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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
- EnglishThe citizens of the Kyrgyz Republic shall have the right to establish the courts of aksakaly [elders]. The competences, the procedures of establishment and the activity of the courts of aksakaly [elders] shall be defined by the law. (Art. 59)
- RussianВ Кыргызской Республике граждане вправе учреждать суды аксакалов. Порядок учреждения судов аксакалов, их полномочия и деятельность определяются законом. (Статья 59)
- KyrgyzКыргыз Республикасында жарандар аксакалдар сотторун уюштурууга укуктуу. Аксакалдар сотторун уюштуруу тартиби, алардын ыйгарым укуктары жана иштеши мыйзам менен аныкталат. (59-берене)
Customary Law
- English
(1) In exercising his powers under the foregoing provisions of this Chapter11 in respect of appointments to the offices of Justices of the Supreme court and Justices of the Court of Appeal, the President shall have regard to the need to ensure that there are among the holders of such offices persons learned in Islamic personal law and persons learned in Customary law.
(2) For the purposes of subsection (1) of this section –
...
(b) a person shall be deemed to be learned in Customary law if he is a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years in the case of a Justice of the Supreme Court or not less than twelve years in the case of a Justice of the Court of Appeal and has in either case and in the opinion of the National Judicial Council considerable knowledge of and experience in the practice of Customary law. (Sec. 288)
Customary Law
- EnglishWe the people of Kiribati, acknowledging God as the Almighty Father in whom we put trust, and with faith in the enduring value of our tradition and heritage, do now grant ourselves this Constitution establishing a sovereign democratic State. In implementing this Constitution, we declare that –
…
4. we shall continue to cherish and uphold the customs and traditions of Kiribati. (Preamble)
Customary Law
- English(1) The Traditional Rights Court shall be a court of record; shall consist of panels of 3 or more judges selected so as to include a fair representation of all classes of land rights,9 including, where applicable, the Iroijiaplap, Iroijedrik, Alap and Dri Jerbal; and shall sit at such times and places and be chosen on such a geographical basis, as to ensure fair and knowledgeable exercise of the jurisdiction conferred by this Section.
(2) The size, membership and procedures of the Traditional Rights Court shall be consistent with paragraph (1) of this Section, and shall be determined by the High Court unless and until the Nitijela makes provision for those matters by Act.
(3) The jurisdiction of the Traditional Rights Court shall be limited to the determination of questions relating to titles or to land rights or to other legal interests depending wholly or partly on customary law and traditional practice in the Republic of the Marshall Islands.
(4) The jurisdiction of the Traditional Rights Court may be invoked as of right upon application by a party to a pending judicial proceeding; but only if the court in which such proceeding is pending certifies that a substantial question has arisen within the jurisdiction of the Traditional Rights Court.
(5) When a question has been certified to the Traditional Rights Court for its determination under paragraph (4), its resolution of the question shall be given substantial weight in the certifying court’s disposition of the legal controversy before it; but shall not be deemed binding unless the certifying court concludes that justice so requires. (Art. VI, Sec. 4)
Customary Law
- English
The traditional chieftaincy is represented by the National Chamber of Traditional Kings and Chiefs. The National Chamber of Traditional Kings and Chiefs is the Institution regrouping all the traditional Kings and Chiefs of Côte d'Ivoire.
It is notably responsible for:
- the valorization of habits and customs;
- the promotion of the ideals of peace, of development and of social cohesion;
- the non-jurisdictional settlement of conflicts within villages and between communities.
The traditional chieftaincy participates, within the conditions determined by a law, in the administration of the territory. (Art. 175) - French
La chefferie traditionnelle est représentée par la Chambre nationale des Rois et Chefs traditionnels. La Chambre nationale des Rois et Chefs traditionnels est l’Institution regroupant tous les Rois et Chefs traditionnels de Côte d’Ivoire.
Elle est chargée notamment:
- de la valorisation des us et coutumes ;
- de la promotion des idéaux de paix, de développement et de cohésion sociale ;
- du règlement non juridictionnel des conflits dans les villages et entre les communautés.
La chefferie traditionnelle participe, dans les conditions déterminées par une loi, à l’administration du territoire. (Art. 175)
Customary Law
- English…
(4) Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.
… (Art. 15) - Somali…
(4) Gudniinka gabdhaha waa caado naxariis-darro iyo xaqiraad u dhiganta jirdil. Gudniinka gabdhaha waa reeban yahay.
… (Qodobka 15aad.)
Customary Law
- 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 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) 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 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 that is the personal law of persons of that description;
… (Sec. 13)
Customary Law
- English…
(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)
Customary Law
- English
…
- Indigenous law and customary law, subject to Chapter 129 of the Constitution
… (Schedule 4, Functional Areas of Concurrent National and Provincial Legislative Competence, Part A)
Customary Law
- English(1) Parliament shall make provision for the application of laws, including customary laws.
(2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)