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Equality and Non-Discrimination

Saint Vincent and the Grenadines, English

WHEREAS the Peoples of the Island of Saint Vincent, who are known as Vincentians-

b. desire that their society be so ordered as to express their recognition of the principles of democracy, free institutions, social justice and equality before the law;
… (Preamble)

Equality and Non-Discrimination

Saint Vincent and the Grenadines, 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.
(2) Subject to the provisions of subsections (6),(7) and (8) of this section, no persons shall be treated in a discriminatory manner by any persons acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(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, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such descriptions are not made subject or are recorded privileges of advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law do far as that law makes provision-

c. for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;
d. 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.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place or origin, political opinions, color or creed) to be required of any person who is appointed to or to act in any office or employment.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7,9,10,11 add 12 if this Constitution, being such a restriction as is authorized by section 7(2), section 9(5)m section 10(2)m section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be.
(8) Nothing in subsection (2) of this section 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. (Sec. 13)

Equality and Non-Discrimination

Saint Vincent and the Grenadines, English

Where every person in Saint Vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions,color, 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;
… (Sec. 1)

Citizenship and Nationality

Saint Vincent and the Grenadines, English

Every person born in Saint Vincent after the commencement of this Constitution shall become a citizen at the date of his birth: Provided that a person shall not become a citizen by virtue of this section if at the time of his birth-
a. neither of his parents is a citizen of Saint Vincent and his father or mother possesses such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Vincent; or
b. his father is a citizen of a country with which Saint Vincent is at war and the birth occurs in a place then under occupation by that country. (Sec. 91)

Citizenship and Nationality

Saint Vincent and the Grenadines, English

(1) Every person who, having been born in Saint Vincent, 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 (a) by virtue of this having been naturalized in Saint Vincent as a British subject before that Act came into force; or
b. having while resident in Saint Vincent become such a citizen by virtue of his having been naturalized or registered under that Act, shall become a citizen at such commencement.
(3) Every person who, having been born outside Saint Vincent, is immediately before the commencement of this Constitution a citizen of the United Kingdom and Colonies shall, if his father or mother becomes, or would but for his death or the renunciation of his citizenship of the United Kingdom and Colonies have become,a citizen by virtue of subsection (1) or subsection (2) of this section, 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) of this section, is a citizen of the United Kingdom and Colonies immediately before the commencement of this Constitution shall become a citizen at such commencement. (Sec. 90)

Citizenship and Nationality

Saint Vincent and the Grenadines, English

There shall be such provisions 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 Chapter:
b. depriving of his citizenship any person who is a citizen otherwise than by virtue of section 90, 91 or 92 of this Constitution;
c. the renunciation by any person of his citizenship. (Sec. 94)

Citizenship and Nationality

Saint Vincent and the Grenadines, English

A person born outside Saint Vincent after the commencement of this Constitution shall become a citizen at the date of his birth if, at that date, his father or mother is a citizen otherwise than by virtue of this section or section 90(3) of this Constitution. (Sec. 92)

Citizenship and Nationality

Saint Vincent and the Grenadines, English

(1) In this Chapter-

"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.
… (Sec. 95)

Citizenship and Nationality

Saint Vincent and the Grenadines, 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. of this subsection 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 90 of this Constitution; or
ii) who, having died before such commencement, would but for his death have become a citizen by virtue of that section,
(2) The following persons shall be entitled, upon making application, 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 seven years previous to his application has been ordinarily resident in Saint Vincent;
c. any man who is married to any such person as is mentioned in paragraph (b), (c) or (d) of subsection (1) of this section 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 apply to be registered as a citizen under any such paragraph;
d. any person under the age of twenty-one 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 death have been entitled to be registered as a citizen under subsection (1) of this section:
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 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) of this section applies, it shall be made on his behalf by his parent or guardian:
Provided that, if any such person is or has been married, he may make the application himself.
… (Sec. 93)

Jurisdiction and Access

Saint Vincent and the Grenadines, English

(1) Subject to the provisions of section 22(2), 38(8)(b), 102(2) and 105(10) of this Constitution, any person who alleges that any provisions of this Constitution (other than a provision of Chapter 1 thereof) 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 1 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 provisions 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 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 36 of this Constitution. (Sec. 96)