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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.
ABOUT 13180 RESULTS
Customary Law
South Sudan
- English…
6. The objects of local government shall be to:
…
i. acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)
Customary Law
Ghana
- English…
(3) A Regional House of Chiefs shall—
(a) perform such functions as may be conferred upon it by or under an Act of Parliament;
(b) advise any person or authority charged under this Constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region;
(c) hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief;
(d) have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queenmother to a paramount stool or skin;
(e) undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region;
(f) undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region.
… (Art. 274)
Customary Law
Papua New Guinea
- English(1) Subject to this Part, an emergency law may make provision for the peace, order and good government of the country to the extent reasonably required for achieving its purpose.
(2) Notwithstanding the provisions of Sections 12 and 13 but subject to Subsections (3) and (4), an emergency law may alter, wholly or partly, and absolutely or subject to conditions, any provision of Division III.3 (basic rights), any Organic Law made for the purposes of any such provision or any other law (other than a Constitutional Law) to the extent reasonably necessary to deal with the emergency concerned, and with 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.
(3) An emergency law-
(a) may not alter-
i. Section 35 (right to life); or
ii. Section 36 (freedom from inhuman treatment); or
iii. Section 45 (freedom of conscience, thought and religion); or
iv. Section 50 (right to vote and stand for public office); or
v. Section 55 (equality of citizens); or
vi. Section 56 (other rights and privileges of citizens, and
(b) may provide for internment only in accordance with Division 5 (internment); and
(c) may alter Section 37 (protection of the law) or Section 42 (liberty of the person) only to the extent allowed by Paragraph (b).
(4) In addition, an Emergency Regulation may not alter-
(a) Section 46 (freedom of expression); or
(b) Section 47 (freedom of assembly and association); or
(c) Section 49 (right to privacy); or
(d) Section 51 (right to freedom of information), and may not provide for a sentence of imprisonment for a period exceeding nine months.
(5) In the case of an inconsistency between a valid emergency law and any other law, the law made later prevails. (Sec. 233)
Customary Law
Eswatini
- English(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)
Customary Law
Namibia
- 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
Botswana
- English(1) A person shall be qualified to be appointed under section 77(1)(b) as a Member of the Ntlo ya Dikgosi if he or she-
(a) is a citizen of Botswana; and
(b) has attained the age of 21 years.
...
(4) A Member of the Ntlo ya Dikgosi shall not, while he or she is such a Member, participate in party politics, but active participation in politics prior to being a Member of the Ntlo ya Dikgosi shall not bar any person from being such a Member. (Sec. 79)
Customary Law
India
- EnglishNotwithstanding anything in this Constitution,—
(a) no Act of Parliament in respect of
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure.
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv) ownership and transfer of land,
shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply to any Central Act inforce in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
… (Art. 371G) - Hindiइस संविधान में किसी बात के होते हुए भी,—
(क) निम्नलिखित के संबंध में संसद का कोई अधिनियम
(i) मिज़ो लोगों की धार्मिक या सामाजिक प्रथाएँ,
(ii) मिज़ो रूढ़िजन्य विधि और प्रक्रिया।
(iii) सिविल और दांडिक न्याय प्रशासन, जहां विनिश्चय मिज़ो रूढ़िजन्य विधि के अनुसार होने हैं,
(iv) भूमि का स्वामित्व और अंतरण,
मिजोरम राज्य को तब तक लागू नहीं होगा जब तक मिजोरम की विधान सभा संकल्प द्वारा ऐसा विनिश्चय नहीं करती है:
परंतु इस खंड की कोई बात, संविधान (तिरपनवाँ संशोधन) अधिनियम, 1986 के प्रारंभ से ठीक पहले मिजोरम संघ राज्यक्षेत्र में प्रवृत्त किसी केंद्रीय अधिनियम को लागू नहीं होगी;
… (अनुच्छेद 371छ)
Customary Law
Gambia
- English…
(3) Every citizen of The Gambia being of the age of eighteen years or older and of sound mind shall be entitled, in accordance with the provisions of this Chapter10 and any Act of the National Assembly providing for such elections to vote in elections for local government authorities and traditional rulers in the area in which he or she is ordinarily resident. (Sec. 39)
Customary Law
Zimbabwe
- English(1) The State and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.
...
(3) The State and all institutions and agencies of government at every level must take measures to ensure due respect for the dignity of traditional institutions. (Sec. 16)
Customary Law
Vanuatu
- 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)