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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
- English1. The State shall recognise and esteem traditional authority that is legitimate according to the people and to customary law.
2. The State shall define the relationship between traditional authority and other institutions and the part that traditional authority should play in the economic, social and cultural affairs of the country, in accordance with the law. (Art. 118) - Portuguese1. O Estado reconhece e valoriza a autoridade tradicional legitimada pelas populações e segundo o direito consuetudinário.
2. O Estado define o relacionamento da autoridade tradicional com as demais instituições e enquadra a sua participação na vida económica, social e cultural do país, nos termos da lei. (Art. 118)
Customary Law
- English1. Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.
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3. In this Article, the expression “discriminatory” means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person 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. Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-
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c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 26)
Customary Law
- English1. The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs.
… (Art. 29) - French1) Le Conseil des Chefs Malvatumauri est composé des chefs coutumiers élus par leurs pairs au sein des conseils provinciaux des chefs.
… (Art. 29)
Customary Law
- English(1) An appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as of right in any civil proceedings before the customary Court of Appeal with respect to any question of Customary law and such other matters as may be prescribed by an Act of the National Assembly.
(2) Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be –
(a) exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter;
(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. (Sec. 245)
Customary Law
- EnglishMarriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law. (Seventh Schedule: List III – Concurrent List, Art. 5)
- Hindiविवाह और तलाक; शिशु और नाबालिग; गोद लेना; वसीयत, निर्वासीयतता और उत्तराधिकार; संयुक्त परिवार और विभाजन; सभी मामले जिनके संबंध में न्यायिक कार्यवाहियाँ इस संविधान के लागू होने से पहले उनके व्यक्तिगत कानून के अधीन थीं। (सातवीं अनुसूची: सूची III – समवर्ती सूची, अनुच्छेद 5)
Customary Law
- English(1) Subject to the provisions of this article -
(a) no law shall make any provision that is discriminatory either of itself or in its effect; and
(b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2) In this article the expression ‘discriminatory’ means affording different treatment to different persons attributable wholly or mainly to their or their parents’ or guardians’ respective descriptions by race, place of origin, political opinion, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture whereby persons of one such description are subjected to disabilities or restrictions to which other persons of the same or another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Paragraph (1)(a) shall not apply to any law so far as that law makes provision -
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(b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 149)
Customary Law
- EnglishWithout prejudice to the other provisions of this Constitution, the following matters are of the exclusive competence of the Provinces:
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28. the execution of customary law;
… (Art. 204) - FrenchSans préjudice des autres dispositions de la présente Constitution, les matières suivantes sont de la compétence exclusive des provinces :
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28. l’exécution du droit coutumier;
… (Art. 204)
Customary Law
- English
Principles and rights of the jurisdictional function are:
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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:
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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
- English(1) The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
(2) The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
(3) The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
(4) The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
(5) Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
… (Sec. 229)
Customary Law
- English…
6. The objects of local government shall be to:
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i. acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)