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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.

About 54 results

Affirmative Action (Broadly)

Antigua and Barbuda, 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 race, place of origin, political opinions or affiliations, colour, creed, or sex 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 that are not accorded to persons of another such description.
4. Subsection (1) of this section shall not apply to any law so far as the law makes provision-

c. whereby persons of any such description as is mentioned in subsection (3) of this section 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. 14)

Employment Rights and Protection

Antigua and Barbuda, English

WHEREAS the People of Antigua and Barbuda-

b. respect the principles of social justice and, therefore, believe that the operation of their economic system should result in the material resources of their community being so distributed as to serve 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)

Jurisdiction and Access

Antigua and Barbuda, English

1. Subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 123(7)(b) and 124 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter II3) has been or is being contravened may, if he 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 II) 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 provision, or authorise the making of provision, 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 is such as to affect his interests.
6. The rights 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 or any rule of 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 44 of this Constitution. (Sec. 119)

Jurisdiction and Access

Antigua and Barbuda, English

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Antigua and Barbuda (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.
… (Sec. 120)

Jurisdiction and Access

Antigua and Barbuda, English

Subject to the provisions of section 44 of this Constitution, 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 18 of this Constitution (which relates to the enforcement of the fundamental rights and freedom); and
c. such other cases as may be prescribed by Parliament. (Sec. 121)

Jurisdiction and Access

Antigua and Barbuda, 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. 122)

Citizenship and Nationality

Antigua and Barbuda, English

The following persons shall become citizens on 1st November 1981-
a. every person who, having been born in Antigua, was on 31st October 1981, a citizen of the United Kingdom and Colonies;
b. every person born outside Antigua if either of his parents or any one of his grandparents was born therein or was registered or naturalized while resident in Antigua;
c. every person who on 31st October 1981 was a citizen of the United Kingdom and Colonies
i. having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalized while resident in Antigua as a British subject before the Act came into force; or
ii. having while resident in Antigua become such a citizen by virtue of his having been naturalized or registered under that Act;
d. every person who, having been born outside Antigua was on 31st October 1981 a citizen of the United Kingdom and Colonies and if his 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 paragraph (a), (b) or (c) of this section;
e. 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 paragraph (a), (b), (c) or (d) of this section, was a citizen of the United Kingdom and Colonies on 31st October 1981;
f. every person who on 31st October 1981 was under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognized by law, of such a person as is mentioned in any of the preceding paragraphs of this section. (Sec. 112)

Citizenship and Nationality

Antigua and Barbuda, English

The following persons shall become citizens at the date of their birth on or after 1st November 1981-
a. every person born in Antigua and Barbuda:
Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth
i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or
ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country;
b. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is or would have been but for that parent's death, a citizen by virtue of section 112 of this Constitution or paragraph (a) of this section;
c. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is, or would have been but for that parent's death, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Antigua and Barbuda for the proper discharge of his or her functions. (Sec. 113)

Citizenship and Nationality

Antigua and Barbuda, English

1. Subject to the provisions of paragraph (e) of section 112 and of section 117 of this Constitution, the following persons shall be entitled, upon making application, to be registered on or after 1st November 1981-
a. any person who, on 31st October 1981-
i. was married to a person who becomes a citizen by virtue of section 112 of this Constitution; or
ii. was married to a person who, having died before 1st November 1981, would have but for his or her death, become a citizen by virtue of that section: Provided that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;
b. any person who-
i. was married to a person who is or becomes a citizen; or
ii. was married to a person who was or, but for his or her death, would have become a citizen:
Provided that no application shall be allowed from such person before the marriage has subsisted for upwards of three years and that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;
c. i. every person being a Commonwealth citizen who on 31st October 1981 was domiciled in Antigua and had been ordinarily resident therein for a period of not less than seven years preceding that day;
ii. any person who being a Commonwealth citizen is domiciled in Antigua and Barbuda and has for a period of not less than seven years immediately preceding his application been lawfully ordinarily resident in Antigua and Barbuda (whether or not that period commenced before 1st November 1981);
d. any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen on 1st November 1981;
e. any person who, having been a citizen, had to renounce his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;
f. any person under the age of eighteen years who is the child, 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 death have been entitled to be registered as a citizen under this subsection.
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) (f) of this section applies, it shall be made on his behalf by his parent or guardian:
Provided that if the person to whom subsection (1) (f) of this section applies is or has been married, the application may be made by that person. (Sec. 114)

Citizenship and Nationality

Antigua and Barbuda, English

1. A person, who on 1st November 1981, is a citizen or entitled to be registered as such and is also a citizen of some other country or entitled to be registered as such shall not solely on the ground that he is or becomes a citizen of that country, be
a. deprived of his citizenship;
b. refused registration as a citizen; or
c. required to renounce his citizenship of that other country, by or under any law.
2. A person referred to in subsection (1) of this section shall not
a. be refused a passport of Antigua and Barbuda or have such a passport withdrawn, cancelled, or impounded solely on the ground that he is in possession of a passport issued by some other country of which he is a citizen; or
b. be required to surrender or be prohibited from acquiring a passport issued by some other country of which he is a citizen before being issued with a passport of Antigua and Barbuda or as a condition of retaining such a passport. (Sec. 115)