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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
- English(1) A person shall be qualified to be appointed under section 77(1)(b) as a Member of the Ntlo ya Dikgosi if he or she-
(a) is a citizen of Botswana; and
(b) has attained the age of 21 years.
...
(4) A Member of the Ntlo ya Dikgosi shall not, while he or she is such a Member, participate in party politics, but active participation in politics prior to being a Member of the Ntlo ya Dikgosi shall not bar any person from being such a Member. (Sec. 79)
Customary Law
- English(1) The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of fifteen and thirty-five years—
…
(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)
Customary Law
- English
The law establishes the rules concerning:
…
- the procedure according to which the habits and customs will be recognized [constatées] and harmonized with the fundamental principles of the Constitution;
… (Art. 101) - French
La loi fixe les règles concernant :
…
- la procédure selon laquelle les us et coutumes sont constatés et mis en harmonie avec les principes fondamentaux de la Constitution ;
… (Art. 101)
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-
…
(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 which is the personal law of persons of that description;
… (Sec. 16)
Customary Law
- English(1) Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
(2) The iNgwenyama may appoint any person to be chief over any area.
(3) The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
(4) The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
(5) Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
(6) A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
(7) A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
(8) The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
(9) In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory. (Sec. 233)
Customary Law
- English
The State pursues the policy of promoting unity and equality among all ethnic groups. All ethnic groups have the right to protect, preserve and promote the fine customs and cultures of their own and of the nation. All acts creating division and discrimination among ethnic groups are prohibited.
… (Art. 8) - Lao
ລັດ ປະຕິບັດນະໂຍບາຍສາມັກຄີ ແລະ ສະເໝີພາບ ລະຫວ່າງຊົນເຜົ່າຕ່າງໆ. ທຸກຊົນເຜົ່າລ້ວນແຕ່ມີສິດປົກປັກຮັກສາ, ເສີມຂະຫຍາຍຮີດຄອງປະເພນີ ແລະ ວັດທະນະທຳອັນດີງາມຂອງຕົນແລະ ຂອງຊາດ. ຫ້າມທຸກການກະທຳທີ່ເປັນການແບ່ງແຍກ ແລະ ການປະພຶດທີ່ເປັນການຈຳແນກ ລະຫວ່າງຊົນເຜົ່າ.
… (ມາດຕາ. 8)
Customary Law
- 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
- EnglishA person and a community shall have the right to:
1. conserve, revive or promote wisdom, arts, culture, tradition and good customs at both local and national levels;
… (Sec. 43) - Thaiบุคคลและชุมชนย่อมมีสิทธิ
(๑) อนุรักษ์ ฟื้นฟู หรือส่งเสริมภูมิปัญญา ศิลปะ วัฒนธรรม ขนบธรรมเนียม และจารีตประเพณีอันดีงามทั้งของท้องถิ่นและของชาติ
… (มาตรา ๔๓)
Customary Law
- English1. There shall be a College of Chiefs which, subject to the provisions of subsection (3), shall consist of the twenty-two Principal Chiefs.
… (Sec. 104)
Customary Law
- EnglishThe right of the indigenous peoples to preserve and to develop their ethnic identity in the respective habitat is recognized and guaranteed. They have the right, likewise, to freely apply their systems of political, social, economic, cultural, and religious organization, as well as the voluntarily subjection to their customary norms for the regulation of [their] internal coexistence [convivencia], as long as they do not infringe upon the fundamental rights established in this Constitution. Concerning conflicts of jurisdiction the indigenous customary right will be taken into account. (Art. 63)
- SpanishQueda reconocido y garantizado el derecho de los pueblos indígenas a preservar y a desarrollar su identidad étnica en el respectivo hábitat. Tienen derecho, asimismo, a aplicar libremente sus sistemas de organización política, social, económica, cultural y religiosa, al igual que la voluntaria sujeción a sus normas consuetudinarias para la regulación de la convivencia interior siempre que ellas no atenten contra los derechos fundamentales establecidos en esta Constitución. En los conflictos jurisdiccionales se tendrá en cuenta el derecho consuetudinario indígena. (Art. 63)