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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)
Dominica
- English(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
…
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subject to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law far as that law makes provision-
…
(d) whereby persons of any such description as is mentioned is subsection (3) of this section may be subject to any disability or restriction or may be accorded any privilege or advantage that having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
… (Sec. 13)
Citizenship and Nationality
Dominica
- English(1) Every person who, having been born in Dominica, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen of Dominica at such commencement.
(2) Every person who, immediately before the commencement of this Constitution is a citizen of the United Kingdom and Colonies—
(a) having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalised in Dominica as a British subject before that Act came into force; or
(b) having become such a citizen by virtue of his having been naturalised or registered in Dominica under the British Nationality Acts 1948 to 1965,
shall become a citizen of Dominica at such commencement.
(3) Every person who, having been born outside Dominica, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death have become, a citizen of Dominica by virtue of subsection (1) or subsection (2) of this section, become a citizen of Dominica at such commencement. (Sec. 97)
Citizenship and Nationality
Dominica
- EnglishThere shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship of Dominica by persons who are not eligible or who are no longer eligible to become citizens of Dominica under the provisions of this Chapter2;
(b) depriving of his citizenship of Dominica any person who is a citizen of Dominica otherwise than by virtue of section 97, 98 or 99 of this Constitution;
(c) the renunciation by any person of his citizenship of Dominica. (Sec. 101)
Citizenship and Nationality
Dominica
- English(1) The following persons shall be entitled, upon making application and, in the case of a British protected person or an alien who has attained the age of eighteen years, taking the oath of allegiance, to be registered as citizens of Dominica—
(a) any person who, being a Commonwealth citizen, is and for the previous seven years has been ordinarily resident in Dominica;
(b) any person who, having been a citizen of Dominica by virtue of the provisions of subsection (1) and (2) of section 97 or section 98 of the Constitution has renounced his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
(c) any person under the age of eighteen years who is the child, stepchild or child — adopted in a manner recognised by law of person who is or was before his death or would but for his death become a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution.
(2) An application under this section shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and in the case of a person to whom subsection (1)(c) of this section applies, it shall be made on his behalf by his parent or guardian before he attains the age of eighteen years or such later age as may be so prescribed. (Sec. 100)
Citizenship and Nationality
Dominica
- EnglishA person born outside Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth if, at that date, his father or mother is a citizen of Dominica by virtue of the provisions of subsection (1) or (2) of section 97 or section 98 of this Constitution. (Sec. 99)
Citizenship and Nationality
Dominica
- EnglishEvery person born in Dominica after the commencement of this Constitution shall become a citizen of Dominica at the date of his birth:
Provided that a person shall not become a citizen of Dominica by virtue of this section if at the time of his birth—
(a) his father or mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Dominica, and is not a citizen of Dominica; or
(b) his father or mother is a citizen of a country with which Dominica is at war, and the birth occurs in a place then under occupation by the enemy. (Sec. 98)
Employment Rights and Protection
Dominica
- EnglishWhereas the People of Dominica—
…
(b) respect the principles of social justice and therefore believe that the operation of the economic system should result in so distributing the material resources of the community as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
… (Preamble)
Equality and Non-Discrimination
Dominica
- EnglishWhereas every person in Dominica is entitled to the fundamental rights and freedoms, that is to say, the rights whatever his race, place of origins, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
(a) … the protection of the law;
… (Sec. 1)
Equality and Non-Discrimination
Dominica
- EnglishWHEREAS the People of Dominica—
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
… (Preamble)
Equality and Non-Discrimination
Dominica
- English(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subject to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law far as that law makes provision-
…
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons of that description;
(d) whereby persons of any such description as is mentioned is subsection (3) of this section may be subject to any disability or restriction or may be accorded any privilege or advantage that having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contraventions subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relation to sex, race, place of origin, political opinions, colour or creed) to be required of any person who is appointed to or to act in any office or employment.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.
(7) Nothing contained in or Done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of nay such description as is mentioned in subsection (3) of this section may be subject to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by section 7(2) section 9(5), section 10(2), section 11(2) or paragraph (a), (b), or (h) of section (12(3), as the case may be.
(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. (Sec. 13)