Section 5(2)
“Subject to subsection (1) and without derogating from, or in any way affecting, that subsection,
a person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at
the date of his birth if at the date of the birth at least one of his parents is a citizen of Barbados
who was born in Barbados.”
Section 10(2)
“Any reference in this Chapter to the father of a person shall, in relation to any person born out
of wedlock other than a person legitimated before 30th November 1966, be construed as a
reference to the mother of that person.”
This situation amounts to discrimination on the basis of the parents’ gender and marital status.
13. As the above provisions make clear, the Constitution also treats children born outside Barbados
to a Barbadian mother differently to those of a Barbadian father, with respect to accessing
citizenship. Section 5(1) of the Constitution explicitly recognises the right of married Barbadian
fathers to pass on their nationality, regardless of the father or child’s place of birth, provided the
child is born within wedlock. The position of a child born outside Barbados to a married Barbadian
mother is unclear as the Constitution is ambiguous on this point. Section 5(2) appears to provide
an avenue through which the child born outside Barbados of a married Barbadian mother can
acquire nationality, subject to the Barbadian mother having herself been born in Barbados.
Section 10(2) appears to provide an avenue through which an unmarried Barbadian woman is
permitted to confer nationality on children born outside Barbados in all circumstances.
Information as to how these provisions are applied in practice is lacking and, regardless of the
interpretation followed by the State, it is evident that the Constitution fails to provide for equality
of nationality rights for Barbadian men and women in all circumstances.
14. Regarding the conferral of nationality of adopted children, the Barbados Citizenship Act, Cap 186
(last amended 1982) denies Barbadian women the right to confer their nationality on children in
the case of joint adoption, while Barbadian men are permitted to confer their nationality on
adopted children in all circumstances. Barbadian women are also denied the right to confer their
nationality on foreign spouses, a right that is reserved for men in the Constitution of Barbados.
Below is Section 5(3) of the Act which sets this out:
“Where under any enactment in force in Barbados relating to the adoption of children an adoption
order is made in respect of a minor not a citizen of Barbados, then if the adopter or in the case of
a joint adoption the male adopter is a citizen of Barbados, the minor shall become a citizen of
Barbados as from the date of the order.”
Women’s nationality rights
15. The Global Campaign and the Institute’s joint submission to the Committee on the Elimination of
Discrimination Against Women, for consideration at its 67th Session in July 2017, highlighted