| The constitution and laws of Barbados
Protection from discrimination on ground of race, etc.
23. 1. Subject to the provisions of this section
a. no law shall make any provision that is discriminatory either of itself or
in its effect; and
b. 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 functions of any
public office or any public authority.
2. In this section the expression "discriminatory" means affording different
treatment to different persons attributable wholly or mainly to their
respective descriptions by race, place of origin, political opinions, colour or
creed whereby persons 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 afforded to persons of
another such description.
3. Subsection (1)(a) shall not apply to any law so far as that law makes
provision -
a. with respect to persons who are not citizens of Barbados;
b. with respect to adoption, marriage, divorce .....dissolutions of property on
death or other matters of personal law;
c. whereby person of any such description as is mentioned in subsection (2) 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;
d. for authorizing the taking during a period of public emergency of measures
that are reasonably justifiable for the purpose of dealing with the situation
that exists during that period of public emergency; or
e. for the imposition of taxation or appropriation of revenue by the Government
or by any local government authority for local purposes.
4. Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1)(a) to the extent that it makes provision with
respect to standards or qualifications (not being standards or qualifications
specifically relating to race, place of origin, political opinion, colour or
creed) to be required of any person who is appointed to any office in the
public service, any office in a disciplined force, or any office in the service
of a local government authority or of a body corporate established by any law
for public purposes.
5. Subsection (1)(b) 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 (3) or (4).
6. 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 (2) may be subjected to any restriction on the rights
and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a
restriction as is authorized by subsection (2) of section 17, subsection (6) of
section 19, subsection (2) of section 20, subsection (2) of section 21, or
subsection (3) of section 22, as the case may be.
7. Subsection (1)(b) shall not 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 this Constitution or any other law.
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