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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.
ABOUT 167 RESULTS
Customary Law
Zambia
- English1. Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
…
3. In this Article the expression “discriminatory” means affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, 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. Clause (1) shall not apply to any law so far as that law makes provision-
…
c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
d. for the application in the case of members of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
… (Art. 23)
Customary Law
Cameroon
- English…
(2) The Republic of Cameroon shall be a decentralized unitary State. It shall be one and indivisible, secular, democratic and dedicated to social service. It shall recognize and protect traditional values that conform to democratic principles, human rights and the law.
… (Art. 1) - French…
(2) La République du Cameroun est un Etat unitaire décentralisé. Elle est une et indivisible, laïque, démocratique et sociale. Elle reconnaît et protège les valeurs traditionnelles conformes aux principes démocratiques, aux droits de l’homme et à la loi. Elle assure l’égalité de tous les citoyens devant la loi.
… (Art. 1)
Customary Law
Zimbabwe
- EnglishThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)
Customary Law
Congo, Democratic Republic of the
- 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
Ethiopia
- English…
4. The State shall enforce the right of women to eliminate the influences of harmful customs. Laws, customs and practices that oppress or cause bodily or mental harm to women are prohibited.
… (Art. 35) - Amharic…
4. ሴቶች ከጐጂ ባሕል ተጽዕኖ የመላቀቅ መብታቸውን መንግሥት ማስከበር አለበት፡፡ ሴቶችን የሚጨቁኑ ወይም በአካላቸው ወይም በአዕምሮአቸው ላይ ጉዳት የሚያስከትሉ ሕጐች፣ ወጐችና ልማዶች የተከለከሉ ናቸው፡፡
… (አንቀጽ 35)
Customary Law
Ghana
- English(1) The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.
(2) Parliament shall have no power to enact any law which—
(a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever; or
(b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.
(3) Nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for—
(a) the determination, in accordance with the appropriate customary law and usage, by a traditional council, a Regional House of Chiefs or the National House of Chiefs or a Chieftaincy Committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief;
(b) a traditional council or a Regional House of Chiefs or the National House of Chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs in Ghana. (Art. 270)
Customary Law
Kenya
- English...
(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45) - Swahili...
(4) Bunge litatunga sheria inayotambua-
(a) ndoa zilizofungwa chini ya utamaduni wowote, au mfumo wa sheria za kidini, za binafsi au za familia; na
(b) mfumo wowote wa sheria binafsi au familia chini ya utamaduni wowote, au inazingatiwa na watu ambao ni waumini wa dini fulani,
kwa kiwango kwamba ndoa yoyote ya namna hiyo au mifumo ya sheria haipingani na Katiba hii. (Kifungu cha 45)
Customary Law
Malawi
- EnglishExcept in so far as they are inconsistent with this Constitution, all Acts of Parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this Constitution:
Provided that any laws currently in force may be amended or repealed by an Act of Parliament or be declared unconstitutional by a competent court. (Sec. 200)
Customary Law
Nigeria
- English…
61. The formation, annulment and dissolution of marriages other than marriages under Islamic law and Customary law including matrimonial causes relating thereto.
… (Second Schedule – Legislative Powers, Part I – Exclusive Legislative List)
Customary Law
South Sudan
- English…
4. All levels of government shall:
...
b. enact laws to combat harmful customs and traditions which undermine the dignity and status of women;
… (Art. 16)