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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. Experience its wealth and depth of information by starting your search now.

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Obligations of the State

Antigua and Barbuda, English

Except as is otherwise expressly provided in this Constitution, no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of the fundamental rights and freedoms of the individual herein before recognised and declared. (Sec. 19)

Judicial Protection

Antigua and Barbuda, English

1. If any person alleges that any of the provisions of sections 3 to 17 (inclusive) of this Constitution 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 that 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) of this section; and
b. to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
- and may make such declaration and 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 3 to 17 (inclusive) of this Constitution:
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleges are or have been available to the person concerned under any other law.
3. If in any proceedings in any court (other than the Court of Appeal, the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 3 to 17 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, 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) of this section, 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 to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
5. There shall be such provision as may be made by Parliament for conferring upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section. 6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). (Sec. 18)

Obligations of the State

Antigua and Barbuda, English

WHEREAS the People of Antigua and Barbuda-
a. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person, the entitlement of all persons to the fundamental rights and freedoms of the individual, the position of the family in a society of free men and women and free institutions;

e. desire to establish a framework of supreme law within which to guarantee their inalienable human rights and freedoms, among them, the rights to liberty, property, security and legal redress of grievances, as well as freedom of speech, of the press and of assembly, subject only to the public interest:
… (Preamble)

Judicial Protection

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-

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);
… (Sec. 121)

Obligations of Private Parties

Antigua and Barbuda, English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, 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, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid 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. 3)

Obligations of the State

Antigua and Barbuda, English

Whereas every person in Antigua and Barbuda is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, 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, the enjoyment of property and the protection of the law;
b. freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
c. protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid 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. 3)

National Human Rights Bodies

Antigua and Barbuda, English

1. There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.

4. Parliament may make provision for the functions, powers and duties of the Ombudsman.
… (Sec. 66)

Citizenship and Nationality

Antigua and Barbuda, English

1. Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 1st November 1981 the national status that the father would have had if he had died on that day shall be deemed to be his national status at the time of his death: Provided that in the case of a child born out of wedlock references to the mother shall be substituted for such references to the father.
2. In this Chapter- "child" includes a child born out of wedlock and not legitimated;
"father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child or has been found by a court of competent jurisdiction to be the father of the child;
"parent" includes the mother of a child born out of wedlock.
… (Sec. 118)

Citizenship and Nationality

Antigua and Barbuda, English

1. Without prejudice to and subject to the provisions of sections 11, 112, 113, 114 and 115 of this Constitution, Parliament may, pursuant to the provisions of this section, make provision for the acquisition of citizenship by registration.
… (Sec. 116)

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)