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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
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
- EnglishThe customary authority is recognized.
It is devolved conforming to local custom, provided that it is not contrary to the Constitution, to the law, to public order and to good morals.
Each customary chief [who] desires to exercise a public elective mandate must submit himself to election, except in application of the provisions of Article 197, paragraph 3 of this Constitution.
The customary authority has the duty to promote national unity and cohesion.
A law establishes the status of the customary chiefs. (Art. 207) - FrenchL’autorité coutumière est reconnue.
Elle est dévolue conformément à la coutume locale, pour autant que celle-ci ne soit pas contraire à la Constitution, à la loi, à l’ordre public et aux bonnes moeurs.
Tout Chef coutumier désireux d’exercer un mandat public électif doit se soumettre à l’élection, sauf application des dispositions de l’article 197 alinéa 3 de la présente Constitution.
L’autorité coutumière a le devoir de promouvoir l’unité et la cohésion nationales.
Une loi fixe le statut des chefs coutumiers. (Art. 207)
Customary Law
Benin
- English
The State recognizes traditional leadership [chefferie], guardian of habits [us] and customs [,] within the conditions established by the law. (Art. 151-1)
- French
L’Etat reconnait la chefferie traditionnelle gardienne des us et coutumes dans les conditions fixées par la loi. (Art. 151-1)
Customary Law
Ethiopia
- English…
4. In accordance with provisions to be specified by law, a law giving recognition to marriage concluded under systems of religious or customary laws may be enacted.
5. This Constitution shall not preclude the adjudication of disputes relating to personal and family laws in accordance with religious or customary laws, with the consent of the parties to the dispute. Particulars shall be determined by law. (Art. 34) - Amharic…
4. በሕግ በተለይ በሚዘረዘረው መሰረት በሃይማኖት፣ በባሕል የሕግ ሥርዓቶች ላይ ተመስርትው ለሚፈጸሙ ጋብቻዎች እውቅና የሚሰጥ ሕግ ሊወጣ ይችላል፡፡
5. ይህ ሕገ መንግሥት የግል እና የቤተሰብ ሕግን በተመለከተ በተከራካሪዎች ፈቃድ በሃይማኖቶች ወይም በባሕሎች ሕጐች መሰረት መዳኘትን አይከለክልም፡፡ ዝርዝሩ በሕግ ይወሰናል፡፡ (አንቀጽ 34)
Customary Law
Nigeria
- English(1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of –
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned in Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly. (Sec. 237)
Customary Law
Gambia
- English…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
…
(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status 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.
(5) Subsection (2) shall not apply to any law in 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 in the case of persons who, under that law, are subject to that law.
… (Sec. 33)
Customary Law
South Africa
- English...
(2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.
(3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. (Sec. 39)
Customary Law
Mozambique
- English…
4. The law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage. (Art. 119) - Portuguese…
4. A lei estabelece as formas de valorização do casamento tradicional e religioso, define os requisitos do seu registo e fixa os seus efeitos. (Art. 119)
Customary Law
Eswatini
- English…
(3) A woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed. (Sec. 28)