Features of Constitution1
|Is there a constitution?||Yes|
|Does the constitution provide for freedom of religion?||Yes|
|Last Amended||not amended|
|Source||Political Database of the Americas|
|Translation||Original was written in English|
|Current as of||May 11, 2011|
Constitution Excerpts (clauses that reference religion)2
WHEREAS the People of Saint Christopher and Nevis-
a) declare that the nation is established on the belief in Almighty God and the inherent dignity of each individual;
3. Fundamental rights and freedoms
Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, birth, political opinions, colors, 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, security of the person, equality before the law and the protection of the law; b) freedom of conscience, of expression and of assembly and association; and c) protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation, the 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 those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest.
6. Protection from slavery of [sic] forced labor.
6.- (1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purposes of this section, the expression "forced labor" does not include-
…c) any labor 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 defense force, any labor that person is required by law to perform in place of such service; or
11. Protection of freedom of conscience(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of a person who is his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a defense force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that is not his own.
(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education that it wholly maintains and such a community shall not be prevented from providing religious instruction for persons of that community in the course of any education that it wholly maintains or in the course of any education that it otherwise provides.
(4) A person shall not be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.
(5) 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 provisions that is reasonably required-
a) in the interests of defense, public safety, public order, public morality or public health;
b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion; or
c) for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them,
and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expression shall be construed accordingly.
15. Protection from discrimination on grounds of race etc.
(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either or itself or in its effect.
(2) Subject to subsections (6), (7), (8) and (9), a person shall not 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.
(3) In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place or origin, birth out of wedlock, political opinions or affiliations, color, sex or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such descriptions.
…(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) 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, birth out of wedlock, political opinions or affiliations, color, creed or sex) to be required of any person who is appointed to or to act in any office under the Crown, any office in the service of a local government authority of any office in a body corporate established by law for public purposes.
28. Disqualifications for Representatives and Senators.
(1) A person shall not be qualified to be elected or appointed as a member if he-
…(b) is a minister of religion;
…(6) In this section-
…“minister or religion” means any person in holy orders and any other person the principal function of whose occupation include teaching or preaching in any congregation for religious worship.
Schedule 4: Forms of Oath
Part 1: Oath (or affirmation) of allegiance
I, _______________________, do swear (or solemnly affirm) that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God. (To be omitted in affirmation).
Part 2: Oath (or affirmation) of office
I, _______________________, do swear (or solemnly affirm) that I will honor, uphold and preserve the Constitution of Saint Christopher and Nevis, and the law, that I will consciously, impartially, and to the best of my ability discharge my duties as _______________________ and do right to all manner of people without fear or favor, affection or ill will.
So help me God. (To be omitted in affirmation).
Part 3: Oath (or affirmation) of secrecy
I, _______________________, do swear (or solemnly affirm) that I will not on any account, at any time whatsoever, disclose any council, advise, opinion or vote given by any Minister as a member of the Cabinet and that I will not, except with the authority of the Cabinet and to such extent as may be required for the proper conduct of the Government of Saint Christopher and Nevis, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge as a member (or Secretary to) the Cabinet. So help me God. (To be omitted in affirmation).
[Note: The constitutional text hosted by the Political Database of the Americas is reproduced from official government sources.]
1. Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.
2. The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at email@example.com if you are aware of any incorrect information provided on this page.