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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 traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV2, protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action. (Art. V, Sec. 2)
Customary Law
- English(1) In this Constitution, unless it is otherwise provided or the context otherwise requires:
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"Law" means any law for the time being in force in Samoa; and includes this Constitution, any Act of Parliament and any proclamation, regulation, order, by-law or other act of authority made thereunder, the English common law and equity for the time being in so far as they are not excluded by any other law in force in Samoa, and any custom or usage which has acquired the force of law in Samoa or any part thereof under the provisions of any Act or under a judgement of a Court of competent jurisdiction:
… (Art. 111) - Samoan(1) I lenei Faavae, vagana ai ua ese ona aiaia po o le ese ai le aano e manaomia:
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“Tulafono” o lona uiga o so o se tulafono ua faamamaluina mo lenei vaitaimi i Samoa; ma e aofia ai lenei Faavae, so o se Tulafono a le Palemene ma so o se faaaliga faasalalau, tulafono faatonutonu, poloaiga, tulafono-iti po o se tasi tulafono o le pulega faavae ua faia ai i ina, tulafono tau le aganuu a Egelani ma le faamasinoga tonu tau le loto fuatiaifo o lo o faaaogaina mo lenei taimi i se tulaga e oo atu i ai pe afai e le o tuuesea e se tasi lava tulafono o lo o faamamaluina i Samoa, ma so o se tu ma aganuu ua i ai le malosi faapei o le tulafono i totonu o Samoa, po o se tasi o ona vaega i lalo o aiaiga o so o se tasi o Tulafono po o lalo o se faaiuga a se Faamasinoga tau le puleaga tomai;
… (Mataupu 111)
Customary Law
- English
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(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case —
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
(4) Nothing in this section affects the operation of any other law under which an act may be held to be unlawful. (Sec. 12)
Customary Law
- English
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(2) Under this Constitution every person has the following fundamental duties and responsibilities to themselves, their dependents, and others –
(a) to respect society, communities, islands, leaders, and cultural practices and norms; to know their duties and roles in society despite different religious beliefs and practices,
...
(c) in the case of parents, to care for and not neglect their children, and to teach children to uphold their duties, Tuvaluan ways of life, and Christian principles;
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(f) in the case of religious leaders, to respect Island Community customs and traditions, ...
(g) In the case of leaders, to respect Island Community customs and traditions;
... (Sec. 43)
Customary Law
- EnglishStatutes and traditional law shall be equally authoritative. In case of conflict between a statute and a traditional law, the statute shall prevail only to the extent it is not in conflict with the underlying principles of the traditional law. (Art. V, Sec. 2)
Customary Law
- English(1) Notwithstanding anything contained in the Solomon Islands Independence Order 1978(a) Solomon Islands shall be divided into Honiara city and provinces.
(2) Parliament shall by law -
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(b) make provision for the government of Honiara city and the provinces and consider the role of traditional chiefs in the provinces. (Sec. 114)
Customary Law
- English1. The Malvatumauri Council of Chiefs has a general competence to discuss all matters relating relating to land, custom and tradition and may make recommendations for the preservation and promotion of ni-Vanuatu culture and languages.
2. The Council must be consulted on any question, particularly any question relating to land, tradition and custom, in connection with any bill before Parliament. (Art. 30) - French1) Le Conseil des Chefs Malvatumauri est compétent dans tous les domaines relatifs à la terre, coutume et à la tradition. Il peut faire des recommandations concernant la protection et la promotion de la culture et des langues vanuatuanes.
2) Le Conseil doit être consulté, sur toute question se rapportant à un projet de législation du Parlement, et en particulier celles relatives à la terre, tradition et à la coutume. (Art. 30)
Customary Law
- English(1) There shall be a Council of Iroij of the Republic of the Marshall Islands.
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(3) If, in any district, a person or group of persons becomes recognized, pursuant to the customary law8 or to any traditional practice, as having rights and obligations analogous to those of Iroijlaplap, that person, or a member of that group nominated by the group, shall be deemed to be eligible to be a member of the Council of Iroij as though he were an Iroijlaplap.
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(5) If, in the case of any district, there is for any reason no person eligible to be a member of the Council of Iroij in accordance with paragraphs (2) or (3) of this Section, the Council of Iroij shall as soon as practicable proceed, by resolution, to appoint as a member of the Council a person who, in the opinion of the Council, having regard to the customary law and any traditional practice, is qualified by reason of his family ties to a person who, but for that reason, would have been eligible to be a member of the Council from that district.
… (Art. III, Sec. 1)
Customary Law
- English(1) Subject to Subsections (2) and (3), custom is adopted, and shall be applied and enforced, as part of the underlying law.
(2) Subsection (1) does not apply in respect of any custom that is, and to the extent that it is, inconsistent with a Constitutional Law or a statute, or repugnant to the general principles of humanity.
(3) An Act of the Parliament may—
(a) provide for the proof and pleading of custom for any purpose; and
(b) regulate the manner in which, or the purposes for which, custom may be recognized, applied or enforced; and
(c) provide for the resolution of conflicts of custom. (Schedule 2.1)
Customary Law
- EnglishNo person may succeed to any tofi'a or any title until he has attained the age of twenty one years, save for members of the Royal Family who shall be deemed to have attained maturity at eighteen years of age. (Clause 27)
- Tongan‘E ‘ikai ha taha ‘e ngofua ke hoko ko e ‘ea ki ha tofi‘a pe ha hingoa kae ‘oua kuo kakato hono uofulu mā taha ta‘u, tuku kehe ‘a kinautolu ‘i he fāmili ‘o e Tu‘i ‘a ia kuo pau ke lau kuo nau a‘u ki he ta‘u fakalao ‘i he ta‘u ‘e hongofulu-mā-valu. (Kupu 27)