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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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Customary Law
Sudan
- English…
(4) The state shall work to combat harmful customs and traditions that reduce the dignity and status of women.
… (Art. 48) - Arabic…
4. تعمل الدولة علي محاربة العاذات والتقاليد الضارة التي تقلل من كرامة المرأة ووضعيتها..
(الماده 49)
Customary Law
Benin
- English
The State recognizes traditional leadership [chefferie], guardian of habits [us] and customs [,] within the conditions established by the law. (Art. 151-1)
- French
L’Etat reconnait la chefferie traditionnelle gardienne des us et coutumes dans les conditions fixées par la loi. (Art. 151-1)
Customary Law
Zimbabwe
- English(1) Traditional leaders must—
(a) act in accordance with this Constitution and the laws of Zimbabwe;
(b) observe the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by this Constitution; and
(c) treat all persons within their areas equally and fairly.
(2) Traditional leaders must not—
(a) be members of any political party or in any way participate in partisan politics;
(b) act in a partisan manner;
(c) further the interests of any political party or cause; or
(d) violate the fundamental rights and freedoms of any person. (Sec. 281)
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) - French…
Les Cours et Tribunaux, civils et militaires, appliquent les traités internationaux dûment ratifiés, les lois, les actes réglementaires pour autant qu’ils soient conformes aux lois ainsi que la coutume pour autant que celle-ci ne soit pas contraire à l’ordre public ou aux bonnes mœurs.
… (Art. 153)
Customary Law
South Africa
- English(1) The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
(2) A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
(3) The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. (Sec. 211)
Customary Law
Angola
- EnglishThe traditional authorities shall be the entities which personify and exercise power within the respective political and community organisations, in accordance with the values and norms of customary law and respecting the Constitution and the law. (Art. 224)
- PortugueseAs autoridades tradicionais são entidades que personificam e exercem o poder no seio da respectiva organização político-comunitária tradicional, de acordo com os valores e normas consuetudinários e no respeito pela Constituição e pela lei. (Art. 224)
Customary Law
Zambia
- English1. Except as provided in this Article, no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, unless by or under the authority of an Act of Parliament which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right thereover—
…
y. for the purpose of the administration or disposition of such property or interest or right by the President in implementation of a comprehensive land policy or of a policy designed to ensure that the statute law, the Common Law and the doctrines of equity relating to or affecting the interest in or rights over land, or any other interests or right enjoyed by Chiefs and persons claiming through and under them, shall apply with substantial uniformity throughout Zambia;
… (Art. 16)