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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
Chad
- EnglishThe traditional and customary authorities are the guarantors of use and custom. (Art. 217)
- Arabicالسلطات العرفية والتقليدية هي ضامنة التقاليد والأعراف. (المادة 217)
- FrenchLes Autorités Traditionnelles et Coutumières sont les garants des us et coutumes. (Art. 217)
Customary Law
Ghana
- English…
(2) Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems.
… (Art. 125)
Customary Law
Congo, Democratic Republic of the
- English…
The civil and military Courts and Tribunals apply the duly ratified international treaties, the laws, [and] the regulatory acts, provided that they are in conformity with the laws as well as customary [law] unless the latter is contrary to the public order or to morality.
… (Art. 153) - French…
Les Cours et Tribunaux, civils et militaires, appliquent les traités internationaux dûment ratifiés, les lois, les actes réglementaires pour autant qu’ils soient conformes aux lois ainsi que la coutume pour autant que celle-ci ne soit pas contraire à l’ordre public ou aux bonnes mœurs.
… (Art. 153)
Customary Law
Sudan
- English…
(4) The state shall work to combat harmful customs and traditions that reduce the dignity and status of women.
… (Art. 48) - Arabic…
4. تعمل الدولة علي محاربة العاذات والتقاليد الضارة التي تقلل من كرامة المرأة ووضعيتها..
(الماده 49)
Customary Law
Sierra Leone
- English(1) The institution of Chieftaincy as established by customary law and usage and its non- abolition by legislation is hereby guaranteed and preserved.
(2) Without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of Paramount Chief as existing by customary law and usage immediately before the entry into force of this Constitution, shall have effect unless it is included in an Act of Parliament and the provisions of Section 108 shall apply in relation to the Bill for such an Act as they apply in relation to the Bill for an Act of Parliament that alters any of the provisions of this Constitution that are referred to in subsection (3) of that section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any Paramount Chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a Paramount Chief.
(4) A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed.
(5) Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with Chieftaincy. (Sec. 72)
Customary Law
Malawi
- English...
3. Parliament may make provision for traditional or local courts presided over by lay persons or chiefs:
Provided that the jurisdiction of such courts shall be limited exclusively to civil cases at customary law and such minor common law and statutory offences as prescribed by an Act of Parliament.
4. Appeals from subordinate courts shall lie to the High Court, unless provided in this Constitution or by an Act of Parliament. (Sec. 110)
Customary Law
Côte d’Ivoire
- English
…
The State promotes and protects the cultural patrimony as well as the habits and customs which are not contrary to public order and morality. (Art. 24) - French
…
L’Etat promeut et protège le patrimoine culturel ainsi que les us et coutumes qui ne sont pas contraires à l’ordre public et aux bonnes mœurs. (Art. 24)
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
Namibia
- English(1) ...
(f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof.
... (Art. 12)
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)