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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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About 13155 results

Protection from Violence

Congo, Democratic Republic of the, English


The abandonment and maltreatment of children, notably pedophilia, sexual abuse as well as the accusation of witchcraft, are prohibited and punishable by law.
The parents have the duty to take care of their children and to assure them of their protection against any act of violence both inside and outside their home.
The public powers have the obligation to assure protection to children in a difficult situation and to bring, to justice, the authors and their accomplices of acts of violence concerning children.
All others forms of exploitation of minors are punished by the law. (Art. 41)

Sexual Orientation and Gender Identity

Congo, Democratic Republic of the, English

Each individual has the right to marry with the person of their choice, of the opposite sex, and to establish a family.
… (Art. 40)

Customary Law

Congo, Democratic Republic of the, English

Without prejudice to the other provisions of this Constitution, the following matters are of the exclusive competence of the Provinces:

28. the execution of customary law;
… (Art. 204)

Women’s Rights

Congo, Democratic Republic of the, English

The public powers see to the elimination of any form of discrimination concerning women and assure the protection and the promotion of their rights.
They take, in all the domains, notably in the civil, political, economic, social and cultural domains, all the measures appropriate to assure the total realization and full participation of women in the development of the Nation.
They take measures to struggle against all forms of violence made against women in public and in private life.
Women have the right to an equitable representation within the national, provincial and local institutions. The State guarantees the implementation of man-woman parity in these said institutions.
The law establishes the modalities of application of these rights. (Art. 14)

Religious Law

Congo, Democratic Republic of the, English

The Democratic Republic of the Congo is, within its frontiers of 30 June 1960, a State of Law, independent, sovereign, united and indivisible, social, democratic and secular.
… (Art. 1)

Customary Law

Congo, Democratic Republic of the, English

The customary authority is recognized.
It is devolved conforming to local custom, provided that it is not contrary to the Constitution, to the law, to public order and to good morals.
Each customary chief [who] desires to exercise a public elective mandate must submit himself to election, except in application of the provisions of Article 197, paragraph 3 of this Constitution.
The customary authority has the duty to promote national unity and cohesion.
A law establishes the status of the customary chiefs. (Art. 207)

Customary Law

Congo, Democratic Republic of the, English


The civil and military Courts and Tribunals apply the duly ratified international treaties, the laws, [and] the regulatory acts, provided that they are in conformity with the laws as well as customary [law] unless the latter is contrary to the public order or to morality.
… (Art. 153)

Customary Law

Congo, Democratic Republic of the, English


The State guarantees the right to individual or collective property, acquired in conformity to the law or to custom.
… (Art. 34)

Customary Law

Congo, Democratic Republic of the, English

Without prejudice to the other provisions of this Constitution, the following matters are of the concurrent competence of the Central Power and the Provinces:

2. the civil and customary rights;
… (Art. 203)

Limitations and/or Derogations

Congo, Democratic Republic of the, English

In no case, even when the state of siege or the state of urgency has been proclaimed in accordance with Articles 85 and 86 of this Constitution, can there be derogation of the rights and fundamental principles enumerated as follows:
1. the right to life;
2. the prohibition of torture and of cruel, inhuman or degrading punishments or treatment;
3. the prohibition of slavery and of servitude;
4. the principle of the legality of infractions and of penalties;
5. the right to [a] defense and the right to recourse;
6. the prohibition of imprisonment for debts;
7. the freedom of thought, of conscience and of religion. (Art. 61)