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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 4188 RESULTS
Customary Law
Zimbabwe
- English…
(2) The principles of good governance, which bind the State and all institutions and agencies of government at every level, include—
…
(h) the fostering of national unity, peace and stability, with due regard to diversity of languages, customary practices and traditions;
… (Sec. 3)
Customary Law
Nigeria
- English(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established. (Sec. 282)
Customary Law
South Sudan
- English…
2. The Supreme Court shall exercise competences as follows:
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b. be the court of final judicial instance in respect of any litigation or prosecution under National or state law, including statutory and customary law;
… (Art. 126)
Customary Law
Ghana
- EnglishThe National House of Chiefs shall—
(a) advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;
(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;
(c) undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;
(d) perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it. (Art. 272)
Customary Law
Gambia
- English…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
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(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.
(5) Subsection (2) shall not apply to any law in so far as that law makes provision—
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(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
… (Sec. 33)
Customary Law
Somalia
- English...
(4) The recognition of the fundamental rights set out in this Chapter11 does not deny the existence of any other rights that are recognized or conferred by Shari'ah, or by customary law or legislation to the extent that they are consistent with the Shari'ah and the Constitution. (Art. 40) - Somali…
(4) Xuquuqda asaasiga ah ee ku xusan Cutubkan kama hor-imaaan karaan xuquuqda kale ee Shareecada Islaamku jideysey iyo xeer-dhaqameedka la jaanqaadi kara Shareecada iyo Dastuurka. (Qodobka 40aad.)
Customary Law
Botswana
- English...
(2) The National Assembly shall not proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this Constitution or affect-
(a) the designation, recognition, removal of powers of Dikgosi or Dikgosana
(b) the organization, powers or administration of customary courts;
(c) customary law, or the ascertainment or recording of customary law; or
(d) tribal organization or tribal property,
unless-
(i) a copy of the Bill has been referred to the Ntlo ya Dikgosi after it has been introduced in the National Assembly; and
(ii) a period of 30 days has elapsed from the date when the copy of the Bill was referred to the Ntlo ya Dikgosi. (Sec. 88)
Customary Law
Congo, Democratic Republic of the
- EnglishThe 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) - FrenchL’autorité coutumière est reconnue.
Elle est dévolue conformément à la coutume locale, pour autant que celle-ci ne soit pas contraire à la Constitution, à la loi, à l’ordre public et aux bonnes moeurs.
Tout Chef coutumier désireux d’exercer un mandat public électif doit se soumettre à l’élection, sauf application des dispositions de l’article 197 alinéa 3 de la présente Constitution.
L’autorité coutumière a le devoir de promouvoir l’unité et la cohésion nationales.
Une loi fixe le statut des chefs coutumiers. (Art. 207)