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;
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. Protection of freedom of movement.
6. Protection from slavery of forced labour.
(1) A person shall not be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include-
a) any labour required in consequence of the sentence or order of a court;
b) labour 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 labour 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 defence force, any labour that person is required by law to perform in place of such service; or
d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.
14. Protection of freedom of movement
(1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Saint Christopher and Nevis, the right to reside in any part of Saint Christopher and Nevis, the right to enter Saint Christopher and Nevis, the right to leave Saint Christopher and Nevis and immunity from expulsion from Saint Christopher and Nevis. St Kitts and Nevis Constitution
Article 25. Not providing apprentices or servants with food, etc., whereby life is endangered
Any person who, being legally liable, either as a husband, parent, guardian or committee, master or mistress, nurse or otherwise to provide for any person as wife, child, ward, lunatic or idiot, apprentice or servant, infant, or otherwise, necessary food, clothing, or lodging, wilfully and without lawful excuse, refuses or neglects to provide the same, or unlawfully or maliciously does, or causes to be done, any bodily harm to any such apprentice or servant, so that the life of such apprentice or servant is endangered, or the health of such apprentice or servant has been or is likely to be, permanently injured, commits a misdemeanour, and, on conviction, shall be liable to be imprisoned for a term not exceeding two years, with or without hard labour.
49. Forcible abduction of any woman with intent to marry her
Any person who, by force, takes away or detains against her will any woman of any age with intent to marry or carnally know her, or to cause her to be married, or carnally known by any other person, commits a felony, and, on conviction, shall be liable to be imprisoned for a term not exceeding five years.St Kitts and Nevis Offences against the Person Act St Kitts and Nevis Trafficking in Persons Law
2. Interpretation
In this Act, unless the context otherwise requires
“debt bondage” means the status or condition of a debtor arising from a pledge of the debtor of his or her personal services or those of the persons under his or her control as security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;
“exploitation” includes
(a) keeping a person in a state of slavery;
(b) subjecting a person to practise similar to slavery;
(c) compelling or causing a person to provide forced labour or services;
(d) keeping a person in a state of servitude, including sexual servitude;
(e) the prostitution of a person or engaging in any other form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel and child pornography;
(f) illicit removal of human organs.
“forced labour” means labour or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint;
“practices similar to slavery” includes, debt bondage, serfdom, forced or servile marriage and delivery of children for exploitation;
“servitude” means a condition of dependency in which labour or services of a person are provided or obtained by threats of serious harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person did not perform such labour or services, that person or another person would suffer serious harm;
“slavery” means the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised;
“trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of force or other means of coercion, or by abduction, fraud, deception, abuse of power or a position of vulnerability, or by the giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;
3. Trafficking in persons
(1) A person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organises or directs another person to engage in trafficking in persons commits an offence and is liable on indictment to imprisonment for a period of twenty years or to a fine of two hundred and fifty thousand dollars or to both such fine and imprisonment.
(2) The recruitment, transportation, harbouring or receipt of a child, or giving of payment or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation, constitutes trafficking in persons irrespective of whether any of the means described in the definition of “trafficking in persons” have been established.St Kitts and Nevis Trafficking in Persons Law
