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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 56 results

Affirmative Action (Broadly)

Saint Lucia, English

(1) Subject to the provisions of subsections (4), (5) and (7), 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 subjected 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) shall not apply to any law so far as that law makes provision—

(d) whereby persons of any such description as is mentioned in subsection (3) 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. 13)

Jurisdiction and Access

Saint Lucia, English

(1) Subject to the provisions of sections 22(2), 37(6), 41(11), 58(7), 117(8), 121(3) and 124(10), any person who alleges that any provision of this Constitution (other than a provision of Chapter I3 thereof) has been or is being contravened may, if he or she 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 I thereof) 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 rules 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 or her is such as to affect his or her interests.
(6) The right 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.
(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 39. (Sec. 105)

Jurisdiction and Access

Saint Lucia, English

(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Lucia (other than the Court of Appeal, the High Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance 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 the decision is the subject of an appeal to the Court of Appeal or Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, Her Majesty in Council. (Sec. 106)

Jurisdiction and Access

Saint Lucia, English

Subject to the provisions of section 39(8), 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 16 (which relates to the enforcement of the fundamental rights and freedoms); and
(c) such other cases as may be prescribed by Parliament. (Sec. 107)

Jurisdiction and Access

Saint Lucia, 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. 108)

Citizenship and Nationality

Saint Lucia, English

(1) Every person who, having been born in Saint Lucia, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall become a citizen 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 of the United Kingdom by virtue of his or her having been naturalised in Saint Lucia as a British subject before that Act came into force; or
(b) having while resident in Saint Lucia become such a citizen by virtue of his or her having been naturalised or registered under the British Nationality Act 1948 of the United Kingdom,
shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Lucia, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his or her 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 subsection (1) or (2), become a citizen at such commencement.
(4) 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 subsection (1), (2) or (3), is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement. (Sec. 99)

Citizenship and Nationality

Saint Lucia, English

Every person born in Saint Lucia after the commencement of this, Constitution shall become a citizen at the date of his or her birth:
Provided that a person shall not become a citizen by virtue of this section if at the time of his or her birth—
(a) neither of his or her parents is a citizen of Saint Lucia and his or her father possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Lucia; or
(b) his or her father is a citizen of a country with which Saint Lucia is at war and the birth occurs in a place then under occupation by that country. (Sec. 100)

Citizenship and Nationality

Saint Lucia, English

A person born outside Saint Lucia after the commencement of this Constitution shall become a citizen at the date of his or her birth if, at that date, his or her father or mother is a citizen otherwise than by virtue of this section or section 99(3). (Sec. 101)

Citizenship and Nationality

Saint Lucia, English

(1) The following persons shall be entitled, upon making application, to be registered as citizens—
(a) any woman who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;

(e) any woman who is married to any such person as is mentioned in paragraph (b), (c) or (d) or who was married to a person who, at any time during the period during which they were married to each other, was entitled to be registered as a citizen under any such paragraph;
(f) any woman who, before the commencement of this Constitution, has been married to a person—
(i) who becomes a citizen by virtue of section 99; or
(ii) who, having died before such commencement, would but for his death have become a citizen by virtue of that section, but whose marriage has been terminated by death or dissolution before such commencement.
(2) The following persons shall, upon making application, be entitled to be registered as citizens—
(a) any man who is married to a citizen or who has been married to a person who, at any time during the period during which they were married to each other, was a citizen;
(b) any person who, being a Commonwealth citizen, is and for 7 years previous to his or her application has been ordinarily resident in Saint Lucia;
(c) any man who is married to any such person as is mentioned in subsection (l)(b), (1)(c) or (1)(d) or who was married to a person who, at any time during the period during which they were married too each other, was entitled to apply to be registered as a citizen under any such paragraph;
(d) any person under the age of 21 years who is the 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 or her death have been entitled to be registered as a citizen under subsection (l):
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.
(3) 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 (2)(d) applies, 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. 102)

Citizenship and Nationality

Saint Lucia, English

There shall be such provision as may be made by Parliament for—
(a) the acquisition of citizenship by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this Chapter2;
(b) depriving of his or her citizenship any person who is a citizen otherwise than by virtue of section 99, 100 or 101;
(c) the renunciation by any person of his or her citizenship. (Sec. 103)