National Constitutional provisions – Dominica

The Constitution of Dominica 3 November 1978, amended 1984

EDUCATION

Art.9

(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including (…) 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) Except with his own consent (…), a person attending any place of education (…) shall not be required to receive religious instruction (…) if that instruction (…) relates to a religion which is not his own.

(3) Every recognized 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; and no such 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 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.

EQUALITY

Article  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 person shall be treated in a discriminatory manner by any person or 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, colour or creed whereby persons of one such description are subject to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

4. Subsection (1) of this section shall not apply to any law 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 of Dominica;

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 which is the personal law of persons of that description;

d) whereby persons of any such description as is mentioned is subsection (3) of this section may be subject 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 contraventions subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relation to sex, race, place of origin, political opinions, colour 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 authorised 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 nay such description as is mentioned in subsection (3) of this section may be subject to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by section 7(2) section 9(5), section 10(2), 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.

CITIZENSHIP

Article 100.-

1. The following persons shall be entitled, upon making application and, in the case of a British protected person or an alien who has attained the age of eighteen years, taking the oath of allegiance, to be registered as citizens of Dominica-

a) any person who, being a Commonwealth citizen, is and for the previous seven years has been ordinarily resident in Dominica;

b) any person who, having been a citizen of Dominica by virtue of the provisions of subsection (1) and (2) of section 97 or section 98 of the Constitution has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;

c) any person under the age of eighteen years who is the child, stepchild or child-adopted in a manner recognised by law of person who is or was before his death or would but for his death become a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution.

2. 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 (1)(c) of this section applies, it shall be made on his behalf by his parent or guardian before he attains the age of eighteen years or such later age as may be so prescribed.

Acquisition, deprivation and renunciation.

Article 101.-

 There shall be such provisions as may be made by parliament for-

a) the acquisition of citizenship of Dominica by person who are not eligible or who are no longer eligible to become citizens of Dominica under the provisions of this Chapter;

b) depriving of his citizenship of Dominica any person who is a citizen of Dominica otherwise than by virtue of section 97, 98 or 99 of this Constitution;

c) the renunciation by any person of his citizenship of Dominica.

RELIGION

Article  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 or 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 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.

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; and no such 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 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 which is contrary to his religion or belief.

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 provisions 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 practise any religion without the unsolicited intervention of members of any other religion; or

c) for the purpose of regulating educational institutions in the interests of the persons who received or may receive instructions 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 in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

HUMAN RIGHTS MECHANISMS

Article  1

1. Whereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the rights whatever his race, place of origins, political opinions, colour, 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, security of the person and the protection of the law;

b. freedom of conscience, of expression and of assembly and association; and

c. protection for the privacy of his home and other property and from deprivation of property without compensation,

the 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 person does not prejudice the rights and freedoms of others of the public interest.