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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
- English
Subject to the provisions of this Constitution, customs may be taken into account in all courts under this Part. (Art. 71)
- Samoan
I le noatia ma le fai fuafua i aiaiga o lenei Faavae, o aganuu e mafai ona amanaia i faamasinoga uma i lalo o lenei Vaega. (Mataupu 71)
Customary Law
- English
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WHEREAS the Leaders of Samoa have declared that Samoa should be an Independent State based on Christian principles and Samoan custom and tradition;
… (Preamble) - Samoan
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ONA ua faaalia e Taitai o Samoa le tatau ona avea Samoa ma Malo Tutoatasi e faavaeina i luga o talitonuga faa-Kerisiano ma tu ma aganuu a Samoa;
… (Uputomua)
Customary Law
- English
1. Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms:-
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(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only –
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(b) in acceptance of Tuvaluan values and culture, and with respect for them.
… (Sec. 11)
Customary Law
- EnglishCourt decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)
Customary Law
- EnglishNothing in this Part invalidates an emergency law as defined in Part X (emergency powers), but nevertheless so far as is consistent with their purposes and terms all such laws shall be interpreted and applied so as not to affect or derogate a right or freedom referred to in this Division to an extent that is more than is reasonably necessary to deal with the emergency concerned and matters arising out of it, but only so far as is reasonably justifiable in a democratic society having a proper regard for the rights and dignity of mankind. (Sec. 40)
Customary Law
- English1. The Malvatumauri Council of Chiefs shall be composed of custom chiefs elected by their peers sitting in District Councils of Chiefs.
… (Art. 29) - French1) Le Conseil des Chefs Malvatumauri est composé des chefs coutumiers élus par leurs pairs au sein des conseils provinciaux des chefs.
… (Art. 29)
Customary Law
- EnglishAll land in the Republic of Vanuatu belongs to the indigenous custom owners and their descendants. (Art. 73)
- FrenchToutes les terres situées dans le territoire de la République appartiennent aux propriétaires coutumiers indigènes et à leur descendance. (Art. 73)
Customary Law
- English(1) Parliament shall make provision for the application of laws, including customary laws.
(2) In making provision under this section, Parliament shall have particular regard to the customs, values and aspirations of the people of Solomon Islands. (Sec. 75)
Customary Law
- English…
(3) Customary Law shall continue to have effect as part of the law of the Republic of Vanuatu. (Art. 95) - French…
3) Les règles coutumières continuent à produire tous leurs effets au sein du système juridique de la République de Vanuatu. (Art. 95)
Customary Law
- English(1) In the exercise of its legislative functions, it shall be the responsibility of the Nitijela, whenever and to the extent considered appropriate, to declare, by Act, the customary law in the Republic of the Marshall Islands or in any part thereof. The customary law so declared may include any provisions which, in the opinion of the Nitijela, are necessary or desirable to supplement the established rules of customary law or to take account of any traditional practice.
(2) This Section shall not be construed to authorize the making of any law that would defeat an otherwise valid claim under Article II.
(3) The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, makes provision for any declaration pursuant to paragraph (1) of this Section unless a joint committee of the Council of Iroij and the Nitijela has been afforded a reasonable opportunity to make a report on the matters dealt within that Bill or amendment, and any such report has been published. (Art. X, Sec. 2)