Barbados
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Features of Constitution1

Is there a constitution? Yes
Does the constitution provide for freedom of religion? Yes

Constitution2

Constitution Year 1966
Last Amended 2007
Source World Intellectual Property Organization
Translation Original was written in English
Current as of May 11, 2011

Constitution Excerpts (clauses that reference religion)2

Preamble

�Now, therefore, the people of Barbados:
(a) proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity of the human person, their unshakeable faith in fundamental human rights and freedoms and the position of the family in a society of free men and free institutions;
(b) affirm their belief that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;


Article 11: Protection of Fundamental Rights and Freedoms of the Individual

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,


Article 14: Protection from Slavery and Forced Labor

(1) No person shall 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�
(a) any labor required in consequence of the sentence or order of a court;
(b) any labor 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 place at which he is detained;
(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 naval, military or air force, any labor that person is required by law to perform in place of such service; or


Article 19: Protection of Freedom of Conscience

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes 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) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains.
(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not that community is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
(4) Except with his own consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his guardian), no person attending any place of education shall be enquired 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 which is not his own.
(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
(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�
(a) which is reasonably required�
(i) in the interests of defense, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited of members of any other religion; or
(b) with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.
(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.


Article 23: Protection from Discrimination on Grounds of Race, etc.

(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 author.
(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, color 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 which are not afford 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, burial, devolution of property on death or other matters of personal law;


Article 36: Senate

(1) The Senate shall consist of twenty-one persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section.
(2) Twelve Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal.
(3) Two Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, by instrument under the Public Seal.
4. Seven Senators shall be appointed by the Governor-General, acting in his discretion, by instrument under the Public Seal, to represent religious, economic or social interests or such other interests as the Governor-General considers ought to be represented:
Provided that before appointing any person under this subsection the Governor-General shall consult such persons as, in his discretion, he considers can speak for those interest and ought to be consulted.


FIRST SCHEDULE

Oath of Allegiance

I, _________________, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law. So help me God.


Oath for the due execution of the office of Governor-General.

I, _________________, do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and successors, in the office of Governor-General. So help me God.


Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary Secretary.

I, _________________, being appointed Prime Minister/Minister/Parliamentary Secretary, do swear that I will do the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor-General (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Barbados, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Barbados, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as Prime Minister/Minister/Parliamentary Secretary or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Minister/Parliamentary Secretary. So help me God.


Oath for the due execution of the office of Director of Public Prosecutions.

I, _________________, do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Director of Public Prosecutions. So help me God.


Judicial Oath

I, _________________, do swear that I will well and truly serve Our Sovereign Lady Queen Elizabeth II, Her Heirs and Successors, in the office of Chief Justice/Judge of the High Court and I will do right to all manner of people after the laws and usages of Barbados without fear or favor, affection or ill will. So help me God.


Judicial Oath for Judges of the Caribbean Court of Justice

I, _________________, do swear (or solemnly affirm) that I will faithfully exercise the office of President/Judge of the Caribbean Court of Justice without fear or favor, affection or ill will and in accordance with the Code of Judicial Conduct. (So help me God (to be omitted in affirmation)).

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 arda@pop.psu.edu if you are aware of any incorrect information provided on this page.