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National Constitutional provisions – Saint Vincent and the Grenadines

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

 

The Saint Vincent Constitution Order, 1979

 

EQUALITY

13. (1) Subject to the provisions of subsections (4),(5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6),(7) and (8) of this section, no persons shall be treated in a discriminatory manner by any persons acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions,color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such descriptions are not made subject or are recorded privileges of advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law do far as that law makes provision-
a. for the appropriation of public revenues or other public funds;
b. with respect to persons who are not citizens;
c. for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
d. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place or origin, political opinions, color or creed) to be required of any person who is appointed to or to act in any office or employment.
(6) Subsection (2) of this section 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 (4) or subsection (5) of this section.
(7) 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 (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7,9,10,11 add 12 if this Constitution, being such a restriction as is authorized by section 7(2), section 9(5)m section 10(2)m section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be.
(8) Nothing in subsection (2) of this section shall 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 or under this Constitution or any other law.
14. Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this Constitution to the extent that the law authorizes the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Saint Vincent during that period.

 

CITIZENSHIP

 

Persons who become citizens on 27th October 1979.
90. (1) Every person who, having been born in Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen at such commencement.
(2) Every person who, immediately before the commencement of this Constitution, 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 this having been naturalized in Saint Vincent as a British subject before that Act came into force; or
b. having while resident in Saint Vincent become such a citizen by virtue of his having been naturalized or registered under that Act,
shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the United Kingdom and Colonies have become,a citizen by virtue of subsection (1) or subsection (2) of this section, become a citizen at such commencement.
(4) Every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies would have become, a citizen by virtue of subsection (1), (2) or (3) of this section, is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement.
Persons born in Saint Vincent on or after 27th October 1979.
91. Every person born in Saint Vincent after the commencement of this Constitution shall become a citizen at the date of his birth:
Provided that a person shall not become a citizen by virtue of this section if at the time of his birth-
a. neither of his parents is a citizen of Saint Vincent and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Vincent; or
b. his father is a citizen of a country with which Saint Vincent is at war and the birth occurs in a place then under occupation by that country.
Persons born outside Saint Vincent on or after 27th October 1979.
92. A person born outside Saint Vincent after the commencement of this Constitution shall become a citizen at the date of his birth if, at that date, his father or mother is a citizen otherwise than by virtue of this section or section 90(3) of this Constitution.
Registration.
93. (1) The following persons shall be entitled, upon making application, to be registered as citizens-
a. any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
b. any person who, being a Commonwealth citizen, or ordinarily resident in Saint Vincent at the commencement of this Constitution, having been so resident for the period of seven years immediately preceding such commencement;
c. any person who, having been a citizen, has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
d. any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen at the commencement of this Constitution;
e. any woman who is married to any such person as is mentioned in paragraph (b), (c) or (d) of this subsection or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph;
f. any woman who, before the commencement of this Constitution, has been married to a person-
i) who becomes a citizen by virtue of section 90 of this Constitution; or
ii) who having died before such commencement, would but for his death have become a citizen by virtue of that section,
but whose marriage has been terminated by death or dissolution before such commencement.
(2) The following persons shall be entitled, upon making application, to be registered as citizens.
a. any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
b. any person who, being a Commonwealth citizen, is and for seven years previous to his application has been ordinarily resident in Saint Vincent;
c. any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section or who was married to a person who, at any time during the period during which they were married to each other, was entitled to apply to be registered as a citizen under any such paragraph;
d. any person under the age of twenty-one years who is the stepchild or child adopted in a manner recognized by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under subsection (1) of this section:
Provided that if it is so provided by Parliament an application for registration as a citizen under his subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the applications.
(3) An application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and, in the case of a person to whom subsection (2) (d) of this section applies, it shall be made on his behalf by his parent or guardian:
Provided that, if any such person is or has been married, he may make the application himself.
(4) Every person who, being a British protected person, an alien or, of it is so prescribed by Parliament, a citizen of any country within the Commonwealth not forming part of Her Majesty's dominions and having reached the age of twenty-one years, applies for registration under this section shall, before such registration, take the oath of allegiance.
 
RELIGION
 
9. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including 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) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to received religions instructions or to taken part in or attend any religious ceremony or observance if that instruction ceremony or observance relates to a religion that is not his own.
(3) 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 maintains; as no such community shall be prevented from providing religious instruction for persons of that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.
(4) A person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.
(5) 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 which is reasonably required-
a. in the interests of defence, public safety, public order, public morality or public health;
b. for the purpose of protecting the rights and freedoms of other persons including the right to observe and practice any religion without the unsolicited intervention or members of any other religion; or
c. for the purpose of regulating educational institutions in the interests of the persons who receive instruction in them,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References is this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.