Search Database
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.
Status of the Constitution
Saint Kitts and Nevis, English
This Constitution is the supreme law of Saint Christopher and Nevis 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. 2)
Judicial Protection
Saint Kitts and Nevis, English
Subject to section 36, 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 (which relates to the enforcement of the fundamental rights and freedoms);
… (Sec. 98)
Obligations of Private Parties
Saint Kitts and Nevis, English
Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, … (Sec. 3)
Obligations of the State
Saint Kitts and Nevis, English
WHEREAS the People of Saint Christopher and Nevis
…
(b) assert that they are entitled to the protection of fundamental rights and freedoms;
… (Preamble)
Obligations of the State
Saint Kitts and Nevis, English
Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, birth, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, … (Sec. 3)
Judicial Protection
Saint Kitts and Nevis, English
(1) If any person alleges that any of the provisions of sections 3 to 17 (inclusive) has been, is being or is likely to be contravened in relation to him or her (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); and
(b) to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) and may make such declarations 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): 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 alleged 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 or 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); the person presiding in that court may and, if any party to the proceedings so requests, shall refer the question to the High Court unless, in his or her 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 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) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by the legislature for the purpose of enabling it 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)
Citizenship and Nationality
Saint Kitts and Nevis, English
The following persons shall become citizens on 19th September 1983:
(a) every person who, having been born in Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen;
(b) every person who, having been born outside Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen by virtue of registration or naturalization in Saint Christopher and Nevis or by virtue of his or her adoption in Saint Christopher and Nevis in a manner recognized by law;
(c) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either of whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (d);
(d) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and who is or has been married to a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (c);
(e) every other person who, having been born, adopted in a manner recognised by law, registered or, as the case may be, naturalized in Anguilla before 19th December 1980 and having been ordinarily resident in Saint Christopher and Nevis since a date earlier than that date, was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen;
(f) any person who was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a) or (b);
(g) every other person who immediately before that date by virtue of section 113(10) of the Constitution then in force belonged to Saint Christopher and Nevis for the purposes of that Constitution; and
(h) every other person who was immediately before that date under the age of eighteen years and is the child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of any of the preceding paragraphs. (Sec. 90)
Citizenship and Nationality
Saint Kitts and Nevis, English
The following persons born on or after 19th September 1983 shall become citizens at the date of their birth:
(a) every person born in Saint Christopher and Nevis: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his or her birth
(i) neither of his or her 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 Saint Christopher and Nevis; or
(ii) either of his or her 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 Saint Christopher and Nevis if at the date of his or her birth either of his or her parents is, or but for death would have become, a citizen by virtue of paragraph (a) of section 90; and
(c) every person born outside Saint Christopher and Nevis if at the date of his or her birth either of his or her parents is, or but for death would have become, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Saint Christopher and Nevis for the proper discharge of his or her functions. (Sec. 91)
Citizenship and Nationality
Saint Kitts and Nevis, English
(1) The following persons shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizens:
(a) any person who is married to a citizen;
(b) any person who, being a Commonwealth citizen, is ordinarily resident in Saint Christopher and Nevis having been so resident for the period of fourteen years immediately preceding the date of his or her application;
(c) any person who, having been a citizen, has renounced his or her citizenship;
(d) any person who, but for renunciation of citizenship, would have become a citizen by virtue of section 90;
(e) any person who is married to any such person as is mentioned in paragraph (b), (c) or (d);
(f) any person who
(i) was married to a person who but for his or her death would have become a citizen by virtue of section 90; or
(ii) was married to a person who became a citizen by virtue of that section, but whose marriage to that person had been terminated by dissolution at any time before 19th September 1983 after having subsisted for at least three years;
(g) any person under the age of eighteen years who is the child of a citizen or the child of a person who is or would but for his or her death have been entitled to be registered as a citizen under any of the preceding paragraphs; and
(h) such other persons as may be prescribed by Parliament:
Provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he or she is satisfied that there are reasonable grounds for refusing the application.
(2) An application for registration under subsection (1) 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 under the age of eighteen years, it shall be made on his or her behalf by his or her parent or guardian:
Provided that, if any such person is or has been married, he or she may make the application himself or herself.
… (Sec. 92)
Citizenship and Nationality
Saint Kitts and Nevis, English
(1) If a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he or she shall not, by reason only that he or she is or may become a citizen of that other country, be refused registration under that section or be required to renounce his or her citizenship of that country as a condition of being registered under that section.
… (Sec. 93)