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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.
ABOUT 4189 RESULTS
Customary Law
Ghana
- English(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)
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- English(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.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
Sierra Leone
- English(1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which 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 race, tribe, sex, 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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d. with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law;
e. for the application in the case of members of a particular race or tribe or customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
… (Sec. 27)
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
South Sudan
- English…
2. The Supreme Court shall exercise competences as follows:
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b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
… (Art. 126)
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
Malawi
- English...
2. Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
a. sexual abuse, harassment and violence;
b. discrimination in work, business and public affairs; and
c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Customary Law
Chad
- EnglishUntil their codification, the customary and traditional rules are only applicable in the communities where they are recognized.
However, the customs contrary to the public order or those that promote inequality between citizens are prohibited. (Art. 161) - Arabicلا تنطبق القواعد العرفية والتقليدية في المجتمعات المحلية حيث يُعترف بها إلا عند تدوينها.
لكن تحظر الأعراف المتنافية مع النظام العام أو التي تعزز عدم المساواة بين المواطنين. (المادة 161) - FrenchJusqu'à leur codification, les règles coutumières et traditionnelles ne s'appliquent que dans les communautés où elles sont reconnues.
Toutefois, les coutumes contraires à l'ordre public ou celles qui prônent l'inégalité entre les citoyens sont interdites. (Art. 161)
Customary Law
Zimbabwe
- English(1) The institution, status and role of traditional leaders under customary law are recognised.
(2) A traditional leader is responsible for performing the cultural, customary and traditional functions of a Chief, headperson or village head, as the case may be, for his or her community. (Sec. 280)
Customary Law
Liberia
- English1. This Constitution is the supreme and fundamental law of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout the Republic.
2. Any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of the inconsistency, be void and of no legal effect. … (Art. 2)