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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
Botswana
- English(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.
(2) Every person who is charged with a criminal offence-
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(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution;
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(8) No person shall be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law:
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(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
(b) subsection (2)(d) or (2)(e) of this section to the extent that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under customary law (being proceedings against any person who, under that law, is subject to that law);
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(e) subsection (8) of this section to the extent that the law in question authorizes a court to convict a person of a criminal offence under any customary law to which, by virtue of that law, such person is subject.
... (Sec. 10)
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
Saint Lucia
- English(1) Subject to the provisions of subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
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(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) 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) (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 which is the personal law of persons of that description;
… (Sec. 13)
Customary Law
Chad
- EnglishThe customary and traditional remedies [réparations] may not be made an obstacle to public action. (Art. 163)
- Arabicلا يجوز أن تعيق التدابير التصحيحية العرفية والتقليدية العمل العام. (المادة 163)
- FrenchLes réparations coutumières et traditionnelles ne peuvent faire obstacle à l'action publique. (Art. 163)
Customary Law
Zimbabwe
- EnglishAn Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions—
(a) to develop and enforce integrity and ethical conduct on the part of traditional leaders;
(b) to resolve disputes between traditional leaders;
(c) to deal with complaints against traditional leaders. (Sec. 287)
Customary Law
Eswatini
- English...
(8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and Custom. (Sec. 151)
Customary Law
Kyrgyzstan
- English1. In the Kyrgyz Republic, folk customs and traditions which do not infringe upon human rights and freedoms shall be supported by the State.
… (Art. 37) - Russian1. В Кыргызской Республике народные обычаи и традиции, не ущемляющие права и свободы человека, поддерживаются государством.
… (Статья 37) - Kyrgyz1. Кыргыз Республикасында адамдын укугу менен эркиндигин кемсинтпеген элдик үрп-адаттар, каада-салттар мамлекет тарабынан колдоого алынат.
… (37-берене)
Customary Law
Gambia
- English…
(3) Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter10 and any Act of the National Assembly providing for such elections to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident. (Sec. 39)
Customary Law
Malaysia
- English…
(5) Notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof. (Art. 161) - Malay…
(5) Walau apa pun apa-apa jua dalam Perkara 152, di dalam Negeri Sabah dan Sarawak sesuatu bahasa ibunda yang pada masa ini digunakan di Negeri itu boleh digunakan di dalam mahkamah anak negeri atau bagi apa-apa kanun undang-undang dan adat anak negeri, dan dalam hal Sarawak, sehingga diperuntukkan selainnya melalui enakmen Badan Perundangan, bahasa ibunda itu boleh digunakan oleh ahli apabila berucap di dalam Dewan Undangan atau mana-mana jawatankuasanya. (Perkara 161)
Customary Law
Ghana
- English(1) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. (Art. 26)