Customary Law and Women’s Rights in Solomon Islands

AUTHOR(S)
Jennifer Corrin Care
Culture

There is some guidance in the constitution as to the relative weight to be given to its provisions and to customary law generally. Section 2 declares the constitution to be the supreme law. More particularly, schedule 3 states that customary law will not apply if it is inconsistent with the constitution. On the other hand, the anti-discrimination section in Chapter II provides a number of exceptions to the right of protection, including those relating directly and indirectly to customary law. Further, inconsistency is often a matter of opinion. As in other countries, doubtful cases must be decided by the courts, taking into account the context not only of the constitution but also of Solomon Islands generally.

Research Type(s)
Journal Article
Submitted by Toksave
March 21, 2021
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