development of under-privileged or less advanced groups or areas; or
ii. in order to protect the exercise of the rights and freedoms of others; or
(b) makes reasonable provision for cases where the exercise of one such right may conflict with the exercise of another, to the extent that the law is reasonably justifiable in a democratic society having a proper respect for the rights and dignity of mankind.
(2) For the purposes of Subsection (1), a law must-
(a) be expressed to be a law that is made for that purpose; and
(b) specify the right or freedom that it regulates or restricts; and
(c) be made, and certified by the Speaker in his certificate under Section 110 (certification as to making of laws) to have been made, by an absolute majority.
(3) The burden of showing that a law is a law that complies with the requirements of Subsection (1) is on the party relying on its validity. (Sec. 38)
Religious Law
- English
…
2. Our right as the people of Tuvalu both present and future, to a full, free and secure life, and to moral, spiritual, personal and material welfare, is affirmed as one given to us by God.
…
6. Therefore, the life and the laws of Tuvalu should be based on respect for Christian principles, Tuvaluan values and culture, the Rule of Law and human dignity.
... (Principles of the Constitution)
Religious Law
- English…
(3) Religion and the State are separate, which means—
(a) the State and all persons holding public office must treat all religions equally;
(b) the State and all persons holding public office must not dictate any religious belief;
(c) the State and all persons holding public office must not prefer or advance, by any means, any particular religion, religious denomination, religious belief, or religious practice over another, or over any non-religious belief; and
(d) no person shall assert any religious belief as a legal reason to disregard this Constitution or any other law. (Sec. 4) - iTaukei…
(3) E sega ni okati vata na lotu kei na Matanitu, e kena ibalebale ya ni—
(a) na Matanitu kei ira na vakailesilesi ni valenivolavola ni lewenivanua e dodonu mera rokova na veimatalotu kece;
(b) na Matanitu kei ira na kena vakailesilesi ni valenivolavola ni lewenivanua mera kua ni vakatulewataka e dua na vakabauta vakalotu;
(c) na Matanitu kei ira na kena vakailesilesi ni valenivolavola ni lewenivanua mera kua ni totaka e dua na matalotu, isoqosoqo lotu, se mata vakabauta, oka tale ga kina na vakabauta sega ni yavutaki vakalotu; ka
(d) me kua ni dua na tamata me vakayagataka na nona vakabauta vakalotu me vakacala vakalawa na Yavunivakavulewa qo se dua tale na lawa tabaki. (Sec. 4)
Customary Law
- EnglishThe government shall take no action to prohibit or revoke the role or function of a traditional leader as recognized by custom and tradition which is not inconsistent with this Constitution, nor shall it prevent a traditional leader from being recognized, honored, or given formal or functional roles at any level of government. (Art. V, Sec. 1)
Customary Law
- English(1) All land in Samoa is customary land, freehold land or public land.
(2) Customary land means land held from Samoa in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage.
… (Art. 101) - Samoan(1) O eleele uma i Samoa o eleele tau le aganuu, eleele umia saoloto (fanua na faatauina mai), po o eleele tau le Malo.
(2) O eleele tau le aganuu o lona uiga o eleele e umia mai ia Samoa e talafeagai ai ma aganuu faa-Samoa ma lo latou faaaogaina ma e tusa ai ma le tulafono e uiga i aganuu faa-Samoa ma lo latou faaaogaina.
… (Mataupu 101)
Customary Law
- English… AND WHEREAS the people of Tuvalu desire to constitute themselves as an independent State based on Christian principles, the Rule of Law, and Tuvaluan custom and tradition; … (Preamble)
Customary Law
- EnglishThe rules of custom shall form the basis of ownership and use of land in the Republic of Vanuatu. (Art. 74)
- FrenchDans la République, les règles coutumières constituent le fondement des droits de propriété et d'usage des terres. (Art. 74)
Customary Law
- English(1) There shall be a Council of Iroij of the Republic of the Marshall Islands.
…
(3) If, in any district, a person or group of persons becomes recognized, pursuant to the customary law8 or to any traditional practice, as having rights and obligations analogous to those of Iroijlaplap, that person, or a member of that group nominated by the group, shall be deemed to be eligible to be a member of the Council of Iroij as though he were an Iroijlaplap.
…
(5) If, in the case of any district, there is for any reason no person eligible to be a member of the Council of Iroij in accordance with paragraphs (2) or (3) of this Section, the Council of Iroij shall as soon as practicable proceed, by resolution, to appoint as a member of the Council a person who, in the opinion of the Council, having regard to the customary law and any traditional practice, is qualified by reason of his family ties to a person who, but for that reason, would have been eligible to be a member of the Council from that district.
… (Art. III, Sec. 1)
Customary Law
- English(1) Notwithstanding anything to the contrary in any other provision of any law, any act that is done under a valid law but in the particular case-
(a) is harsh or oppressive; or
(b) is not warranted by, or is disproportionate to, the requirements of the particular circumstances or of the particular case; or
(c) is otherwise not, in the particular circumstances, reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind, is an unlawful act.
… (Sec. 41)