Constitutional Order of Saint Lucia 1978, as amended to 1980


Affirmative Action (Broadly)

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so far as that law makes provision—

(d) whereby persons of any such description as is mentioned in subsection (3) 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.
… (Sec. 13)

Citizenship and Nationality

(1) Every person who, having been born in Saint Lucia, 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 of the United Kingdom by virtue of his or her having been naturalised in Saint Lucia as a British subject before that Act came into force; or
(b) having while resident in Saint Lucia become such a citizen by virtue of his or her having been naturalised or registered under the British Nationality Act 1948 of the United Kingdom, shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Lucia, 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 this 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. (Sec. 99)

Citizenship and Nationality

Every person born in Saint Lucia after the commencement of this, Constitution shall become a citizen at the date of his or her birth:
Provided that a person shall not become a citizen by virtue of this section if at the time of his or her birth—
(a) neither of his or her parents is a citizen of Saint Lucia and his or her father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Lucia; or
(b) his or her father is a citizen of a country with which Saint Lucia is at war and the birth occurs in a place then under occupation by that country. (Sec. 100)

Citizenship and Nationality

A person born outside Saint Lucia 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 99(3) of this Constitution. (Sec. 101)

Citizenship and Nationality

(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;

(e) any woman who is married to any such person as is mentioned in paragraph (b), (c) or (d) 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 99;
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, upon making application, be entitled 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 7 years previous to his or her application has been ordinarily resident in Saint Lucia;
(c) any man who is married to any such person as is mentioned in subsection (l)(b), (1)(c) or (1)(d) or who was married to a person who, at any time during the period during which they were married too each other, was entitled to apply to be registered as a citizen under any such paragraph;
(d) any person under the age of 21 years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his or her death have been entitled to be registered as a citizen under subsection (l):
Provided that if it is so provided by Parliament an application for registration as a citizen under this 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 or she is satisfied that there are reasonable grounds for refusing the application.
(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) applies, it shall be made on his or her behalf by his or her parent or guardian:
Provided that if any such person is or has been married, he or she may make the application himself or herself.
… (Sec. 102)

Citizenship and Nationality

There shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this Chapter;
(b) depriving of his or her citizenship any person who is a citizen otherwise than by virtue of section 99, 100 or 101;
(c) the renunciation by any person of his or her citizenship. (Sec. 103)

Jurisdiction and Access

(1) Subject to the provisions of sections 22(2), 37(6), 41(11), 58(7), 117(8), 121(3) and 124(10), 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 or she 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 it considers appropriate, being a remedy available generally under any law 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 or her is such as to affect his or her 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 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 39. (Sec. 105)

Jurisdiction and Access

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Lucia (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. 106)

Jurisdiction and Access

Subject to the provisions of section 39(8), 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 (which relates to the enforcement of the fundamental rights and freedoms); and
(c) such other cases as may be prescribed by Parliament. (Sec. 107)

Jurisdiction and Access

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council 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;
… (Sec. 108)

Employment Rights and Protection

WHEREAS the People of Saint Lucia-

(f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed 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 Saint Lucia-

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
… (Preamble)

Equality and Non-Discrimination

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
… (Sec. 1)

Equality and Non-Discrimination

(1) Subject to the provisions of subsections (4), (5) and (7), 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), 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 subjected 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) shall not apply to any law so 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) (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 in subsection (3) 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) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating 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) 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 (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12, being such a restriction as is authorised by section 7(2), 9(5), 10(2), 11(2), 12(3)(a), 12(3)(b) or 12(3)(h), as the case may be.
(8) Nothing contained in subsection (2) 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 Saint Lucia-

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
(c) recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;
(d) maintain that these freedoms can only be safeguarded by the rule of law;

(j) desire that this Constitution shall reflect and make provisions for ensuring and protecting these rights, freedoms and values.
… (Preamble)

Obligations of the State

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her family life, his or her personal privacy, the privacy of his or her 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 or the public interest. (Sec. 1)

Obligations of Private Parties

WHEREAS the People of Saint Lucia-

(h) consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognized in this Constitution;
… (Preamble)

Obligations of Private Parties

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her family life, his or her personal privacy, the privacy of his or her 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 or the public interest. (Sec. 1)

Judicial Protection

(1) If any person alleges that any of the provisions of sections 2 to 15 inclusive has been, is being or is likely to be contravened in relation to him or her (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3), and may make such 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):
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), 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 or her 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), 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 Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) 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

Subject to the provisions of section 39(8), 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 (which relates to the enforcement of the fundamental rights and freedoms); and
… (Sec. 107)

Limitations and/or Derogations

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her family life, his or her personal privacy, the privacy of his or her 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 or the public interest. (Sec. 1)

Limitations and/or Derogations

(1) Without prejudice to the powers of Parliament, but subject to the provisions of this section, where any period of public emergency exists, the Governor General may, due regard being had to the circumstances of any situation likely to arise or exist during such period, make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or her or any other person by any law referred to in subsection (3) or instrument made under this section or any such law.
(2) Without prejudice to the generality of subsection (1) regulations made under that subsection may make provision for the detention of persons.
(3) A law enacted by Parliament that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulation made under subsection (1) shall have effect even though inconsistent with sections 3 or 13 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period. (Sec. 14)

Marriage and Family Life

WHEREAS the People of Saint Lucia-

(e) realize that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
… (Preamble)

Marriage and Family Life

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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 his or her family life, his or her personal privacy, the privacy of his or her home and other property and from deprivation of property without compensation,
… (Sec. 1)

Marriage and Family Life

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so 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) (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)

Marriage and Family Life

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases—

(b) final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 108)

Participation in Public Life and Institutions

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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 contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating 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 the People of Saint Lucia-

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
(c) recognize that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;

(g) express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage.
… (Preamble)

Political Rights and Association

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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 or to form or belong to political parties or other political associations.
… (Sec. 11)

Political Rights and Association

(2)
(a) Every Commonwealth citizen of the prescribed age who possesses such qualifications relating to residence or domicile in Saint Lucia as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as a voter for the purpose of electing members of the House, 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 or she is disqualified by Parliament from voting in that constituency in any election of members of the House, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(c) For the purposes of this subsection the prescribed age shall be the age of 21 years or such lower age, not being less than 18 years, as Parliament may prescribe.
… (Sec. 33)

Electoral Bodies

(1) The Electoral Commission shall be responsible for the registration of voters for the purpose of electing members of the House and for the conduct of elections of members of the House and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
… (Sec. 37)

Head of State

There shall be a Governor-General of Saint Lucia who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Saint Lucia. (Sec. 19)

Government

(1) There shall be a Prime Minister of Saint Lucia who shall be appointed by the Governor General.
(2) Whenever the Governor General has occasion to appoint a Prime Minister he or she shall appoint a member of the House who appears to him or her likely to command the support of the majority of the 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 Governor General, 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 Governor General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House.
… (Sec. 60)

Government

(1) There shall be a Cabinet of Ministers for Saint Lucia which shall consist of the Prime Minister and the other Ministers.
… (Sec. 61)

Legislature

There shall be a Parliament of Saint Lucia which shall consist of Her Majesty, a Senate and a House of Assembly. (Sec. 23)

Legislature

(1) The Senate shall consist of 11 Senators and such other Senators as may be temporarily appointed under section 28.
(2) Of the 11 Senators—
(a) 6 shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister;
(b) 3 shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition; and
(c) 2 shall be appointed by the Governor General, acting in his or her own deliberate judgment after he or she has consulted those religious, economic or social bodies or associations from which he or she considers that such Senators should be selected. (Sec. 24)

Legislature

Subject to the provisions of section 26, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he or she—
(a) is a Commonwealth citizen who has attained the age of 21 years2;            
(b) has been ordinarily resident in Saint Lucia for a period of 5 years immediately before the date of his or her appointment; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him or her to take an active part in the proceedings of the Senate. (Sec. 25)

Legislature

(1) The House shall consist of such number of members as corresponds with the number of constituencies established in accordance with the provisions of section 58, who shall be elected in accordance with the provisions of section 33.
… (Sec. 30)

Legislature

Subject to the provisions of section 32, a person shall be qualified to be elected as a member of the House if, and shall not be so qualified unless, he or she—
(a) is a citizen of the age of 21 years or upwards;
(b) was born in Saint Lucia and is domiciled and resident there at the date of his or her nomination or, having been born elsewhere, has resided there for a period of 12 months immediately before 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 or her 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 58 shall return one member 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)

Property, Inheritance and Land Tenure

WHEREAS the People of Saint Lucia-

(e) realize that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
… (Preamble)

Property, Inheritance and Land Tenure

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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 his or her family life, his or her personal privacy, the privacy of his or her home and other property … (Sec. 1)

Property, Inheritance and Land Tenure

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so 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) (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 Saint Lucia-

(f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed 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 Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law 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

WHEREAS the People of Saint Lucia-

(e) realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
… (Preamble)

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. 97)

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 “pension 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. 98)

Status of the Constitution

This Constitution is the supreme law of Saint Lucia and, subject to the provisions of section 41, 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. 120)

Affirmative Action (Broadly)

English

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so far as that law makes provision—

(d) whereby persons of any such description as is mentioned in subsection (3) 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.
… (Sec. 13)

Citizenship and Nationality

English

(1) Every person who, having been born in Saint Lucia, 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 of the United Kingdom by virtue of his or her having been naturalised in Saint Lucia as a British subject before that Act came into force; or
(b) having while resident in Saint Lucia become such a citizen by virtue of his or her having been naturalised or registered under the British Nationality Act 1948 of the United Kingdom, shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Lucia, 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 this 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. (Sec. 99)

Citizenship and Nationality

English

Every person born in Saint Lucia after the commencement of this, Constitution shall become a citizen at the date of his or her birth:
Provided that a person shall not become a citizen by virtue of this section if at the time of his or her birth—
(a) neither of his or her parents is a citizen of Saint Lucia and his or her father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Lucia; or
(b) his or her father is a citizen of a country with which Saint Lucia is at war and the birth occurs in a place then under occupation by that country. (Sec. 100)

Citizenship and Nationality

English

A person born outside Saint Lucia 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 99(3) of this Constitution. (Sec. 101)

Citizenship and Nationality

English

(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;

(e) any woman who is married to any such person as is mentioned in paragraph (b), (c) or (d) 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 99;
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, upon making application, be entitled 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 7 years previous to his or her application has been ordinarily resident in Saint Lucia;
(c) any man who is married to any such person as is mentioned in subsection (l)(b), (1)(c) or (1)(d) or who was married to a person who, at any time during the period during which they were married too each other, was entitled to apply to be registered as a citizen under any such paragraph;
(d) any person under the age of 21 years who is the stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his or her death have been entitled to be registered as a citizen under subsection (l):
Provided that if it is so provided by Parliament an application for registration as a citizen under this 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 or she is satisfied that there are reasonable grounds for refusing the application.
(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) applies, it shall be made on his or her behalf by his or her parent or guardian:
Provided that if any such person is or has been married, he or she may make the application himself or herself.
… (Sec. 102)

Citizenship and Nationality

English

There shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this Chapter;
(b) depriving of his or her citizenship any person who is a citizen otherwise than by virtue of section 99, 100 or 101;
(c) the renunciation by any person of his or her citizenship. (Sec. 103)

Jurisdiction and Access

English

(1) Subject to the provisions of sections 22(2), 37(6), 41(11), 58(7), 117(8), 121(3) and 124(10), 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 or she 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 it considers appropriate, being a remedy available generally under any law 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 or her is such as to affect his or her 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 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 39. (Sec. 105)

Jurisdiction and Access

English

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Lucia (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. 106)

Jurisdiction and Access

English

Subject to the provisions of section 39(8), 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 (which relates to the enforcement of the fundamental rights and freedoms); and
(c) such other cases as may be prescribed by Parliament. (Sec. 107)

Jurisdiction and Access

English

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council 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;
… (Sec. 108)

Employment Rights and Protection

English

WHEREAS the People of Saint Lucia-

(f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed 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 Saint Lucia-

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
… (Preamble)

Equality and Non-Discrimination

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
… (Sec. 1)

Equality and Non-Discrimination

English

(1) Subject to the provisions of subsections (4), (5) and (7), 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), 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 subjected 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) shall not apply to any law so 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) (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 in subsection (3) 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) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating 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) 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 (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12, being such a restriction as is authorised by section 7(2), 9(5), 10(2), 11(2), 12(3)(a), 12(3)(b) or 12(3)(h), as the case may be.
(8) Nothing contained in subsection (2) 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 Saint Lucia-

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
(c) recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;
(d) maintain that these freedoms can only be safeguarded by the rule of law;

(j) desire that this Constitution shall reflect and make provisions for ensuring and protecting these rights, freedoms and values.
… (Preamble)

Obligations of the State

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her family life, his or her personal privacy, the privacy of his or her 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 or the public interest. (Sec. 1)

Obligations of Private Parties

English

WHEREAS the People of Saint Lucia-

(h) consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognized in this Constitution;
… (Preamble)

Obligations of Private Parties

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her family life, his or her personal privacy, the privacy of his or her 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 or the public interest. (Sec. 1)

Judicial Protection

English

(1) If any person alleges that any of the provisions of sections 2 to 15 inclusive has been, is being or is likely to be contravened in relation to him or her (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3), and may make such 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):
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), 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 or her 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), 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 Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) 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

Subject to the provisions of section 39(8), 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 (which relates to the enforcement of the fundamental rights and freedoms); and
… (Sec. 107)

Limitations and/or Derogations

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her family life, his or her personal privacy, the privacy of his or her 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 or the public interest. (Sec. 1)

Limitations and/or Derogations

English

(1) Without prejudice to the powers of Parliament, but subject to the provisions of this section, where any period of public emergency exists, the Governor General may, due regard being had to the circumstances of any situation likely to arise or exist during such period, make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or her or any other person by any law referred to in subsection (3) or instrument made under this section or any such law.
(2) Without prejudice to the generality of subsection (1) regulations made under that subsection may make provision for the detention of persons.
(3) A law enacted by Parliament that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulation made under subsection (1) shall have effect even though inconsistent with sections 3 or 13 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period. (Sec. 14)

Marriage and Family Life

English

WHEREAS the People of Saint Lucia-

(e) realize that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
… (Preamble)

Marriage and Family Life

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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 his or her family life, his or her personal privacy, the privacy of his or her home and other property and from deprivation of property without compensation,
… (Sec. 1)

Marriage and Family Life

English

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so 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) (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)

Marriage and Family Life

English

(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases—

(b) final decisions in proceedings for dissolution or nullity of marriage;
… (Sec. 108)

Participation in Public Life and Institutions

English

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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 contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating 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 the People of Saint Lucia-

(b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
(c) recognize that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;

(g) express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage.
… (Preamble)

Political Rights and Association

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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 or to form or belong to political parties or other political associations.
… (Sec. 11)

Political Rights and Association

English

(2)
(a) Every Commonwealth citizen of the prescribed age who possesses such qualifications relating to residence or domicile in Saint Lucia as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as a voter for the purpose of electing members of the House, 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 or she is disqualified by Parliament from voting in that constituency in any election of members of the House, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote.
(c) For the purposes of this subsection the prescribed age shall be the age of 21 years or such lower age, not being less than 18 years, as Parliament may prescribe.
… (Sec. 33)

Electoral Bodies

English

(1) The Electoral Commission shall be responsible for the registration of voters for the purpose of electing members of the House and for the conduct of elections of members of the House and shall have such powers and other functions relating to such registration and elections as may be prescribed by law.
… (Sec. 37)

Head of State

English

There shall be a Governor-General of Saint Lucia who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Saint Lucia. (Sec. 19)

Government

English

(1) There shall be a Prime Minister of Saint Lucia who shall be appointed by the Governor General.
(2) Whenever the Governor General has occasion to appoint a Prime Minister he or she shall appoint a member of the House who appears to him or her likely to command the support of the majority of the 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 Governor General, 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 Governor General, acting in accordance with the advice of the Prime Minister, from among the Senators and the members of the House.
… (Sec. 60)

Government

English

(1) There shall be a Cabinet of Ministers for Saint Lucia which shall consist of the Prime Minister and the other Ministers.
… (Sec. 61)

Legislature

English

There shall be a Parliament of Saint Lucia which shall consist of Her Majesty, a Senate and a House of Assembly. (Sec. 23)

Legislature

English

(1) The Senate shall consist of 11 Senators and such other Senators as may be temporarily appointed under section 28.
(2) Of the 11 Senators—
(a) 6 shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister;
(b) 3 shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition; and
(c) 2 shall be appointed by the Governor General, acting in his or her own deliberate judgment after he or she has consulted those religious, economic or social bodies or associations from which he or she considers that such Senators should be selected. (Sec. 24)

Legislature

English

Subject to the provisions of section 26, a person shall be qualified to be appointed as a Senator if, and shall not be so qualified unless, he or she—
(a) is a Commonwealth citizen who has attained the age of 21 years2;            
(b) has been ordinarily resident in Saint Lucia for a period of 5 years immediately before the date of his or her appointment; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him or her to take an active part in the proceedings of the Senate. (Sec. 25)

Legislature

English

(1) The House shall consist of such number of members as corresponds with the number of constituencies established in accordance with the provisions of section 58, who shall be elected in accordance with the provisions of section 33.
… (Sec. 30)

Legislature

English

Subject to the provisions of section 32, a person shall be qualified to be elected as a member of the House if, and shall not be so qualified unless, he or she—
(a) is a citizen of the age of 21 years or upwards;
(b) was born in Saint Lucia and is domiciled and resident there at the date of his or her nomination or, having been born elsewhere, has resided there for a period of 12 months immediately before 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 or her 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 58 shall return one member 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)

Property, Inheritance and Land Tenure

English

WHEREAS the People of Saint Lucia-

(e) realize that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
… (Preamble)

Property, Inheritance and Land Tenure

English

Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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 his or her family life, his or her personal privacy, the privacy of his or her home and other property … (Sec. 1)

Property, Inheritance and Land Tenure

English

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so 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) (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 Saint Lucia-

(f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed 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 Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, 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, equality before the law 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

WHEREAS the People of Saint Lucia-

(e) realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
… (Preamble)

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. 97)

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 “pension 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. 98)

Status of the Constitution

English

This Constitution is the supreme law of Saint Lucia and, subject to the provisions of section 41, 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. 120)

1

Links to all sites last visited 2 March 2016

2

Amended by Act 17 of 1980.