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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(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
- EnglishEach rural, native, or indigenous autonomy shall draft its Statute according to its own norms and procedures, in conformity with the Constitution and the law. (Art. 292)
- SpanishCada autonomía indígena originario campesina elaborará su Estatuto, de acuerdo a sus normas y procedimientos propios, según la Constitución y la Ley. (Art. 292)
Customary Law
- English…
4. The State shall recognise and value the norms and customs of East Timor that are not contrary to the Constitution and to any legislation dealing specifically with customary law. (Sec. 2) - Tetum…
4. Estadu rekoñese no valoriza norma no lisan rai-Timór nian ne’ebé la’ós kontra Lei-Inan no mós lejizlasaun seluk tan ne’ebé ko’alia kona-ba direitu ne’ebé mai husi lisan no toman. (Art. 2) - Portuguese…
4. O Estado reconhece e valoriza as normas e os usos costumeiros de Timor-Leste que não contrariem a Constituição e a legislação que trate especialmente do direito costumeiro. (Art. 2)
Customary Law
- English1. In this Constitution, unless the context otherwise requires:
• "Chief" does not include the King but includes Principal Chief, and Headman and any other chief whose office is recognised by section 103(1) of this Constitution, and references to a Chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that Chief;
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• "customary law" means the customary law of Lesotho for the time being in force subject to any modification or other provision made in respect thereof by any Act of Parliament;
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• "law includes--
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ii. the customary law of Lesotho and any other unwritten rule of law, …
• "Principal Chief" means a chief whose office is among those set out in Schedule 2 to this Constitution;
… (Sec. 154)
Customary Law
- English
Principles and rights of the jurisdictional function are:
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8. The principle to not fail [dejar] to administrate justice for lacuna [vacío] or deficiency in the law.
In such case, the general principles of law and customary law must be applied.
... (Art. 139) - Spanish
Son principios y derechos de la función jurisdiccional:
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8. El principio de no dejar de administrar justicia por vacío o deficiencia de la ley.
En tal caso, deben aplicarse los principios generales del derecho y el derecho consuetudinario.
… (Art. 139)
Customary Law
- EnglishThe Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them. (Art. V, Sec. 3)
Customary Law
- English...
(5) There shall be a Council of Traditional Leaders to be established in terms of an Act of Parliament in order to advise the President on the control and utilization of communal land and on all such other matters as may be referred to it by the President for advice. (Art. 102)
Customary Law
- EnglishA Council of Chiefs composed of a traditional chief from each of the states shall advise the President on matters concerning traditional laws, customs and their relationship to this Constitution and the laws of Palau. No person shall be a member of the Council of Chiefs unless he has been appointed and accepted as a chief in a traditional manner, and is recognized as such by the traditional council of chiefs of his state. No chief shall serve in the Council of Chiefs while serving as a member of the Olbiil Era Kelulau or the cabinet. (Art. VIII, Sec. 6)
Customary Law
- English(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from –
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(b) a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law. (Sec. 247)
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)