Protection from discrimination on the grounds of race etc

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.

Constitution of Bahamas


Chapter I - The Constitution


1. The State

2. The Constitution is supreme law

Chapter II - Citizenship


3. Persons who become citizens on 10th July 1973

4. Persons who become citizens on 9th July 1974

5. Persons entitled to be registered as citizens

6. Persons born in The Bahamas after 9th July 1973

7. Persons born The Bahamas after 9th July 1973 of non-citizen parents

8. Persons born outside The Bahamas after 9th July 1973

9. Further provisions for persons born outside The Bahamas after 9th July 1973

10. Marriage to citizens of The Bahamas

11. Deprivation of citizenship

12. Renunciation of citizenship

13. Power of Parliament

14. Interpretation

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


15. Fundamental rights and freedoms of the individual

16. Protection of right to life

17. Protection from inhuman treatment

18. Protection from slavery and forced labour

19. Protection from arbitrary arrest or detention

20. Provisions to secure protection of law

21. Protection for privacy of home and other property

22. Protection of freedom of conscience

23. Protection of freedom of expression

24. Protection of freedom of assembly and association

25. Protection of freedom of movement

26. Protection from discrimination on the grounds of race, etc.

27. Protection from deprivation of property

28. Enforcement of fundamental rights

29. Provisions for time of war or emergency

30. Saving of existing law

31. Interpretation

Chapter IV - The Governor-general


32. Establishment of office of Governor-General

33. Acting Governor-General

34. Deputy to Governor-General

35. Personal staff of Governor-General

36. Public Seal

37. Oaths to be taken by Governor-General

Chapter V - Parliament


Part 1 - Composition of Parliament


38. Establishment of Parliament

Part 2 - The Senate


39. Composition of Senate

40. Purpose of appointment of certain Senator

41. Qualifications for appointment as Senator

42. Disqualifications for appointments as Senator

43. Tenure of office of Senators

44. President and Vice-President

45. Determination of questions as to membership

Part 3 - House of Assembly


46. Composition of House of Assembly

47. Qualifications for membership of House of Assembly

48. Disqualifications for election as members of House of Assembly

49. Tenure of office of Members of House of Assembly

50. Speaker and Deputy Speaker

51. Determination of questions as to membership

Part 4 - Powers and Procedure of Parliament


52. Powers and Procedure of Parliament

53. Privileges of Parliament

54. Alteration of this Constitution

55. Regulation of procedure in Parliament

56. Presiding in the Senate and House of Assembly

57. Quorum

58. Voting

59. Introduction of Bills, etc

60. Restriction on powers of Senate as to Money Bills

61. Restriction on powers of Senate as to Bills other than Money Bills

62. Provisions relating to Articles 59, 60 and 61

63. Assent to Bills

64. Oath of allegiance

Part 5 - Summoning Prorogation and Dissolution


65. Sessions of Parliament

66. Prorogation and dissolution of Parliament

67. General election, bye-elections and appointment of Senators

Part 6 - Delimitation of Constituencies


68. Constituencies

69. Constituencies Commission

70. Procedure for review of constituencies

Chapter VI - The Executive


71. Executive Authority

72. The Cabinet

73. Appointment of Ministers

74. Tenure of office of Ministers

75. Performance of functions of Prime Minister during absence, illness or suspension

76. Temporary Ministers

77. Allocation of portfolios to Ministers

78. Functions of Attorney-General

79. Exercise of Governor-General's powers

80. Governor-General to be informed concerning matters of Government

81. Parliamentary Secretaries

82. Leader of the Opposition

83. Certain vacancies in office of Leader of the Opposition

84. Oaths to be taken by Ministers, etc

85. Leave of absence for Ministers, etc

86. Summoning of and presiding in Cabinet

87. Quorum

88. Permanent Secretaries

89. Constitution of offices, etc

90. Powers of pardon, etc

91. Advisory Committee on Prerogative of Mercy

92. Functions of Advisory Committee

Chapter VII - The Judicature


Part 1 - The Supreme Court


93. Establishment of Supreme Court

94. Appointment of Justices of Supreme Court

95. Acting Justices

96. Tenure of office of Justice of Supreme Court

97. Oaths to be taken by Justices of Supreme Court

Part 2 - Court of Appeal


98. Establishment of Court of Appeal

99. Justices of the Court of Appeal

100. Other arrangements for appeals

101. Acting Justices of Court of Appeal

102. Tenure of office of Justices of Appeal

103. Oaths to be taken by Justices of Appeal

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


104. Appeals relating to fundamental rights and freedoms

105. Appeals to Her Majesty in Council in other cases

106. Interpretation of "Court of Appeal

Chapter VIII - The Public Service


Part 1 - The Public Service Commission


107. Establishment and composition of Public Officers

Part 2 - Appointments etc. of Public Officers


108. Appointments, etc. of public officers

109. Appointments of Permanent Secretaries and certain other public officers

110. Delegation of Governor-General's powers

111. Appointments, etc. of principal representatives of The Bahamas abroad

112. Appointments on transfer in respect of certain offices

113. Appointment of Secretary to the Cabinet

Part 3 - The Public Service Board of Appeal


114. Public Service Board of Appeal

115. Appeals in discipline cases

Part 4 - The Judicial and Legal Service Commission


116. Establishment and composition of the Judicial and Legal Service Commission

117. Appointments, etc. of judicial and legal officers

Part 5 - The Police Service Commission


118. Establishment and composition of the Police Service Commission

119. Appointment of Commissioner of Police and other officers of the Police Force

120. Removal of the Commissioner and Deputy Commissioner of Police

121. Removal and discipline of members of the Force

Part 6 - Pensions


122. Protection of pension rights

123. Grant and withholding of pensions, etc

124. Appeals in respect of certain decisions affecting pensions benefits

Part 7 - Miscellaneous


125. Procedure of Commissions

126. Removal from office of certain persons

127. Public Service

Chapter IX - Finance


128. Consolidated Fund

129. Estimates

130. Authority for public expenditure

131. Withdrawal of money from the Consolidated Fund

132. Withdrawal of money in advance of Appropriation Act

133. Contingencies Fund

134. Public Debt

135. Remuneration of Governor-General and certain other officers

136. Establishment of office and functions of Auditor-General

Chapter X - Interpretation


137. Interpretation

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