Protection from discrimination on the grounds of race, etc.

Constitution of Bahamas

Protection form discrimination on the grounds of race, etc.

26.- (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-

a) for the appropriation of revenues or other funds of The Bahamas or for the imposition of taxation (including the levying of feed for the grant of licenses); or

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 f 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 ; or

e) 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.

(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.

Protection from discrimination on the grounds of race etc

Protection from discrimination on the grounds of race etc

Protection from discrimination on the grounds of race, etc.

Chapter I - The Constitution

Chapter II - Citizenship

Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual

Chapter IV - The Governor-general

Chapter V - Parliament

Part 1 - Composition of Parliament

Part 2 - The Senate

Part 3 - House of Assembly

Part 4 - Powers and Procedure of Parliament

Part 5 - Summoning Prorogation and Dissolution

Part 6 - Delimitation of Constituencies

Chapter VI - The Executive

Chapter VII - The Judicature

Part 1 - The Supreme Court

Part 2 - Court of Appeal

Part 3 - Appeals to Court of Appeal and Her Majesty in Council

Chapter VIII - The Public Service

Part 1 - The Public Service Commission

Part 2 - Appointments etc. of Public Officers

Part 3 - The Public Service Board of Appeal

Part 4 - The Judicial and Legal Service Commission

Part 5 - The Police Service Commission

Part 6 - Pensions

Part 7 - Miscellaneous

Chapter IX - Finance

Chapter X - Interpretation