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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
- 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)
Customary Law
- English...
(4) The recognition of the fundamental rights set out in this Chapter11 does not deny the existence of any other rights that are recognized or conferred by Shari'ah, or by customary law or legislation to the extent that they are consistent with the Shari'ah and the Constitution. (Art. 40) - Somali…
(4) Xuquuqda asaasiga ah ee ku xusan Cutubkan kama hor-imaaan karaan xuquuqda kale ee Shareecada Islaamku jideysey iyo xeer-dhaqameedka la jaanqaadi kara Shareecada iyo Dastuurka. (Qodobka 40aad.)
Customary Law
- EnglishThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)
Customary Law
- English…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
…
(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status 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.
(5) Subsection (2) shall not apply to any law in so far as that law makes provision—
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(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
… (Sec. 33)
Customary Law
- 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
- 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
- English1. The state shall recognise the status, role and functions of the institutions of the traditional authorities founded in accordance with customary law which do not contradict the Constitution.
2. Recognition of the institutions of the traditional authorities shall oblige public and private entities to respect, in their relations with these institutions, the values and norms of customary law that are observed within traditional political and community organisations and do not conflict with the Constitution or the dignity of the human person. (Art. 223) - Portuguese1. O Estado reconhece o estatuto, o papel e as funções das instituições do poder tradicional constituídas de acordo com o direito consuetudinário e que não contrariam a Constituição.
2. O reconhecimento das instituições do poder tradicional obriga as entidades públicas e privadas a respeitarem, nas suas relações com aquelas instituições, os valores e normas consuetudinários observados no seio das organizações político-comunitárias tradicionais e que não sejam conflituantes com a Constituição nem com a dignidade da pessoa humana. (Art. 223)
Customary Law
- English1. This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
… (Art. 1)
Customary Law
- English
The freedom of belief, of non-belief, of conscience, of religious opinion, [of] philosophy, of exercise of belief, the freedom of assembly, the free practice of custom as well as the freedom of procession and of demonstration, are guaranteed by this Constitution, under reserve of respect for the law, for public order, for good morals and for the human person. (Art. 7)
- French
La liberté de croyance, de non croyance, de conscience, d’opinion religieuse, philosophique, d’exercice de culte, la liberté de réunion, la pratique de la coutume ainsi que la liberté de cortège et de manifestation sont garanties par la présente Constitution, sous réserve du respect de la loi, de l’ordre public, des bonnes mœurs et de la personne humaine. (Art. 7)