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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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Equality and Non-Discrimination

Bahamas, English

Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, 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. life, liberty, security of the person and the protection of the law;
… (Art. 15)

Equality and Non-Discrimination

Bahamas, English

1. Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.
2. Subject to the provisions of paragraphs (6), (9) and (10) of this Article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority.
3. In this Article, the expression “discriminatory” means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person 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. Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-

b. with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement of residence within, The Bahamas of persons who are not citizens of The Bahamas; or
c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
d. whereby persons of any such description as is mentioned in paragraph (3) for this Article may be subjected to any disability or restriction or may be accorded any privilege or advantage which 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 whit or in contravention of paragraph (1) of this Article to the extent that it makes provision with respect to standards or qualifications (not being a standard or qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for service as a public officer or as a member of a disciplined force of for the service of a local government authority or a body corporate established by law for public purposes.
6. Paragraph (2) of this Article shall not apply to anything which is expressly of by necessary implication authorized to be done by any such provision of law as is referred to in paragraphs (4) or (5) of this Article.
7. Subject to the provisions of subparagraph (4)(e) and of paragraph (9) of this Article no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.
8. Subject to the provisions of this Article no person shall be treated in a discriminatory manner-
a.in respect of any conveyance or lease or agreement for, or in consideration of , or collateral to, a conveyance or lease of any freehold or leasehold hereditament which have been offered for sale or lease to the general public;
b.in respect of any covenant or provision in any conveyance or lease or agreement for , or in consideration of, or collateral to, a conveyance or lease restricting by discriminatory provision the transfer, ownership, use or occupation of any freehold or leasehold hereditament which have been offered for sale or lease to the general public.
9. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) of this Article may be subjected to any restriction on the rights and freedoms guaranteed by Articles 21,22,23,24 and 25 of this Constitution, being such a restriction as is authorized by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.
10. Nothing in paragraph (2) of this Article 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. (Art. 26)

Property, Inheritance and Land Tenure

Bahamas, English

1. Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.

3. In this Article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person 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. Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-

c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 26)

Property, Inheritance and Land Tenure

Bahamas, English

Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, 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-

c. protection for the privacy of his home and other property … (Art. 15)

Government

Bahamas, English

1. Whenever there shall be occasion for the appointment of a Prime Minister, the Governor-General shall appoint as Prime Minister-
a. the member of the House of Assembly who is the leader of the party which commands the support of the majority of the members of that House, or
b. if it appears to him that party does not have an undisputed leader in that House or that no party commands the support of such a majority, the member of the House of Assembly who, in his judgment, is most likely to command the support of the majority of members of that House, and who is willing to accept the office of Prime Minister.
2. Subject to the provisions of paragraph (3) of this Article, the Ministers other than the Prime Minister shall be such persons as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint from among the Senators and the members of the House of Assembly.
… (Art. 73)

Legislature

Bahamas, English

Subject to the provisions of Article 48 of this Constitution a person shall be qualified to be elected as a member of the House of Assembly if, and shall not be qualified to be so elected unless, he-
a. is a citizen of The Bahamas of the age of twenty-one years or upwards; and
b. has ordinarily resided in The Bahamas for a period of not less than one year immediately before the date of his nomination for election. (Art. 47)

Legislature

Bahamas, English

2. The members of the House shall be known as "Members of Parliament" and shall be persons who, being qualified for election as Members of Parliament in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in The Bahamas. (Art. 46)

Legislature

Bahamas, English

There shall be a Parliament of The Bahamas which shall consist of Her majesty, a Senate and a House of Assembly. (Art. 38)

Political Rights and Association

Bahamas, English

1. Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests.
... (Art. 24)

Government

Bahamas, English

1. There shall be a Cabinet for The Bahamas which shall have the general direction and control of the government of The Bahamas and shall be collectively responsible thereof to Parliament.
2. The Cabinet shall consist of the Prime Minister and not less than eight other Ministers (of whom one shall be the Attorney-General), as may be appointed in accordance with the provisions of Article 73 of this Constitution. (Art. 72)