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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 4191 RESULTS
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
Chad
- English…
The law establishes the rules concerning:
…
- the procedure according to which customs [coutumes] are declared and harmonized with the principles of the Constitution;
… (Art. 127) - Arabic...
ينص القانون على القواعد المتعلقة:
...
- بالإجراءات التي أعلنت بموجبها الأعراف وتم تنسيقها مع مبادئ الدستور؛
... (المادة 127) - French…
La loi fixe les règles concernant:
…
- la procédure selon laquelle les coutumes sont constatées et mises en harmonie avec les principes de la Constitution;
… (Art. 127)
Customary Law
Chad
- EnglishThe Traditional and Customary Authorities participate notably in:
- The valuing [valorisation] of use and customs;
- The promotion of the ideas of peace, of development and of social cohesion;
- The non-jurisdictional regulation of disputes [différends] within their territorial] resort. (Art. 218) - Arabicتشارك السلطات التقليدية والعرفية لا سيما في:
- تقييم التقاليد والأعراف؛
- الترويج لأفكار السلام والتنمية والتماسك الاجتماعي؛
- التنظيم غير القضائي للمنازعات داخل نطاقها الإقليمي. (المادة 218) - FrenchLes Autorités Traditionnelles et Coutumières participent notamment à:
- La valorisation des us et coutumes;
- La promotion des idéaux de paix, de développement et de cohésion sociale;
- Au règlement non juridictionnel des différends dans leur ressort territorial. (Art. 218)
Customary Law
Zimbabwe
- EnglishAn Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but—
(i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. (Sec. 283)
Customary Law
Kenya
- English...
(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion,
to the extent that any such marriages or systems of law are consistent with this Constitution. (Art. 45) - Swahili...
(4) Bunge litatunga sheria inayotambua-
(a) ndoa zilizofungwa chini ya utamaduni wowote, au mfumo wa sheria za kidini, za binafsi au za familia; na
(b) mfumo wowote wa sheria binafsi au familia chini ya utamaduni wowote, au inazingatiwa na watu ambao ni waumini wa dini fulani,
kwa kiwango kwamba ndoa yoyote ya namna hiyo au mifumo ya sheria haipingani na Katiba hii. (Kifungu cha 45)
Customary Law
South Sudan
- English1. Legislation of the states shall provide for the role of Traditional Authority as an institution at local government level on matters affecting local communities.
2. Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of councils for Traditional Authority leaders. (Art. 168)
Customary Law
Eswatini
- English(1) A bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the Senate.
(2) Where a bill, in terms of this section, is duly introduced the Senate shall not proceed to the Second Reading of that bill until
(a) a copy of that bill has been sent by the President to the Council of Chiefs, and
(b) a period of sixty days has elapsed since the copy was sent to the Council in terms of paragraph (a).
(3) Subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the Senate and has been sent to the House at least sixty days before the end of the session but has not within that period been passed by both Chambers, the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
(4) A bill having been duly introduced in and passed by the Senate shall not be referred to a joint sitting in terms of subsection (3) where the bill
(a) has been sent to the House at least sixty days before the end of the session, and
(b) has not been considered by the House within sixty days after the bill is so sent,
but shall, unless the Senate otherwise agrees, be presented to the King for assent.
(5) A bill shall not be presented to the King for assent in terms of subsection (4) unless the Senate so resolves by two-thirds majority of all the Senators.
(6) The provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect
(a) the status, powers or privileges, designation or recognition of the Ngwenyama, Ndlovukazi or Umntfwanenkhosi Lomkhulu;
(b) the designation, recognition, removal, powers, of chief or other traditional authority;
(c) the organisation, powers or administration of Swazi (customary) courts or chiefs’ courts;
(d) Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
(e) Swazi nation land; or
(f) Incwala, Umhlanga (Reed Dance), Libutfo (Regimental system) or similar cultural activity or organisation.
(7) Subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by Swazi law and custom. (Sec. 115)
Customary Law
Malawi
- English...
3. All men and women have the right to marry and found a family.
4. No person shall be forced to enter into marriage.
5. Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
… (Sec. 22)
Customary Law
Namibia
- English...
(5) There shall be a Council of Traditional Leaders to be established in terms of an Act of Parliament in order to advise the President on the control and utilization of communal land and on all such other matters as may be referred to it by the President for advice. (Art. 102)
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)