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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.
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Customary Law
Eswatini
- English(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)
Customary Law
Ghana
- English…
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
…
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)
Customary Law
Uganda
- English1. Subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies.
2. In any community, where the issue of traditional or cultural leader has not been resolved, the issue shall be resolved by the community concerned using a method prescribed by Parliament.
…
4. The allegiance and privileges accorded to a traditional leader or a cultural leader by virtue of that office shall not be regarded as a discriminatory practice prohibited under article 21 of this Constitution; but any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by this Constitution, shall be taken to be prohibited under that article.
5. For the avoidance of doubt, the institution of traditional leader or cultural leader existing immediately before the coming into force of this Constitution shall be taken to exist in accordance with the provisions of this Constitution.
6. For the purposes of this article, "traditional leader or cultural leader" means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader. (Art. 246)
Customary Law
Nepal
- English…
(2) No person shall be exploited in any manner on the grounds of religion, custom, tradition, usage, practice or on any other grounds.
… (Art. 29) - Nepali…
(२) धर्म, प्रथा, परम्परा, संस्कार, प्रचलन वा अन्य कुनै आधारमा कुनैपनि व्यक्तिलाई कुनै किसिमले शोषण गर्न पाइने छैन ।
... (धारा २९)
Customary Law
Palau
- 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
Kenya
- English(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—
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(f) elimination of gender discrimination in law, customs and practices related to land and property in land;
… (Art. 60) - Swahili(1) Ardhi nchini Kenya itashikiliwa, kutumiwa na kusimamiwa kwa njia ambayo ni yenye usawa, fanisi, yenye tija na endelevu, na kwa kufuata kanuni zifuatazo-
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(f) uondoaji wa ubaguzi wa kijinsia katika sheria, mila na desturi zinazohusiana na ardhi na mali katika ardhi;
… (Kifungu cha 60)
Customary Law
Zambia
- EnglishIn this Constitution, unless the context otherwise requires—
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• “chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;
... (Art. 266)
Customary Law
Samoa
- 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
Zimbabwe
- English…
(2) When interpreting an enactment, and when developing the common law and customary law, every court, tribunal, forum or body must promote and be guided by the spirit and objectives of this Chapter13. (Sec. 46)
Customary Law
Angola
- EnglishThe validity and legal force of custom which does not contradict the Constitution and does not threaten human dignity shall be recognised. (Art. 7)
- PortugueseÉ reconhecida a validade e a força jurídica do costume que não seja contrário à Constituição nem atente contra a dignidade da pessoa humana. (Art. 7)