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National Constitutional provisions – Barbados

 

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 Constitution of Barbados 9 December 1966, ammended 1978 

EDUCATION 

The Constitution includes human rights guarantees, but not directly the right to education.
Chapter III - Protection of fundamental rights and freedoms of the individual
Art.19 - Protection of freedom of conscience
(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and (…) the said freedom includes (…) freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in (…) teaching, (…).
(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 (…), no person attending any place of education shall be required to receive religious instruction (…) if that instruction (…) relates to a religion which is not his own. 

EQUALITY 

Chapter 3

Article 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.

 Article 23

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.

23.2 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. 

23.2 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.  

23.4 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. 

23.5 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). 

23.6 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. 

23.7 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. 

RELIGION

Chapter 3

Article 19

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.

 19.2 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.

 19.3 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.

 19.4 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.

 19.5 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.

 19.6 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 per5sons, 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.

 19.7 References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.