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.