Facebook | The Constitution of Barbados - Human rights section 3: 1- 18

Facebook | The Constitution of Barbados - Human rights section 3: 1- 18

Barbados / Barbados Constitución de 1966 1966 Constitution
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Ultima actualización / Last updated: July 16, 2008
CHAPTER III

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Fundamental rights and freedoms of the individual
11. Whereas every person in Barbados is entitled to the fundamental rights and freedoms of the individual, 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 and security of the person;
b. protection for the privacy of his home and other property and from deprivation of property without compensation;
c. the protection of the law; and
d. freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

Protection of right to life
12. 1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offense under the law of Barbados of which he has been convicted.
2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable -
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. in order lawfully to prevent the commission by that person of a criminal offense,
or if he dies as the result of a lawful act of war.

Protection of right to personal liberty
13. 1. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say -
a. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Barbados or some other country, in respect of a criminal offense of which he has been convicted;
b. in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;
c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
d. for the purpose of bringing him before a court in execution of the order of a court;
e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;
f. in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
g. for the purpose of preventing the spread of an infectious or contagious disease;
h. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into Barbados, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Barbados or for the purpose of restricting that person while he is being conveyed through Barbados in the course of his extradition or removal as a convicted prisoner form one country to another; or
j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Barbados or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Barbados in which, in consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Barbados as a barrister or solicitor, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.
3. Any person who is arrested or detained -
a. for the purpose of bringing him before a court in execution of the order of a court; or
b. upon reasonable suspicion of his having committed or being about to commit a criminal offense. and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
4. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.
5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorizes 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.
6. Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;
b. not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;
c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;
d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
7. On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
8. When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6):
Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.

Protection from slavery and forced labour
14. 1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression "forced labour" does not include -
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the palace at which he is detained;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service; or
d. any labour required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

Protection from inhuman treatment
15. 1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
2. 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 authorizes the infliction of any punishment or the administration of any treatment that was lawful in Barbados immediately before 30th November 1966.

Protection from deprivation of property
16. 1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that acquisition or taking of possession is made by a written law -
a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and
b. giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the High Court.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section -
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -
i. in satisfaction of any tax, duty, rate, cess or other impost;
ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions; or
vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o work relating to agricultural development or improvement; or
b. to the exent that the law in question makes provision for the taking of possession or acquisition of -
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii. property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
3. 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 for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.
4. 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 of the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by parliament or by any Legislature established for the former Colony of Barbados.

Protection against arbitrary search or entry
17. 1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
2. 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 that is reasonably required -
a. in the interests of defence, public safety, public order, public morality, public health, town or country planning the development or utilization of mineral resources, or the development or utilization of any other property in such manner as to promote the public benefit;
b. for the purposes of protecting the rights or freedoms of other persons;
c. for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be;
d. for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or
e. for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.

Provisions to secure protection of law
18. 1. If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
2. Every person who is charged with a criminal offense -
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
c. shall be given adequate time and facilities for the preparation of his defence;
d. shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge.
and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.
3. When a person is tried for any criminal offense, the accursed person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
4. No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.
5. No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.
6. No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.
7. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
8. Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.
9. Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.
10. Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal -
a. may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or
b. may by law be empowered or required so to do in the interests of defence, public safety or public order.
11. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of -
a. subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
b: subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be aid their expenses out of public funds; or
c. subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law.
12. Nothing contained in subsection (2)(d) shall be construed as entitling a person to legal representation at public expense.