Constitution of the Co-operative Republic of Guyana 1980, as amended to 2016
Limitations and/or Derogations
  • English

    (2) The provisions of Title 1 of Part 26 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual 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. (Art. 40)
Limitations and/or Derogations
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    (1) This article applies to any period when -
    (a) Guyana is at war; or
    (b) there is in force a proclamation (in this article referred to as a "proclamation of emergency") made by the President declaring that a state of public emergency exists for the purposes of this article; or
    (c) there is in force a resolution of the National Assembly, in favour of which there were cast the votes of not fewer than two-thirds of all the elected members, declaring that democratic institutions in Guyana are threatened by subversion.
    (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of article 139, 140(2) or 143, any provision of article 144 other than paragraph (4) thereof, or any provision of articles 145 to 149 (inclusive) to the extent that the law in question makes in relation to any period to which this article applies provision, or authorises the doing during any such period of anything, which is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.
    … (Art. 150)
Limitations and/or Derogations
  • English
    (1) Subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature judiciary and all organs and agencies of Government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed.

    (5) Nothing contained in this article shall be construed so as to abrogate any human right, not enumerated herein, which a person had at the time of the commencement of this Article.
    (6) The State may divest itself or otherwise limit the extent of its obligation under any of the treaties listed in the Fourth Schedule, provided that two thirds of the elected members of the National Assembly have voted in favour of such divestment or limitation. (Art. 154A)
Links to all sites last visited 12 February 2024
2
Chapter IV on Citizenship.
3
Chapter II on Principles and Bases of the Political, Economic and Social System.
4
Chapter II on Principles and Bases of the Political, Economic and Social System.
5
Part of Title 1 on Protection of Fundamental Rights and Freedoms of the Individual.
6
Title 1 on Protection of Fundamental Rights and Freedoms of the Individual, Part 2 on Specific Rules.
7
Refer to Art. 213 on Protection of Pension Rights and Art. 214 on Power of Commissions in relation to pensions, etc.