Constitution of The BahamasIn briefLaws cannot discriminate, and public authorities cannot treat people differently because of race, place of origin, political opinions, colour or creed, with listed exceptions.
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.
Subject to paragraphs (4), (5) and (9) of this Article, no law may make any provision that is discriminatory, either in itself or in its effect.
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.
Subject to paragraphs (6), (9) and (10) of this Article, no one may be treated in a discriminatory way by any person acting under a written law or carrying out the functions of a public office or a public authority.
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.
In this Article, "discriminatory" means giving different treatment to different people wholly or mainly because of their race, place of origin, political opinions, colour or creed, so that people of one such description are subjected to disabilities or restrictions that people of another such description are not, or are given privileges or advantages that people of another such description are not given.
Paragraph (1) of this Article shall not apply to any law so far as that law makes provision-
Paragraph (1) of this Article does not apply to a law so far as it makes provision:
for the appropriation of revenues or other funds of The Bahamas or for the imposition of taxation (including the levying of fees for the grant of licences; or
for the appropriation (setting aside for spending) of the revenues or other funds of The Bahamas, or for imposing taxation (including charging fees for the grant of licences); or
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
about the entry into or exclusion from The Bahamas of people who are not citizens of The Bahamas, or about their employment, their carrying on of any business or profession, or their movement or residence within The Bahamas; or
with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or
about adoption, marriage, divorce, burial, the passing of property on death, or other matters of personal law; or
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; or
under which people of any description mentioned in paragraph (3) of this Article may be subjected to a disability or restriction, or given a privilege or advantage, that is reasonably justifiable in a democratic society having regard to its nature and to the special circumstances of those people or of people of any other such description; or
for authorizing the granting of licenses or certificates permitting the conduct of a lottery, the keeping of a gaming house or the carrying on of gambling in any of its forms subject to conditions which impose upon persons who are citizens of The Bahamas disabilities or restriction to which other persons are not made subject.
for authorising the grant of licences or certificates permitting the running of a lottery, the keeping of a gaming house or the carrying on of gambling in any form, subject to conditions that place on citizens of The Bahamas disabilities or restrictions that do not apply to other people.
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.
A law is not treated as inconsistent with or in breach of paragraph (1) of this Article to the extent that it sets standards or qualifications (other than a standard or qualification that specifically relates to race, place of origin, political opinions, colour or creed) for eligibility to serve as a public officer or as a member of a disciplined force, or to serve a local government authority or a body corporate (a legally recognised organisation) established by law for public purposes.
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.
Paragraph (2) of this Article does not apply to anything that is expressly, or by necessary implication, authorised by a provision of law of the kind referred to in paragraph (4) or (5) of this Article.
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.
Subject to sub-paragraph (4)(e) and paragraph (9) of this Article, no one may be treated in a discriminatory way regarding access to any of the following places that the general public has access to: shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.
Subject to the provisions of this Article no person shall be treated in a discriminatory manner-
Subject to this Article, no one may be treated in a discriminatory way:
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;
in any conveyance (transfer of ownership) or lease of freehold or leasehold property that has been offered for sale or lease to the general public, or in any agreement for, in exchange for, or connected with such a conveyance or lease;
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.
in any covenant (binding promise) or provision in such a conveyance, lease or agreement that uses a discriminatory provision to restrict the transfer, ownership, use or occupation of freehold or leasehold property that has been offered for sale or lease to the general public.
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.
A law, and anything done under it, is not treated as inconsistent with or in breach of this Article to the extent that the law allows people of any description mentioned in paragraph (3) of this Article to be subjected to a restriction on the rights and freedoms guaranteed by Articles 21, 22, 23, 24 and 25 of this Constitution, where the restriction is one authorised by Article 21(2)(a), 22(5), 23(2), 24(2) or 25(2)(a) or (e), as the case may be.
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.
Nothing in paragraph (2) of this Article affects any discretion (power to decide) that this Constitution or any other law gives to any person over starting, conducting or discontinuing civil or criminal proceedings in any court.