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If they resolve nonetheless in order described above, the ordinary court will dismiss the case.
Title II sub-divides in four chapters on civil and political rights; financial, social and cultural rights; group rights; and duties of residents. It opens by declaring that each one human beings are equal in dignity and rights, but that political rights are confined to Congolese citizens exclusively . Article 15 states that public authorities should make sure the elimination of sexual violence used as weapon for the destabilization or the dislocation of the household. In other phrases, customary laws derive their authority from a respectable law-making organ and exist independently of the individuals whose conduct they regulate. The 18th February 2006 Congolese Constitution is the elemental natural regulation of the DRC.
Rather, it refers to a basic normative system enacted by legitimate law-making organs (i.e., patriarchs, household councils, clan councils, and traditional or tribal chiefs). That normative system is ‘customary’, not because it results from traditional customs, but as a end result of it finds expression in or through them. Article 15 is bolstered by article 14, which is an innovation within the DRC as it formalizes the proper to equality between ladies and men. Article sixteen proclaims that the human person is sacred and that the state should respect and shield it. This characteristic of customary legal guidelines implies that, in contrast to state legal guidelines, ethnographic research, versus the usual (i.e., doctrinal) legal analysis methodologies, are needed to determine the content of a given customary rule.