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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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Affirmative Action (Broadly)
Saint Lucia
- 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
Saint Lucia
- 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;
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(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
Saint Lucia
- EnglishA person born outside Saint Lucia after the commencement of this Constitution shall become a citizen at the date of his or her birth if, at that date, his or her father or mother is a citizen otherwise than by virtue of this section or section 99(3). (Sec. 101)
Citizenship and Nationality
Saint Lucia
- EnglishEvery 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
Saint Lucia
- 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 or her father or mother becomes, or would but for his or her death or the renunciation of his or her citizenship of the United Kingdom and Colonies have become, a citizen by virtue of subsection (1) or (2), become a citizen at such commencement.
(4) Every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies would have become, a citizen by virtue of subsection (1), (2) or (3), 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
Saint Lucia
- EnglishThere 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 Chapter2;
(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)
Employment Rights and Protection
Saint Lucia
- 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.
…
(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)
Employment Rights and Protection
Saint Lucia
- EnglishWHEREAS the People of Saint Lucia-
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(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
Saint Lucia
- 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—
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(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)
Equality and Non-Discrimination
Saint Lucia
- EnglishWhereas 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)