Countries: Peru
Variables: DV-PRACTICE-1, DTCP-LAW-1

"The Political Constitution recognizes indigenous jurisdiction (Article 149); but it has not developed the mechanism for coordination between the two justice systems. The Peruvian Judiciary approved between 2013 and 2015, three protocols for its action in cases in which members of indigenous communities or rondas campesinas (peasant rounds) participate, but they have been little widespread. The ruling of the Constitutional Court (Exp. 7009-2013-PHC / TC) recognizes that the state justice is competent to punish sexual violence against minors, because they violate fundamental rights. The Judiciary has a Registry of Interpreters of Indigenous or Native Languages; however, it covers 7 of the 33 judicial districts and only for 13 of the...more

Countries: Tajikistan
Variables: DTCP-LAW-1

"In accordance with article 17 of the Constitution of Tajikistan, men and women have equal rights" (p. 3).

Countries: India
Variables: DTCP-LAW-1

"However, according to NEN [The North East Network], people who experience gender-based violence in the state face the tyranny of customary laws. 'Customary laws are oral. Not all are written. They are passed from one generation to the next,' Pathak[NEN's Assam project coordinator] said. 'They have a body of patriarchs, mostly men, who decide on these cases. This really disadvantages women'" (para 22, 23).

Countries: Cuba
Variables: DTCP-PRACTICE-1, DTCP-LAW-1

"There is a record of progress in essential areas: the Comprehensive Strategy against gender-based and intrafamily violence, the transversal treatment of gender-based violence in regulatory bodies such as the Family Code, the Penal Code and the Criminal Enforcement Law, based on the updating of the National Program for the Advancement of Women. However, they are instruments that are not yet sufficiently grounded in the institutional and political dynamics of the country. The Program will have been approved two years ago and the Strategy for just over one. In turn, they are legal mechanisms that function without a legal instrument that governs and organizes them. Nor does it organize the institutional...more

Countries: Saudi Arabia
Variables: DTCP-LAW-1

"[H]e also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member (...)" (para 6). "The recent reforms mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. In other words, according to Saudi legal experts I...more

Countries: Botswana
Variables: DTCP-LAW-1

"Botswana courts do not accept values of the custom which are inconsistent with the values of or principles of natural justice and are unconscionable either of itself or in its effect. In this regard, customary law must be applied with the set of principles of morality, humanity or natural justice with the object of achieving justice and equality. Where a practice or custom is not ascertainable, the court is enjoined to determine it in accordance with the principles of justice, equity and good conscience" (6). "Botswana 'practices a dual legal system' which includes customary, Muslim, Hindu, and other legal systems" (9). "[T]he courts have always re-affirmed the view that the...more

Countries: Iran
Variables: DTCP-LAW-1

"But the ban on women going to football games was not inscribed in law and, having advertised her previous trips to games involving Persopolis or Iran on social media, she assumed she was safe from harm and incarceration" (para 3).

Countries: China
Variables: DTCP-LAW-1

"In different rural localities, cases involving land contract disputes were promptly accepted, mediated and arbitrated in accordance with the law, ensuring that women’s rights and interests were safeguarded" (26).

Countries: Angola
Variables: DTCP-LAW-1

"The constitution defines traditional authorities as ad hoc units of the state" (7). "Customary law prevailed over civil law, particularly in rural areas, and at times had a negative impact on a woman’s legal right to inherit property" (19).

Countries: Lebanon
Variables: DV-LAW-1, DTCP-LAW-1

"Even though parliament passed a law that protects women from family violence in 2014, and then amended it in 2020 to pave the way for today’s protection orders, there are still many ways abusers can get away with violence. There are 18 officially recognised religious sects in the country, and 15 of them have their own laws and courts. [Zoya] Rouhana [of NGO Kafa] said that, in some cases, 'the religious laws discriminate against women and put them into subordinate positions, asking the women to obey their husbands.' Religious courts cannot interfere with civil courts and protection orders, but they are in charge of issues like marriage, divorce, and custody....more

Countries: Bahamas
Variables: DTCP-LAW-1

"The law provides for the right to a fair and public trial [despite gender], and an independent judiciary generally enforced this right" (5).

Countries: Saudi Arabia
Variables: DTCP-LAW-1

"He also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member. " (Parag. 6) "The recent reforms [of 2022] mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. The government will no longer legally force...more

Countries: Saudi Arabia
Variables: DTCP-LAW-1

"He also removed some of the legal enforcements of the dreaded guardianship system, which consigned every Saudi woman to the near total control of a male family member. " (Parag. 6) "The recent reforms [of 2022] mean that if a woman has been born or married into a clan of freethinking men willing to let her do things, the state will not interfere. But for the many Saudi women who lack a benevolent male guardian, there is no remedy. If, for example, a woman’s husband or father doesn’t think she should get her driving license, she is still compelled to obey his dictate. The government will no longer legally force...more

Countries: Algeria
Variables: DTCP-LAW-1

"The law provides for sentences of six months to two years’ incarceration for men who withhold property or financial resources from their spouses" (28). "The Ministry of Religious Affairs required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies" (30).

Countries: Bolivia
Variables: DTCP-LAW-1

"[A]rticle 30.II.15 and article 32 of the Constitution grant campesino native indigenous nations and peoples, as well as Afro-Bolivian people, the right 'to be consulted through appropriate procedures, and in particular through their institutions, whenever legislative or administrative measures likely to affect them are planned. In this framework, the right to obligatory prior consultation by the State, in good faith and in a mutually agreed manner, regarding the exploitation of non-renewable natural resources in the territory that they inhabit shall be respected and guaranteed" (27). These two groups have special institutions that they can choose to use or use state systems to resolve legal matters (MV- coder comment).more