Constitution of the Commonwealth of Dominica 1978, as amended to 1984


Affirmative Action (Broadly)

(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.

(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-

(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.
… (Sec. 13)

Citizenship and Nationality

(1) Every person who, having been born in Dominica, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen of Dominica 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 by virtue of his having been naturalised in Dominica as a British subject before that Act came into force; or
(b) having become such a citizen by virtue of his having been naturalised or registered in Dominica under the British Nationality Acts 1948 to 1965, shall become a citizen of Dominica at such commencement.
(3) Every person who, having been born outside Dominica, 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 have become, a citizen of Dominica by virtue of subsection (1) or subsection (2) of this section, become a citizen of Dominica at such commencement. (Sec. 97)

Citizenship and Nationality

Every person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth:
Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth—
(a) his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Dominica, and is not a citizen of Dominica; or
(b) his father or mother is a citizen of a country with which Dominica is at war, and the birth occurs in a place then under occupation by the enemy. (Sec. 98)

Citizenship and Nationality

A person born outside Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth if, at that date, his father or mother is a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution. (Sec. 99)

Citizenship and Nationality

(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. (Sec. 100)

Citizenship and Nationality

There shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship of Dominica by persons 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. (Sec. 101)

Jurisdiction and Access

(1) Subject to the provisions of sections 22(5), 38(6), 42(8), 57(7), 115(8), 118(3) and 121(10) of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
(2) The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened and to make a declaration accordingly.
(3) Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as its considers appropriate, being a remedy available generally under the law of Dominica in proceedings in the High Court.
(4) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the Court by or under this section, including provision with respect to the time within which any application under this section may be made.
(5) A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
(6) The right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other enactment or any rule of law.
(7) Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 40 of this Constitution. (Sec. 103)

Jurisdiction and Access

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Dominica (other than the Court of Appeal, the High Court or a court- martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
… (Sec. 104)

Jurisdiction and Access

(1) Subject to the provisions of section 40(7) of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases:
(a) final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution;
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms).
(2) An Appeal shall lie from final decisions of the Public Service Board of Appeal to the Court of Appeal.
(3) The Chief Justice may make rules with respect to the practice and procedure of the Court of Appeal in relation to appeals from the Public Service Board of Appeal to the Court of Appeal. (Sec. 105)

Jurisdiction and Access

(1) An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee as of right in the following cases:

(c) final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution; and
… (Sec. 106)

Employment Rights and Protection

Whereas the People of Dominica—
...
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)

Equality and Non-Discrimination

WHEREAS the People of Dominica-
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
… (Preamble)

Equality and Non-Discrimination

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;
… (Sec. 1)

Equality and Non-Discrimination

(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-

(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. (Sec. 13)

Obligations of the State

WHEREAS the People of Dominica –
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;

(e) desire that their Constitution should make provision for ensuring the protection in the Commonwealth of Dominica of fundamental human rights and freedoms;
… (Preamble)

Obligations of the State

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. (Sec. 1)

Obligations of Private Parties

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. (Sec. 1)

Judicial Protection

(1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive)2 of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case for 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 (1) of this section; and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such declarations and 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 2 to 15 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, 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 in pursuance of subsection (3) of this section, 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 to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or, as the case may be, of the Judicial Committee.
(5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 16)

Judicial Protection

(1) Subject to the provisions of section 40(7) of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases:

(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms).
… (Sec. 105)

Limitations and/or Derogations

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. (Sec. 1)

Limitations and/or Derogations

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 133 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Dominica during that period. (Sec. 14)

Marriage and Family Life

WHEREAS the People of Dominica-
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
… (Preamble)

Marriage and Family Life

(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.

(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 –

(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;
… (Sec. 13)

Participation in Public Life and Institutions

Whereas the People of Dominica—

(c) have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully-constituted authority; … (Preamble)

Participation in Public Life and Institutions

(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.

(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.

(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.
… (Sec. 13)

Political Rights and Association

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-

(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 1)

Political Rights and Association

(1) Except with his own consent, a person shall not 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 trade unions or other associations for the protection of his interests.
… (Sec. 11)

Political Rights and Association

(2) (a) Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Dominica as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purpose of electing Representatives, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered.
(b) Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of Representatives, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
… (Sec. 33)

Electoral Bodies

(1) The Electoral Commission shall be responsible for the registration of voters for the purpose of electing Representatives and for the conduct of elections of Representatives and Senators and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
… (Sec. 38)

Head of State

(1) There shall be a President of Dominica who shall be elected by the House and shall hold office for a term of five years.
… (Sec. 18)

Head of State

(1) A person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he is a citizen of Dominica of the age of forty years or upwards who at the date of his nomination has been resident in Dominica for five years immediately preceding his nomination.
(2) For the purposes of subsection (1) of this section a person shall be deemed to reside in Dominica if he holds an office in the service of the Government, or is employed with any intergovernmental organisation or institution of the Commonwealth Caribbean or any international organisation or institution of which Dominica is a member and lives outside Dominica because he is required to do so for the proper discharge of his functions.
(3) Parliament may, by resolution supported by the votes of not less than three-fourths of all the elected members of the House waive the residence qualification laid down in subsection (1) of this section with respect to any particular person to be proposed for nomination. (Sec. 20)

Head of State

(1) The executive authority of Dominica is vested in the President.
… (Sec. 58)

Government

(1) There shall be a Prime Minister of Dominica, who shall be appointed by the President.
(2) Whenever the President has occasion to appoint a Prime Minister he shall appoint an elected member of the House who appears to him likely to command the support of the majority of the elected members of the House.
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the President, acting in accordance with the advice of the Prime Minister.
(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the President, acting in accordance with the advice of the Prime Minister, from among the members of the House: Provided that not more than three Ministers shall be appointed from among Senators who have been appointed as such.
… (Sec. 59)

Government

(1) There shall be a Cabinet of Ministers for Dominica which shall consist of the Prime Minister and the other Ministers.
… (Sec. 60)

Legislature

There shall be a Parliament of Dominica which shall consist of the President and a House of Assembly. (Sec. 29)

Legislature

(1) Subject to the provisions of section 32 of this Constitution a person shall be qualified to be elected as a Representative if, and shall not be so qualified unless, he—
(a)
 is a citizen of Dominica of the age of twenty-one years or upwards;
(b) 
has resided in Dominica for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Dominica at that date; and
(c) 
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.
(2) Subject to the provisions of section 32 of this Constitution, a person shall be qualified to be elected or appointed as a Senator if, and shall not be so qualified unless, he—
(a)
is a Commonwealth citizen of the age of twenty-one years or upwards;
(b)
is domiciled and resident in Dominica at the date of his appointment or nomination for election; and
(c)
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House. (Sec. 31)

Legislature

(1) Each of the constituencies established in accordance with the provisions of section 57 of this Constitution shall return one Representative to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
… (Sec. 33)

Legislature

(1) Of the Senators—
(a) five shall be appointed by the President, acting in accordance with the advice of the Prime Minister; and
(b) four shall be appointed by the President, acting in accordance with the advice of the Leader of the Opposition:
Provided that, if it is so prescribed by Parliament the Senators shall, instead of being appointed under the foregoing provisions of this section, be elected, in accordance with such provision as may be made by Parliament in that behalf. … (Sec. 34)

Property, Inheritance and Land Tenure

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-

(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 1)

Property, Inheritance and Land Tenure

(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.

(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 –

(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;
… (Sec. 13)

Protection from Violence

Whereas the People of Dominica—
...
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)

Protection from Violence

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;
… (Sec. 1)

Protection from Violence

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Sec. 4)

Protection from Violence

No person shall be subjected to torture or to inhuman or degrading punishment or other treatment. (Sec. 5)

Public Institutions and Services

(1) The law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this Constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
… (Sec. 95)

Public Institutions and Services

(1) Where under any law any person or authority has a discretion—
(a) to decide whether or not any pensions benefits shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. (Sec. 96)

Status of the Constitution

This Constitution is the supreme law of Dominica and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. (Sec. 117)

Affirmative Action (Broadly)

English

(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.

(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-

(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.
… (Sec. 13)

Citizenship and Nationality

English

(1) Every person who, having been born in Dominica, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen of Dominica 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 by virtue of his having been naturalised in Dominica as a British subject before that Act came into force; or
(b) having become such a citizen by virtue of his having been naturalised or registered in Dominica under the British Nationality Acts 1948 to 1965, shall become a citizen of Dominica at such commencement.
(3) Every person who, having been born outside Dominica, 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 have become, a citizen of Dominica by virtue of subsection (1) or subsection (2) of this section, become a citizen of Dominica at such commencement. (Sec. 97)

Citizenship and Nationality

English

Every person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth:
Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth—
(a) his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Dominica, and is not a citizen of Dominica; or
(b) his father or mother is a citizen of a country with which Dominica is at war, and the birth occurs in a place then under occupation by the enemy. (Sec. 98)

Citizenship and Nationality

English

A person born outside Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth if, at that date, his father or mother is a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution. (Sec. 99)

Citizenship and Nationality

English

(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. (Sec. 100)

Citizenship and Nationality

English

There shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship of Dominica by persons 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. (Sec. 101)

Jurisdiction and Access

English

(1) Subject to the provisions of sections 22(5), 38(6), 42(8), 57(7), 115(8), 118(3) and 121(10) of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
(2) The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter I thereof) has been or is being contravened and to make a declaration accordingly.
(3) Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as its considers appropriate, being a remedy available generally under the law of Dominica in proceedings in the High Court.
(4) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the Court by or under this section, including provision with respect to the time within which any application under this section may be made.
(5) A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
(6) The right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other enactment or any rule of law.
(7) Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 40 of this Constitution. (Sec. 103)

Jurisdiction and Access

English

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Dominica (other than the Court of Appeal, the High Court or a court- martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
… (Sec. 104)

Jurisdiction and Access

English

(1) Subject to the provisions of section 40(7) of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases:
(a) final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution;
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms).
(2) An Appeal shall lie from final decisions of the Public Service Board of Appeal to the Court of Appeal.
(3) The Chief Justice may make rules with respect to the practice and procedure of the Court of Appeal in relation to appeals from the Public Service Board of Appeal to the Court of Appeal. (Sec. 105)

Jurisdiction and Access

English

(1) An appeal shall lie from decisions of the Court of Appeal to the Judicial Committee as of right in the following cases:

(c) final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution; and
… (Sec. 106)

Employment Rights and Protection

English

Whereas the People of Dominica—
...
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)

Equality and Non-Discrimination

English

WHEREAS the People of Dominica-
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
… (Preamble)

Equality and Non-Discrimination

English

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;
… (Sec. 1)

Equality and Non-Discrimination

English

(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-

(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. (Sec. 13)

Obligations of the State

English

WHEREAS the People of Dominica –
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;

(e) desire that their Constitution should make provision for ensuring the protection in the Commonwealth of Dominica of fundamental human rights and freedoms;
… (Preamble)

Obligations of the State

English

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. (Sec. 1)

Obligations of Private Parties

English

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. (Sec. 1)

Judicial Protection

English

(1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive)2 of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case for 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 (1) of this section; and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such declarations and 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 2 to 15 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, 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 in pursuance of subsection (3) of this section, 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 to the Court of Appeal or to the Judicial Committee, in accordance with the decision of the Court of Appeal or, as the case may be, of the Judicial Committee.
(5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 16)

Judicial Protection

English

(1) Subject to the provisions of section 40(7) of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases:

(b) final decisions given in exercise of the jurisdiction conferred on the High Court by section 16 of this Constitution (which relates to the enforcement of the fundamental rights and freedoms).
… (Sec. 105)

Limitations and/or Derogations

English

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. (Sec. 1)

Limitations and/or Derogations

English

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 133 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Dominica during that period. (Sec. 14)

Marriage and Family Life

English

WHEREAS the People of Dominica-
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
… (Preamble)

Marriage and Family Life

English

(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.

(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 –

(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;
… (Sec. 13)

Participation in Public Life and Institutions

English

Whereas the People of Dominica—

(c) have asserted their belief in a democratic society in which all persons may, to the extent of their capacity, play some part in the institutions of the national life and thus develop and maintain due respect for lawfully-constituted authority; … (Preamble)

Participation in Public Life and Institutions

English

(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.

(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.

(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.
… (Sec. 13)

Political Rights and Association

English

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-

(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 1)

Political Rights and Association

English

(1) Except with his own consent, a person shall not 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 trade unions or other associations for the protection of his interests.
… (Sec. 11)

Political Rights and Association

English

(2) (a) Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Dominica as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purpose of electing Representatives, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered.
(b) Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of Representatives, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
… (Sec. 33)

Electoral Bodies

English

(1) The Electoral Commission shall be responsible for the registration of voters for the purpose of electing Representatives and for the conduct of elections of Representatives and Senators and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
… (Sec. 38)

Head of State

English

(1) There shall be a President of Dominica who shall be elected by the House and shall hold office for a term of five years.
… (Sec. 18)

Head of State

English

(1) A person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he is a citizen of Dominica of the age of forty years or upwards who at the date of his nomination has been resident in Dominica for five years immediately preceding his nomination.
(2) For the purposes of subsection (1) of this section a person shall be deemed to reside in Dominica if he holds an office in the service of the Government, or is employed with any intergovernmental organisation or institution of the Commonwealth Caribbean or any international organisation or institution of which Dominica is a member and lives outside Dominica because he is required to do so for the proper discharge of his functions.
(3) Parliament may, by resolution supported by the votes of not less than three-fourths of all the elected members of the House waive the residence qualification laid down in subsection (1) of this section with respect to any particular person to be proposed for nomination. (Sec. 20)

Head of State

English

(1) The executive authority of Dominica is vested in the President.
… (Sec. 58)

Government

English

(1) There shall be a Prime Minister of Dominica, who shall be appointed by the President.
(2) Whenever the President has occasion to appoint a Prime Minister he shall appoint an elected member of the House who appears to him likely to command the support of the majority of the elected members of the House.
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the President, acting in accordance with the advice of the Prime Minister.
(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the President, acting in accordance with the advice of the Prime Minister, from among the members of the House: Provided that not more than three Ministers shall be appointed from among Senators who have been appointed as such.
… (Sec. 59)

Government

English

(1) There shall be a Cabinet of Ministers for Dominica which shall consist of the Prime Minister and the other Ministers.
… (Sec. 60)

Legislature

English

There shall be a Parliament of Dominica which shall consist of the President and a House of Assembly. (Sec. 29)

Legislature

English

(1) Subject to the provisions of section 32 of this Constitution a person shall be qualified to be elected as a Representative if, and shall not be so qualified unless, he—
(a)
 is a citizen of Dominica of the age of twenty-one years or upwards;
(b) 
has resided in Dominica for a period of twelve months immediately before the date of his nomination for election or is domiciled and resident in Dominica at that date; and
(c) 
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.
(2) Subject to the provisions of section 32 of this Constitution, a person shall be qualified to be elected or appointed as a Senator if, and shall not be so qualified unless, he—
(a)
is a Commonwealth citizen of the age of twenty-one years or upwards;
(b)
is domiciled and resident in Dominica at the date of his appointment or nomination for election; and
(c)
is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House. (Sec. 31)

Legislature

English

(1) Each of the constituencies established in accordance with the provisions of section 57 of this Constitution shall return one Representative to the House who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.
… (Sec. 33)

Legislature

English

(1) Of the Senators—
(a) five shall be appointed by the President, acting in accordance with the advice of the Prime Minister; and
(b) four shall be appointed by the President, acting in accordance with the advice of the Leader of the Opposition:
Provided that, if it is so prescribed by Parliament the Senators shall, instead of being appointed under the foregoing provisions of this section, be elected, in accordance with such provision as may be made by Parliament in that behalf. … (Sec. 34)

Property, Inheritance and Land Tenure

English

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-

(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
… (Sec. 1)

Property, Inheritance and Land Tenure

English

(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.

(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 –

(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;
… (Sec. 13)

Protection from Violence

English

Whereas the People of Dominica—
...
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)

Protection from Violence

English

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;
… (Sec. 1)

Protection from Violence

English

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Sec. 4)

Protection from Violence

English

No person shall be subjected to torture or to inhuman or degrading punishment or other treatment. (Sec. 5)

Public Institutions and Services

English

(1) The law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this Constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
… (Sec. 95)

Public Institutions and Services

English

(1) Where under any law any person or authority has a discretion—
(a) to decide whether or not any pensions benefits shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. (Sec. 96)

Status of the Constitution

English

This Constitution is the supreme law of Dominica and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. (Sec. 117)

1

Links to all sites last visited 2 March 2016

2

Provisions of Chapter 1 on Protection of Fundamental Rights and Freedoms.

3

Provisions of Chapter 1 on Protection of Fundamental Rights and Freedoms.