Dominica is a small island country in the Caribbean. At just 750 square
kilometers, the country has a population of about 72,000. The official
language is English. 86% are black, and 94% are Christian.
The
constitution is very simple. Nothing special to mention. If someone is
arrested, he or she or zee will be informed of the charges against him
or her or zer in the language in which he or she or zee is proficient.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. Except for the exceptions mentioned in the
constitution, no house can be searched. No one has to participate in any
religious program in any educational institution or in force unless
their religion is involved.
These are positive aspects. Now
let's discuss the negative aspects. There is nothing special to mention
in this case either. The preamble, however, declares God's supremacy,
but not everyone believes in God's existence.
Admirable Articles of Dominica's Constitution
3. Protection of right to personal liberty (Part of it)
1. A person shall not be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—
d. for the purpose of bringing him before a court in execution of the order of a court;
e. upon a reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Dominica;
f. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
g. for the purpose of preventing the spread of an infectious or contagious disease;
2. Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case no later than twenty-four hours after such arrest or detention, in a language that he understands, of the reasons for his arrest or detention.
3. Any person who is arrested or detained—
- for the purpose of bringing him before a court in execution of the order of a court; or
- upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Dominica,
and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after such arrest or detention.
4. Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.
5. If any person arrested or detained as mentioned in subsection (3)(b) of this section is not tried within a reasonable time, then, without prejudice to any further proceedings that 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.
6. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or authority on whose behalf that other person was acting.
5. Protection from inhuman treatment
No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
7. Protection from arbitrary search or entry
1. Except with his own consent, a person shall not 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—
b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c. that authorises an officer or agent of the Government of Dominica, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, authority or body corporate, as the case may be; or
d. that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
9. Protection of freedom of conscience (Part of it)
2. Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air 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 which is not his own.
