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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
Eswatini
- English...(2) Subject to the provisions of this Constitution, the principles of Eswatini customary law (Eswatini Law and Custom) are hereby recognised and adopted and shall be applied and enforced as part of the law of Eswatini.(3) The provisions of subsection (2) do not apply in respect of any custom that is, and to the extent that it is, inconsistent with a provision of this Constitution or a statute, or repugnant to natural justice or morality or general principles of humanity.(4) Parliament may ...(a) provide for the proof and pleading of the rule of custom for any purpose;(b) regulate the manner in which or the purpose for which custom may be recognised, applied or enforced; and(c) provide for the resolution of conflicts of customs or conflicts of personal laws. (Sec. 252)
Customary Law
Lesotho
- English1. In this Constitution, unless the context otherwise requires:
• "Chief" does not include the King but includes Principal Chief, and Headman and any other chief whose office is recognised by section 103(1) of this Constitution, and references to a Chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that Chief;
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• "customary law" means the customary law of Lesotho for the time being in force subject to any modification or other provision made in respect thereof by any Act of Parliament;
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• "law includes--
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ii. the customary law of Lesotho and any other unwritten rule of law, …
• "Principal Chief" means a chief whose office is among those set out in Schedule 2 to this Constitution;
… (Sec. 154)
Customary Law
Sierra Leone
- English(1) The laws of Sierra Leone shall comprise—
a. this Constitution;
b. laws made by or under the authority of Parliament as established by this Constitution;
c. any orders, rules, regulations and other statutory instruments made by any person or authority pursuant to a power conferred in that behalf by this Constitution or any other law;
d. the existing law; and
e. the common law.
(2) The common law of Sierra Leone shall comprise the rules of law generally known as the common law, the rules of law generally known as the doctrines of equity, and the rules of customary law including those determined by the Superior Court of Judicature.
(3) For the purposes of this section the expression “customary law” means the rules of law which by custom are applicable to particular communities in Sierra Leone.
… (Sec. 170)
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—
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(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)
Customary Law
Central African Republic
- English…
It recognizes and protects the traditional values in accordance with the law and the Customary Authorities.
… (Art. 24) - French…
Elle reconnaît et protège les valeurs traditionnelles conformes à la loi et les Autorités costumières.
… (Art. 24)
Customary Law
Zambia
- English1. Except as provided in this Article, no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, unless by or under the authority of an Act of Parliament which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right thereover—
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y. for the purpose of the administration or disposition of such property or interest or right by the President in implementation of a comprehensive land policy or of a policy designed to ensure that the statute law, the Common Law and the doctrines of equity relating to or affecting the interest in or rights over land, or any other interests or right enjoyed by Chiefs and persons claiming through and under them, shall apply with substantial uniformity throughout Zambia;
… (Art. 16)
Customary Law
Congo, Democratic Republic of the
- EnglishWithout prejudice to the other provisions of this Constitution, the following matters are of the concurrent competence of the Central Power and the Provinces:
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2. the civil and customary rights;
… (Art. 203) - FrenchSans préjudice des autres dispositions de la présente Constitution, les matières suivantes sont de la compétence concurrente du Pouvoir central et des provinces:
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2. les droits civils et coutumiers;
… (Art. 203)
Customary Law
Namibia
- English(1) Both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.
(2) Subject to the terms of this Constitution, any part of such common law or customary law may be repealed or modified by Act of Parliament, and the application thereof may be confined to particular parts of Namibia or to particular periods. (Art. 66)
Customary Law
Sudan
- EnglishAll ethnic and cultural groups shall have the right to enjoy their own culture and develop it freely. The members of such groups shall have the right to exercise their beliefs, use their languages, observe their religions or customs, and raise their children in the framework of such cultures and customs. (Art. 65)
- Arabicلكل المجموعات العرقية والثقافية الحق في أن تنعم بثقافتها الخاصة وتطورها بحرية، وللمنتميين لهذة المجموعات الحق في أن يمارسوا معتقداتهم ويستخدموا لغاتهم ويراعوا أديانهم واعرافهم وينشئوا اطفالهم في إطار تلك الثقافات والاعراف. (الماده 66)
Customary Law
Uganda
- English1. The judicial power of Uganda shall be exercised by the courts of judicature which shall consist of-
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d. such subordinate courts as Parliament may by law establish, including qadhis courts for marriage, divorce, inheritance of property and guardianship, as may be prescribed by Parliament.
… (Art. 129)