| BARBADOS Barbados Barbados Joined United Nations: 9 December 1966 Human Rights as assured by their constitution Updated 06 October 2012 |
CHAPTER II
CITIZENSHIP
Persons who become citizens on 30th November 1966
2. 1. Every person who, having been born in Barbados, is on 29th November 1966 a citizen of the United Kingdom and
Colonies shall become a citizen of Barbados on 30th November 1966.
2. Every person who, having been born outside Barbados, is on 29th November 1966 a citizen of the United Kingdom and
Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the
provisions of subsection (1), become a citizen of Barbados on 30th November 1966.
3. Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies -
a. having become such a citizen under the British Nationality Act 1948(a) by virtue of his having been naturalized in Barbados
as a British subject before that Act came into force; or
b. having become such a citizen by virtue of his having been naturalized or registered in Barbados under that Act.
shall become a citizen of Barbados on 30th November 1966.
Person entitled to be registered as citizens
3. 1. Any woman who on 29th November 1966 is or has been married to a person -
a. who becomes a citizen of Barbados by virtue of section 2; or
b. who, having died before 30th November 1966, would but for his death have become a citizen of Barbados by virtue of that
section.
shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of
allegiance, to be registered as a citizen of Barbados.
2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -
a. has been ordinarily resident in Barbados continuously for a period of seven years or more at any time before 30th November
1966; and
b. has not, since such period of residence in Barbados and before that date, been ordinarily resident outside Barbados
continuously for a period of seven years or more.
shall be entitled, upon making application, to be registered as a citizen of Barbados:
Provided that the right to be registered a s a citizen of Barbados under this subsection shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national security or public policy.
3. Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of
Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected
person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados:
Provided that the right to be registered as a citizen of Barbados under this subsection shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national security or public policy.
4. Any application for registration under this section shall be made in such manner as may be prescribed as respects that
application:
Provided that such an application may not be made by a person who has not attained the age of twenty one years and is not a
woman who is or has been married but shall be made on behalf of that person by a parent or guardian of that person.
Persons born in Barbados after 29th November 1966
4. Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:
Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth -
a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state
accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or
b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
Persons born outside Barbados after 29th November 1966.
5. A person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at
that date his father is a citizen of Barbados otherwise than by virtue of this section or section 2(2).
Marriage to citizen of Barbados
6. Any woman who, after 29th November 1966, marries a person who is or becomes a citizen of Barbados shall be entitled,
upon making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking
the oath of allegiance, to be registered as a citizen of Barbados.
Renunciation of citizenship
7. Any citizen of Barbados who has attained the age of twenty-one years and who -
a. is also a citizen or national of any other country; or
b. intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of Barbados by a
declaration made and registered in such manner as may be prescribed:
Provided that -
a. in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of
renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and
shall be deemed to have remained, a citizen of Barbados notwithstanding the making and registration of his declaration of
renunciation; and
b. the right of any person to renounce his citizenship of Barbados during any period when Barbados is engaged in any war shall
be subject to such exceptions or qualifications as any be prescribed in the interests of national security or public policy.
Commonwealth citizens
8. 1. Every person who under this Constitution or any Act of Parliament is a citizen of Barbados or under any enactment for the
time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have
the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British nationality act 1948, continues to be a British
subject under section 2 of that Act or is a British subject under the British Nationality Act 1965(a) shall, by virtue of that status,
have the status of a Commonwealth citizen.
3. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and
colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone,
Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana,
Botswana, Lesotho and southern Rhodesia.
Powers of Parliament
9. Parliament may make provision -
a. for the acquisition of citizenship`p of Barbados by persons who do not become citizens of Barbados by virtue of the
provisions of this Chapter; or
b. for depriving of his citizenship of Barbados any person who is a citizen of Barbados otherwise than by virtue of subsection
(1) or (2) of section 2 or section 4 o section 5.
Interpretation
10. 1. In this chapter -
"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act
1948;
"prescribed" means prescribed by or under any Act of Parliament.
2. Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a
person legitimized before 30th November 1966, be construed as a reference to the mother of that person.
3. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or
aircraft of the government of any country, shall be deemed to have been born in the palace in which the ship or aircraft was
registered or, as the case may be, in that country.
4. any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation
to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the
father's death; and where that death occurred before 30th November 1966 and the birth occurred after 29th November 1966
the national status that the father would have had if he had died on 30th November 1966 shall be deemed to be his national
status at the time of his death.
CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
11. Whereas every person in Barbados is entitled to the fundamental rights and freedoms of the individual, that is to say, the
right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and
freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty and security of the person;
b. protection for the privacy of his home and other property and from deprivation of property without compensation;
c. the protection of the law; and
d. freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms
subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the
enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public
interest.
Protection of right to life
12. 1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal
offense under the law of Barbados of which he has been convicted.
2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the
use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable -
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. in order lawfully to prevent the commission by that person of a criminal offense,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
13. 1. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is
to say -
a. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether
established for Barbados or some other country, in respect of a criminal offense of which he has been convicted;
b. in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament
punishing him for contempt of any such court or of another court or tribunal;
c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
d. for the purpose of bringing him before a court in execution of the order of a court;
e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;
f. in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his
parent or guardian, for the purpose of his education or welfare;
g. for the purpose of preventing the spread of an infectious or contagious disease;
h. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant,
for the purpose of his care or treatment or the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into Barbados, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Barbados or for the purpose of restricting that person while he is being
conveyed through Barbados in the course of his extradition or removal as a convicted prisoner form one country to another; or
j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area
within Barbados or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the
taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has
been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to
make to any part of Barbados in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he
understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without
delay a legal adviser of his own choice, being a person entitled to practice in Barbados as a barrister or solicitor, and to hold
private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be
afforded a reasonable opportunity for communication with his parent or guardian.
3. Any person who is arrested or detained -
a. for the purpose of bringing him before a court in execution of the order of a court; or
b. upon reasonable suspicion of his having committed or being about to commit a criminal offense.
and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or
detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a
reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released
either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to
ensure that he appears at a later date for trial or for proceedings preliminary to trial.
4. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that
other person.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the
foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public
emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period
of public emergency.
6. Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention,
be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;
b. not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating
that he has been detained and giving particulars of the provision of law under which his detention is authorized;
c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no
subsequent request shall be made before the expiration of three months from the making of the previous request;
d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by
an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from
among persons entitled to practice in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a
person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral
representations or both to the tribunal appointed for the review of his case.
7. On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make
recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered,
but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such
recommendations.
8. When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister
authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty
days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid
and the number of cases in which the authority that ordered the detention has not acted in accordance with the
recommendations of a tribunal appointed in pursuance of subsection (6):
Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period
during which Parliament stands prorogued or dissolved.
Protection from slavery and forced labour
14. 1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression "forced labour" does not include -
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or
order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the palace at which he is detained;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to
perform in place of such service; or
d. any labour required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or
other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is
reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity,
for the purpose of dealing with that situation.
Protection from inhuman treatment
15. 1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question authorizes the infliction of any punishment or the administration of any treatment
that was lawful in Barbados immediately before 30th November 1966.
Protection from deprivation of property
16. 1. 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, except by or under the authority of a written law and where provision applying to
that acquisition or taking of possession is made by a written law -
a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and
b. giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination
of his interest in or right over the property and the amount of compensation, to the High Court.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section -
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -
i. in satisfaction of any tax, duty, rate, cess or other impost;
ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the
health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions; or
vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of
land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o
work relating to agricultural development or improvement; or
b. to the extent that the law in question makes provision for the taking of possession or acquisition of -
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for
the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii. property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the
benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled
to the beneficial interest in the property; or
iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument
creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of
any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable
restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees
or others having rights in or over such property.
4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any
property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property,
interest or right is held by a body corporate established directly by law for public purposes in which no monies have been
invested other than monies provided by parliament or by any Legislature established for the former Colony of Barbados.
Protection against arbitrary search or entry
17. 1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by
others on his premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision that is reasonably required -
a. in the interests of defence, public safety, public order, public morality, public health, town or country planning the
development or utilization of mineral resources, or the development or utilization of any other property in such manner as to
promote the public benefit;
b. for the purposes of protecting the rights or freedoms of other persons;
c. for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body
corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those
premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work
connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body
corporate, as the case may be;
d. for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing
the judgment or order of a court in any proceedings; or
e. for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.
Provisions to secure protection of law
18. 1. If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial court established by law.
2. Every person who is charged with a criminal offense -
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the
offense charged;
c. shall be given adequate time and facilities for the preparation of his defence;
d. shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before
the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the
trial of the charge.
and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the
proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.
3. When a person is tried for any criminal offense, the accursed person or any person authorized by him in that behalf shall, if he
so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after
judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took
place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or
nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.
5. No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted
shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of
appeal proceedings relating to the conviction or acquittal.
6. No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.
7. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
8. Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation
shall be established by law and shall be independent and impartial; and where proceedings for such a determination are
instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.
9. Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of
the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the
court or other tribunal, shall be held in public.
10. Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than
the parties thereto and their legal representatives to such extent as the court or other tribunal -
a. may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would
prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of
persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
b. may by law be empowered or required so to do in the interests of defence, public safety or public order.
11. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of -
a. subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden
of proving particular facts;
b: subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify
on behalf of an accused person are to be aid their expenses out of public funds; or
c. subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal
offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment, take into
account any punishment awarded him under that disciplinary law.
12. Nothing contained in subsection (2)(d) shall be construed as entitling a person to legal representation at public expense.
Protection of freedom of conscience
19. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the
purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and
freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or
belief in worship, teaching, practice and observance.
2. Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage
any place of education which it wholly maintains.
3. No religious community shall be prevented from providing religious instruction for persons of that community in the course of
any education provided by that community whether or not that community is in receipt of any government subsidy, grant or
other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
4. Except with his own consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his
guardian), no person attending any place of education shall be enquired to receive religious instruction or to take part in or
attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his
own.
5. No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner
which is contrary to his religion or belief.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision -
a. which is reasonably required -
i. in the interests of defence, public safety, public order, public morality or public health; or
ii. for he purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion
without the unsolicited of members of any other religion; or
b. with respect to standards or qualifications to be required in relation to places of education including any instruction (not being
religious instruction) given at such places.
7. References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
Protection of freedom of expression
20. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the
purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas
and information without interference, freedom to communicate ideas and information without interferences and freedom from
interference with his correspondence or other means of communication.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision -
a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private
lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the
authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts,
wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
c. that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of assembly and association
21. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association,
that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties
or to form or belong to trade unions or other associations for the protection of his interests.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision -
a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
c. that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of movement
22. 1. No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Barbados,
the right to reside in any part of Barbados, the right to enter Barbados, the right to leave Barbados and immunity from expulsion
from Barbados.
2. Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent
with or in contravention of this section.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this
section to the extent that the law in question makes provision -
a. for the imposition of restrictions on the movement or residence within Barbados of any person or on any person s right to
leave Barbados that are reasonably required in the interests of defence, public safety or public order;
b. for the imposition of restrictions on the movement or residence within Barbados or on the right to leave Barbados of persons
generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public
morality or public health;
c. for the imposition of restrictions on the movement or residence within Barbados of any person who is not a citizen thereof or
the exclusion or expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;
e. for the imposition of restrictions, on the movement or residence within Barbados of any person who is not a citizen thereof or
the exclusion or expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;
e. for the imposition of restrictions, by order of a court, on the movement or residence within Barbados of any person or on any
person's right to leave Barbados either in consequence of this having been found guilty of a criminal offense under the law of
Barbados or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offense or for
preceedings preliminary to trial or for preceding relating to his extradition or lawful removal from Barbados;
f. for the imposition of restrictions upon the movement or residence within Barbados or on the right to leave Barbados of public
officers or members of a disciplined force;
g. for the removal of persons from Barbados -
i. to be tried or punished in some other country for a criminal offense under the law of that country;
ii. to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under
the law of Barbados of which he has been convicted;
iii. to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in
pursuance of a law of Barbados relating to the treatment of offenders under a specified age; or
iv. to be detained for care or treatment in a hospital or other institution in pursuance of a law of Barbados relating yo persons
suffering from defect or disease of the mind; or
h. for the imposition of restrictions on the right of any person to leave Barbados that are reasonably required in order to secure
the fulfillment of any obligations imposed on that person by law.
4. Where a person's freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3)(a), the
following provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more than five days after the Commencement of the
restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction
has been imposed;
b. not more than fourteen days after the commencement of the restriction, a notification shall be published in the Gazette stating
that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is
authorized;
c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no
subsequent request shall be made before the expiration of three months from the making of the previous request;
d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by
an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from
among persons entitled to practice in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a
person entitled to practice as aforesaid, and he and any such legal adviser shall be parted to make written or oral
representations or both to the tribunal appointed for the review of his case.
5. On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been
restricted the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the
authority by whom it was ordered, but, unless it is otherwise provided by law, that authority by whom it was ordered, but,
unless, it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Protection from discrimination on ground of race, etc.
23. 1. Subject to the provisions of this section
a. no law shall make any provision that is discriminatory either of itself or in its effect; and
b. no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance
of the functions of any public office or any public authority.
2. In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such
description are subjected to disabilities or restrictions to which person of another such description are not made subject or are
accorded privileges or advantages which are not afforded to persons of another such description.
3. Subsection (1)(a) shall not apply to any law so far as that law makes provision -
a. with respect to persons who are not citizens of Barbados;
b. with respect to adoption, marriage, divorce .....dissolutions of property on death or other matters of personal law;
c. whereby person of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or
may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable;
d. for authorizing the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of
dealing with the situation that exists during that period of public emergency; or
e. for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local
purposes.
4. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it
makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race,
place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public
service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate
established by any law for public purposes.
5. Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any
such provision of law as is referred to in subsection (3) or (4).
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in
subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22,
being such a restriction as is authorized by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section
20, subsection (2) of section 21, or subsection (3) of section 22, as the case may be.
7. Subsection (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by this Constitution or any other law.
Enforcement of protective provisions
24. 1. Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being
or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a
contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter
which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction -
a. to hear and determine any application made by any person in pursuance of subsection (2); and
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of
enforcing or securing the enforcement of any of the provisions of sections 12 to 23:
Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress
are or have been available to the person concerned under any other law.
3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the
provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his
opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the
question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision
is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the
decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to
Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction
conferred upon it by this section.
6. Parliament may make provision with respect to the practice and procedure -
a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
b. of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in
the exercise of such jurisdiction; and
c. of subordinate courts in relation to references to the High Court under subsection (3);
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought;
and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
7. In this section "the Court of Appeal" has the same meaning as it has in section 87.
Time of emergency
25. 1. In this Chapter "period of public emergency" means any period during which -
a. Barbados is engaged in any war; or
b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or
c. there is in force a resolution of each House supported by the votes of not less than two thirds of all the members of that
House declaring that democratic institutions in Barbados are threatened by subversion.
2. A proclamation made by the Governor General shall not be effective for the purposes of subsection (1) unless it is declared
therein that the Governor General is satisfied -
a. that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a
result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other
calamity, whether similar to the foregoing or not; or
b. that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be
likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or
services essential to life.
3. A proclamation made by the Governor General for the purposes of this section shall, unless previously revoked, remain in
force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a
resolution supported by the votes of a majority of all the members of that House;
Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by
resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the
members of the House of Assembly.
4. A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that
House supported by the votes of a majority of all the members thereof.
Saving of existing law
26. 1. Nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in
contravention of any provision of sections 12 to 23 to the extent that the law in question -
a. is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has
continued to be part of the law of Barbados at all times since that day;
b. repeals and re-enacts an existing law without alteration; or
c. alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in
which, or to an extent to which, it was not previously so inconsistent.
2. In subsection (1)(c) the reference to altering and existing law includes references to repealing it and re-enacting it with
modifications or making different provisions in lieu thereof, and to modifying it; and in subsection (1) "written law" includes any
instrument having the force of law and in this subsection and subsection (1) references to the repeal and re-enactment of an
existing law shall be construed accordingly.
Interpretation
27. 1. In this chapter -
"contravention", in relation to any requirement, includes a failure to comply with that requirement;
"court" means any court of law having jurisdiction in Barbados other that a court established by a disciplinary law, and includes
Her Majesty in Council and -
a. in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7)
of section 23 includes, in relation to an offense against a disciplinary law, a court established by such a law; and
b. in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, any
person or authority empowered to exercise jurisdiction in respect of that offense;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means -
a. a naval, military or air force;
b. a police force;
c. a prison service; or
d. a fire service;
"legal representative", in relation to any court or other tribunal, means a person entitled to practice as a barrister or solicitor
before such court or tribunal; and
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is
subject to that discipline.
2. References in sections 12, 13, 17 and 22 to a criminal offense shall be construed as including references to an offense against
a disciplinary law, and such references in subsections (2) to (7) and (11)(a) of section 18 shall, in relation to proceedings before
a court established by a disciplinary law, be similarly construed.
3. In relation to any person who is a member of a disciplined force raised under the law of any country other than Barbados
and lawfully present in Barbados, nothing contained in or done under the authority of the disciplinary law of that force shall be
held to be inconsistent with or in contravention of any provision of sections 12 to 23.
CITIZENSHIP
Persons who become citizens on 30th November 1966
2. 1. Every person who, having been born in Barbados, is on 29th November 1966 a citizen of the United Kingdom and
Colonies shall become a citizen of Barbados on 30th November 1966.
2. Every person who, having been born outside Barbados, is on 29th November 1966 a citizen of the United Kingdom and
Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the
provisions of subsection (1), become a citizen of Barbados on 30th November 1966.
3. Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies -
a. having become such a citizen under the British Nationality Act 1948(a) by virtue of his having been naturalized in Barbados
as a British subject before that Act came into force; or
b. having become such a citizen by virtue of his having been naturalized or registered in Barbados under that Act.
shall become a citizen of Barbados on 30th November 1966.
Person entitled to be registered as citizens
3. 1. Any woman who on 29th November 1966 is or has been married to a person -
a. who becomes a citizen of Barbados by virtue of section 2; or
b. who, having died before 30th November 1966, would but for his death have become a citizen of Barbados by virtue of that
section.
shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of
allegiance, to be registered as a citizen of Barbados.
2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -
a. has been ordinarily resident in Barbados continuously for a period of seven years or more at any time before 30th November
1966; and
b. has not, since such period of residence in Barbados and before that date, been ordinarily resident outside Barbados
continuously for a period of seven years or more.
shall be entitled, upon making application, to be registered as a citizen of Barbados:
Provided that the right to be registered a s a citizen of Barbados under this subsection shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national security or public policy.
3. Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of
Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected
person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados:
Provided that the right to be registered as a citizen of Barbados under this subsection shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national security or public policy.
4. Any application for registration under this section shall be made in such manner as may be prescribed as respects that
application:
Provided that such an application may not be made by a person who has not attained the age of twenty one years and is not a
woman who is or has been married but shall be made on behalf of that person by a parent or guardian of that person.
Persons born in Barbados after 29th November 1966
4. Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:
Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth -
a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state
accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or
b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
Persons born outside Barbados after 29th November 1966.
5. A person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at
that date his father is a citizen of Barbados otherwise than by virtue of this section or section 2(2).
Marriage to citizen of Barbados
6. Any woman who, after 29th November 1966, marries a person who is or becomes a citizen of Barbados shall be entitled,
upon making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking
the oath of allegiance, to be registered as a citizen of Barbados.
Renunciation of citizenship
7. Any citizen of Barbados who has attained the age of twenty-one years and who -
a. is also a citizen or national of any other country; or
b. intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of Barbados by a
declaration made and registered in such manner as may be prescribed:
Provided that -
a. in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of
renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and
shall be deemed to have remained, a citizen of Barbados notwithstanding the making and registration of his declaration of
renunciation; and
b. the right of any person to renounce his citizenship of Barbados during any period when Barbados is engaged in any war shall
be subject to such exceptions or qualifications as any be prescribed in the interests of national security or public policy.
Commonwealth citizens
8. 1. Every person who under this Constitution or any Act of Parliament is a citizen of Barbados or under any enactment for the
time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have
the status of a Commonwealth citizen.
2. Every person who is a British subject without citizenship under the British nationality act 1948, continues to be a British
subject under section 2 of that Act or is a British subject under the British Nationality Act 1965(a) shall, by virtue of that status,
have the status of a Commonwealth citizen.
3. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and
colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone,
Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana,
Botswana, Lesotho and southern Rhodesia.
Powers of Parliament
9. Parliament may make provision -
a. for the acquisition of citizenship`p of Barbados by persons who do not become citizens of Barbados by virtue of the
provisions of this Chapter; or
b. for depriving of his citizenship of Barbados any person who is a citizen of Barbados otherwise than by virtue of subsection
(1) or (2) of section 2 or section 4 o section 5.
Interpretation
10. 1. In this chapter -
"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act
1948;
"prescribed" means prescribed by or under any Act of Parliament.
2. Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a
person legitimized before 30th November 1966, be construed as a reference to the mother of that person.
3. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or
aircraft of the government of any country, shall be deemed to have been born in the palace in which the ship or aircraft was
registered or, as the case may be, in that country.
4. any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation
to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the
father's death; and where that death occurred before 30th November 1966 and the birth occurred after 29th November 1966
the national status that the father would have had if he had died on 30th November 1966 shall be deemed to be his national
status at the time of his death.
CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
11. Whereas every person in Barbados is entitled to the fundamental rights and freedoms of the individual, that is to say, the
right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and
freedoms of others and for the public interest, to each and all of the following, namely -
a. life, liberty and security of the person;
b. protection for the privacy of his home and other property and from deprivation of property without compensation;
c. the protection of the law; and
d. freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms
subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the
enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public
interest.
Protection of right to life
12. 1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal
offense under the law of Barbados of which he has been convicted.
2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the
use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable -
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. in order lawfully to prevent the commission by that person of a criminal offense,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
13. 1. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is
to say -
a. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether
established for Barbados or some other country, in respect of a criminal offense of which he has been convicted;
b. in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament
punishing him for contempt of any such court or of another court or tribunal;
c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
d. for the purpose of bringing him before a court in execution of the order of a court;
e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;
f. in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his
parent or guardian, for the purpose of his education or welfare;
g. for the purpose of preventing the spread of an infectious or contagious disease;
h. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant,
for the purpose of his care or treatment or the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into Barbados, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Barbados or for the purpose of restricting that person while he is being
conveyed through Barbados in the course of his extradition or removal as a convicted prisoner form one country to another; or
j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area
within Barbados or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the
taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has
been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to
make to any part of Barbados in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he
understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without
delay a legal adviser of his own choice, being a person entitled to practice in Barbados as a barrister or solicitor, and to hold
private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be
afforded a reasonable opportunity for communication with his parent or guardian.
3. Any person who is arrested or detained -
a. for the purpose of bringing him before a court in execution of the order of a court; or
b. upon reasonable suspicion of his having committed or being about to commit a criminal offense.
and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or
detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a
reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released
either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to
ensure that he appears at a later date for trial or for proceedings preliminary to trial.
4. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that
other person.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the
foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public
emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period
of public emergency.
6. Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention,
be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;
b. not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating
that he has been detained and giving particulars of the provision of law under which his detention is authorized;
c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no
subsequent request shall be made before the expiration of three months from the making of the previous request;
d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by
an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from
among persons entitled to practice in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a
person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral
representations or both to the tribunal appointed for the review of his case.
7. On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make
recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered,
but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such
recommendations.
8. When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister
authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty
days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid
and the number of cases in which the authority that ordered the detention has not acted in accordance with the
recommendations of a tribunal appointed in pursuance of subsection (6):
Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period
during which Parliament stands prorogued or dissolved.
Protection from slavery and forced labour
14. 1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression "forced labour" does not include -
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or
order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the palace at which he is detained;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to
perform in place of such service; or
d. any labour required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or
other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is
reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity,
for the purpose of dealing with that situation.
Protection from inhuman treatment
15. 1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question authorizes the infliction of any punishment or the administration of any treatment
that was lawful in Barbados immediately before 30th November 1966.
Protection from deprivation of property
16. 1. 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, except by or under the authority of a written law and where provision applying to
that acquisition or taking of possession is made by a written law -
a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and
b. giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination
of his interest in or right over the property and the amount of compensation, to the High Court.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section -
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -
i. in satisfaction of any tax, duty, rate, cess or other impost;
ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the
health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions; or
vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of
land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o
work relating to agricultural development or improvement; or
b. to the extent that the law in question makes provision for the taking of possession or acquisition of -
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for
the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii. property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the
benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled
to the beneficial interest in the property; or
iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument
creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of
any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable
restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees
or others having rights in or over such property.
4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any
property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property,
interest or right is held by a body corporate established directly by law for public purposes in which no monies have been
invested other than monies provided by parliament or by any Legislature established for the former Colony of Barbados.
Protection against arbitrary search or entry
17. 1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by
others on his premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision that is reasonably required -
a. in the interests of defence, public safety, public order, public morality, public health, town or country planning the
development or utilization of mineral resources, or the development or utilization of any other property in such manner as to
promote the public benefit;
b. for the purposes of protecting the rights or freedoms of other persons;
c. for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body
corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those
premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work
connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body
corporate, as the case may be;
d. for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing
the judgment or order of a court in any proceedings; or
e. for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.
Provisions to secure protection of law
18. 1. If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial court established by law.
2. Every person who is charged with a criminal offense -
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the
offense charged;
c. shall be given adequate time and facilities for the preparation of his defence;
d. shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before
the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the
trial of the charge.
and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the
proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.
3. When a person is tried for any criminal offense, the accursed person or any person authorized by him in that behalf shall, if he
so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after
judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took
place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or
nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.
5. No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted
shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of
appeal proceedings relating to the conviction or acquittal.
6. No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.
7. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
8. Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation
shall be established by law and shall be independent and impartial; and where proceedings for such a determination are
instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.
9. Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of
the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the
court or other tribunal, shall be held in public.
10. Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than
the parties thereto and their legal representatives to such extent as the court or other tribunal -
a. may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would
prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of
persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
b. may by law be empowered or required so to do in the interests of defence, public safety or public order.
11. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of -
a. subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden
of proving particular facts;
b: subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify
on behalf of an accused person are to be aid their expenses out of public funds; or
c. subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal
offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment, take into
account any punishment awarded him under that disciplinary law.
12. Nothing contained in subsection (2)(d) shall be construed as entitling a person to legal representation at public expense.
Protection of freedom of conscience
19. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the
purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and
freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or
belief in worship, teaching, practice and observance.
2. Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage
any place of education which it wholly maintains.
3. No religious community shall be prevented from providing religious instruction for persons of that community in the course of
any education provided by that community whether or not that community is in receipt of any government subsidy, grant or
other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
4. Except with his own consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his
guardian), no person attending any place of education shall be enquired to receive religious instruction or to take part in or
attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his
own.
5. No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner
which is contrary to his religion or belief.
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision -
a. which is reasonably required -
i. in the interests of defence, public safety, public order, public morality or public health; or
ii. for he purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion
without the unsolicited of members of any other religion; or
b. with respect to standards or qualifications to be required in relation to places of education including any instruction (not being
religious instruction) given at such places.
7. References in this section to a religion shall be construed as including references to a religious denomination, and cognate
expressions shall be construed accordingly.
Protection of freedom of expression
20. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the
purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas
and information without interference, freedom to communicate ideas and information without interferences and freedom from
interference with his correspondence or other means of communication.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision -
a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private
lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the
authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts,
wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
c. that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of assembly and association
21. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association,
that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties
or to form or belong to trade unions or other associations for the protection of his interests.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision -
a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
c. that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of movement
22. 1. No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Barbados,
the right to reside in any part of Barbados, the right to enter Barbados, the right to leave Barbados and immunity from expulsion
from Barbados.
2. Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent
with or in contravention of this section.
3. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this
section to the extent that the law in question makes provision -
a. for the imposition of restrictions on the movement or residence within Barbados of any person or on any person s right to
leave Barbados that are reasonably required in the interests of defence, public safety or public order;
b. for the imposition of restrictions on the movement or residence within Barbados or on the right to leave Barbados of persons
generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public
morality or public health;
c. for the imposition of restrictions on the movement or residence within Barbados of any person who is not a citizen thereof or
the exclusion or expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;
e. for the imposition of restrictions, on the movement or residence within Barbados of any person who is not a citizen thereof or
the exclusion or expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;
e. for the imposition of restrictions, by order of a court, on the movement or residence within Barbados of any person or on any
person's right to leave Barbados either in consequence of this having been found guilty of a criminal offense under the law of
Barbados or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offense or for
preceedings preliminary to trial or for preceding relating to his extradition or lawful removal from Barbados;
f. for the imposition of restrictions upon the movement or residence within Barbados or on the right to leave Barbados of public
officers or members of a disciplined force;
g. for the removal of persons from Barbados -
i. to be tried or punished in some other country for a criminal offense under the law of that country;
ii. to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under
the law of Barbados of which he has been convicted;
iii. to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in
pursuance of a law of Barbados relating to the treatment of offenders under a specified age; or
iv. to be detained for care or treatment in a hospital or other institution in pursuance of a law of Barbados relating yo persons
suffering from defect or disease of the mind; or
h. for the imposition of restrictions on the right of any person to leave Barbados that are reasonably required in order to secure
the fulfillment of any obligations imposed on that person by law.
4. Where a person's freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3)(a), the
following provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more than five days after the Commencement of the
restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction
has been imposed;
b. not more than fourteen days after the commencement of the restriction, a notification shall be published in the Gazette stating
that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is
authorized;
c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no
subsequent request shall be made before the expiration of three months from the making of the previous request;
d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by
an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from
among persons entitled to practice in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a
person entitled to practice as aforesaid, and he and any such legal adviser shall be parted to make written or oral
representations or both to the tribunal appointed for the review of his case.
5. On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been
restricted the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the
authority by whom it was ordered, but, unless it is otherwise provided by law, that authority by whom it was ordered, but,
unless, it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
Protection from discrimination on ground of race, etc.
23. 1. Subject to the provisions of this section
a. no law shall make any provision that is discriminatory either of itself or in its effect; and
b. no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance
of the functions of any public office or any public authority.
2. In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or
mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such
description are subjected to disabilities or restrictions to which person of another such description are not made subject or are
accorded privileges or advantages which are not afforded to persons of another such description.
3. Subsection (1)(a) shall not apply to any law so far as that law makes provision -
a. with respect to persons who are not citizens of Barbados;
b. with respect to adoption, marriage, divorce .....dissolutions of property on death or other matters of personal law;
c. whereby person of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or
may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable;
d. for authorizing the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of
dealing with the situation that exists during that period of public emergency; or
e. for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local
purposes.
4. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it
makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race,
place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public
service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate
established by any law for public purposes.
5. Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any
such provision of law as is referred to in subsection (3) or (4).
6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in
subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22,
being such a restriction as is authorized by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section
20, subsection (2) of section 21, or subsection (3) of section 22, as the case may be.
7. Subsection (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by this Constitution or any other law.
Enforcement of protective provisions
24. 1. Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being
or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a
contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter
which is lawfully available, that person (or that other person) may apply to the High Court for redress.
2. The High Court shall have original jurisdiction -
a. to hear and determine any application made by any person in pursuance of subsection (2); and
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of
enforcing or securing the enforcement of any of the provisions of sections 12 to 23:
Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress
are or have been available to the person concerned under any other law.
3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the
provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his
opinion, the raising of the question is merely frivolous or vexatious.
4. Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the
question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision
is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the
decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to
Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction
conferred upon it by this section.
6. Parliament may make provision with respect to the practice and procedure -
a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
b. of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in
the exercise of such jurisdiction; and
c. of subordinate courts in relation to references to the High Court under subsection (3);
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought;
and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
7. In this section "the Court of Appeal" has the same meaning as it has in section 87.
Time of emergency
25. 1. In this Chapter "period of public emergency" means any period during which -
a. Barbados is engaged in any war; or
b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or
c. there is in force a resolution of each House supported by the votes of not less than two thirds of all the members of that
House declaring that democratic institutions in Barbados are threatened by subversion.
2. A proclamation made by the Governor General shall not be effective for the purposes of subsection (1) unless it is declared
therein that the Governor General is satisfied -
a. that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a
result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other
calamity, whether similar to the foregoing or not; or
b. that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be
likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or
services essential to life.
3. A proclamation made by the Governor General for the purposes of this section shall, unless previously revoked, remain in
force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a
resolution supported by the votes of a majority of all the members of that House;
Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by
resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the
members of the House of Assembly.
4. A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that
House supported by the votes of a majority of all the members thereof.
Saving of existing law
26. 1. Nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in
contravention of any provision of sections 12 to 23 to the extent that the law in question -
a. is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has
continued to be part of the law of Barbados at all times since that day;
b. repeals and re-enacts an existing law without alteration; or
c. alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in
which, or to an extent to which, it was not previously so inconsistent.
2. In subsection (1)(c) the reference to altering and existing law includes references to repealing it and re-enacting it with
modifications or making different provisions in lieu thereof, and to modifying it; and in subsection (1) "written law" includes any
instrument having the force of law and in this subsection and subsection (1) references to the repeal and re-enactment of an
existing law shall be construed accordingly.
Interpretation
27. 1. In this chapter -
"contravention", in relation to any requirement, includes a failure to comply with that requirement;
"court" means any court of law having jurisdiction in Barbados other that a court established by a disciplinary law, and includes
Her Majesty in Council and -
a. in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7)
of section 23 includes, in relation to an offense against a disciplinary law, a court established by such a law; and
b. in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, any
person or authority empowered to exercise jurisdiction in respect of that offense;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means -
a. a naval, military or air force;
b. a police force;
c. a prison service; or
d. a fire service;
"legal representative", in relation to any court or other tribunal, means a person entitled to practice as a barrister or solicitor
before such court or tribunal; and
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is
subject to that discipline.
2. References in sections 12, 13, 17 and 22 to a criminal offense shall be construed as including references to an offense against
a disciplinary law, and such references in subsections (2) to (7) and (11)(a) of section 18 shall, in relation to proceedings before
a court established by a disciplinary law, be similarly construed.
3. In relation to any person who is a member of a disciplined force raised under the law of any country other than Barbados
and lawfully present in Barbados, nothing contained in or done under the authority of the disciplinary law of that force shall be
held to be inconsistent with or in contravention of any provision of sections 12 to 23.
Barbados became a British possession in 1627. It was a member state of the failed West
Indies Federation but remained a British colony until it achieved independence and adopted
its constitution on 30 July 1966. Following the Constitutional Declaration in Chapter I,
Citizenship is detailed in Chapter II and "Protection of Fundamental Rights and Freedoms of
the Individual" are elucidated in Chapter III, conforming to the United Nations 1948 Universal
Declaration of Human Rights of which Barbados is a signatory, and are detailed below. For
the full English text of Barbados' constitution, click here.
Indies Federation but remained a British colony until it achieved independence and adopted
its constitution on 30 July 1966. Following the Constitutional Declaration in Chapter I,
Citizenship is detailed in Chapter II and "Protection of Fundamental Rights and Freedoms of
the Individual" are elucidated in Chapter III, conforming to the United Nations 1948 Universal
Declaration of Human Rights of which Barbados is a signatory, and are detailed below. For
the full English text of Barbados' constitution, click here.