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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.
Customary Law
- EnglishEthnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)
Customary Law
- English
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- RECOGNIZING the customary and traditional leadership [chefferie] as [a] moral authority[,] depository of the customs and of the traditions in our society;
… (Preamble) - French
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RECONNAISSANT la chefferie coutumière et traditionnelle en tant qu’autorité morale dépositaire des coutumes et des traditions dans notre société;
… (Préambule)
Customary Law
- 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
- English(1) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. (Art. 26)
Customary Law
- EnglishWithout prejudice to the other provisions of this Constitution, the following matters are of the exclusive competence of the Provinces:
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28. the execution of customary law;
… (Art. 204) - FrenchSans préjudice des autres dispositions de la présente Constitution, les matières suivantes sont de la compétence exclusive des provinces :
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28. l’exécution du droit coutumier;
… (Art. 204)
Customary Law
- English1. The State shall recognise and esteem traditional authority that is legitimate according to the people and to customary law.
2. The State shall define the relationship between traditional authority and other institutions and the part that traditional authority should play in the economic, social and cultural affairs of the country, in accordance with the law. (Art. 118) - Portuguese1. O Estado reconhece e valoriza a autoridade tradicional legitimada pelas populações e segundo o direito consuetudinário.
2. O Estado define o relacionamento da autoridade tradicional com as demais instituições e enquadra a sua participação na vida económica, social e cultural do país, nos termos da lei. (Art. 118)
Customary Law
- English(1) The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
(2) The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
(3) The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
(4) The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
(5) Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
… (Sec. 229)
Customary Law
- EnglishAn Act of Parliament may provide for the establishment, composition and jurisdiction of—
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(b) customary law courts whose jurisdiction consists primarily in the application of customary law;
… (Sec. 174)
Customary Law
- English(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—
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(f) elimination of gender discrimination in law, customs and practices related to land and property in land;
… (Art. 60) - Swahili(1) Ardhi nchini Kenya itashikiliwa, kutumiwa na kusimamiwa kwa njia ambayo ni yenye usawa, fanisi, yenye tija na endelevu, na kwa kufuata kanuni zifuatazo-
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(f) uondoaji wa ubaguzi wa kijinsia katika sheria, mila na desturi zinazohusiana na ardhi na mali katika ardhi;
… (Kifungu cha 60)
Customary Law
- EnglishThe National House of Chiefs shall—
(a) advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;
(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;
(c) undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;
(d) perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it. (Art. 272)