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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
Niger
- EnglishThe State recognizes the traditional leadership [chefferie] as the depositary of customary authority. As such, it participates in the administration of the territory of the Republic in the conditions determined by the law.
The traditional leadership is held to a strict obligation of neutrality and reserve. It is protected against any abuse of power tending to divert it from the role conferred on it by the law. (Art. 167) - FrenchL’Etat reconnaît la chefferie traditionnelle comme dépositaire de l’autorité coutumière. A ce titre, elle participe à l’administration du territoire de la République dans les conditions déterminées par la loi.
La chefferie traditionnelle est tenue à une stricte obligation de neutralité et de réserve. Elle est protégée contre tout abus de pouvoir tendant à la détourner du rôle que lui confère la loi. (Art. 167)
Customary Law
Uganda
- English…
5. Without prejudice to article 32 of this Constitution, women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom. (Art. 33)
Customary Law
Liberia
- English...
b. The Legislature shall enact laws to govern the devolution of estates and establish rights of inheritance and descent for spouses of both statutory and customary marriages so as to give adequate protection to surviving spouses and children of such marriages. (Art. 23)
Customary Law
Liberia
- EnglishThe Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as the legislature may from time to time establish. The courts shall apply both statutory and customary laws in accordance with the standards enacted by the Legislature. … (Art. 65)
Customary Law
Ghana
- 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
Ethiopia
- English1. Government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions Constitution.
… (Art. 91) - Amharic1. መንግሥት መሰረታዊ መብቶችንና ሰብዓዊ ክብርን፣ ዴሞክራሲንና ሕገ መንግሥቱን የማይቃረኑ ባሕሎችና ልማዶች በእኩልነት እንዲጐለብቱና እንዲያድጉ የመርዳት ኃላፊነት አለበት፡፡
… (አንቀጽ 91)
Customary Law
Zimbabwe
- 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—
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(e) are protected from harmful cultural practices, exploitation and all forms of abuse.
… (Sec. 20)
Customary Law
Angola
- EnglishThe validity and legal force of custom which does not contradict the Constitution and does not threaten human dignity shall be recognised. (Art. 7)
- PortugueseÉ reconhecida a validade e a força jurídica do costume que não seja contrário à Constituição nem atente contra a dignidade da pessoa humana. (Art. 7)
Customary Law
Gambia
- English…
(4) where a compulsory acquisition of land by or on behalf of the Government involves the displacement of any inhabitant who occupy the land under customary law, the Government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well-being and social and cultural values.
… (Sec. 22)
Customary Law
South Africa
- English(1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
(2) Religious observances may be conducted at state or state-aided institutions, provided that-
(a) those observances follow rules made by the appropriate public authorities;
(b) they are conducted on an equitable basis; and
(c) attendance at them is free and voluntary.
(3) (a) This section does not prevent legislation recognising-
(i) marriages concluded under any tradition, or a system of religious, personal or family law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
(b) Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution. (Sec. 15)