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Status of International Law

Barbados, English

(1) The Caribbean Court of Justice
(a) shall have exclusive and compulsory jurisdiction in
(i)
 disputes between Contracting Parties to the Agreement;
(ii)
 disputes between any Contracting Parties to the Agreement and the Community;
(iii) referrals from national courts or tribunals of Contracting Parties to the Agreement;
(iv) concerning the interpretation and application of the Treaty;
(b) shall have exclusive jurisdiction
(i) to deliver advisory opinions concerning the interpretation and application of the Treaty upon the request of Contracting Parties or the Community;
(ii) where there is a dispute as to whether the Court has jurisdiction in a matter, to decide whether the Court has such jurisdiction; and
(c) shall be the final Court of Appeal from any decision given by the Court of Appeal.
(2) Where a court or tribunal is seised of an issue whose resolution involves a question concerning the interpretation or application of the Treaty, the court or tribunal shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, before delivering judgment, refer the question to the Court for determination.
(3) The Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
(4) A decision of the Court concerning Barbados shall be enforced in Barbados in like manner as if it were a decision of the High Court. (Sec. 79D)

Status of International Law

Barbados, English

(1) The Attorney-General may, in the case of any offence to which this section applies, give general or special directions to the Director of Public Prosecutions as to the exercise of the powers conferred upon the Director of Public Prosecutions by section 79, and the Director of Public Prosecutions shall act in accordance with those directions.
(2) This section applies to-

(b) any offence under an enactment relating to any right or obligation of Barbados under international law. (Sec. 79A)

Status of International Law

Barbados, English

For the purposes of this Chapter,
"Agreement" means the Agreement establishing the Caribbean Court of Justice, to which Barbados is a party, and which was signed at Bridgetown, Barbados on 14th February, 2002;
"Court" means the Caribbean Court of Justice;

"Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy,
(a) which was signed in the Bahamas on 5th July, 2001; and
(b) to which Barbados is a party. (Sec. 79B)

Judicial Protection

Barbados, English

(1) An appeal to the Court of Appeal shall lie as of right from final decisions of the High Court given in exercise of the jurisdiction conferred on the High Court by section 24 (which relates to the enforcement of fundamental rights and freedoms).
(2) An appeal shall lie as of right to the Caribbean Court of Justice from any decision given by the Court of Appeal in any such case.
… (Sec. 87)

Obligations of the State

Barbados, English

Whereas every person in Barbados is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, 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 and security of the person;
(b) protection for the privacy of his home and other property and from deprivation of property without compensation;
(c) the protection of the law; and
(d) freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 11)

Obligations of the State

Barbados, English

… Now, therefore, the people of Barbados
(a) proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity of the human person, their unshakeable faith in fundamental human rights and freedoms and the position of the family in a society of free men and free institutions;
… (Preamble)

Judicial Protection

Barbados, English

(1) Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23 has been, is being or is likely to be contravened in relation to him (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 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 12 to 23: Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall 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), 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 under this Constitution to the Court of Appeal or to the Caribbean Court of Justice, in accordance with the decision of the Court of Appeal or, as the case may be, of the Caribbean Court of Justice.
(5) Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) Parliament may make provision with respect to the practice and procedure–
(a) of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
(b) of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction;
(c) of the Court of Appeal and the Caribbean Court of Justice in relation to appeals to the Caribbean Court of Justice from decisions of the Court of Appeal in the exercise of such jurisdiction; and
(d) of subordinate courts in relation to references to the High Court under subsection (3);
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
… (Sec. 24)

Obligations of Private Parties

Barbados, English

Whereas every person in Barbados is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, 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 and security of the person;
(b) protection for the privacy of his home and other property and from deprivation of property without compensation;
(c) the protection of the law; and
(d) freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 11)

Status of the Constitution

Barbados, English

This Constitution is the supreme law of Barbados 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. 1)

Marriage and Family Life

Barbados, English

… Now, therefore, the people of Barbados
(a) proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity of the human person, their unshakeable faith in fundamental human rights and freedoms and the position of the family in a society of free men and free institutions;
… (Preamble)