GIBRALTAR
Gibraltar
Gibraltar
(Overseas territory of the United Kingdom)
Joined United Nations:  24 October 1945
Human Rights as assured by their constitution
Updated 24 March 2013
CHAPTER I.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL.

Fundamental rights and freedoms of the individual.
1. It is hereby recognised and declared that in Gibraltar there have existed and shall continue to exist without discrimination by reason of
race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the
public interest, each and all of the following human rights and fundamental freedoms, namely–
(a) the right of the individual to life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression, of assembly and association and of freedom to establish schools; and
(c) the right of the individual to protection for the privacy of his home and other property and from deprivation of property without
compensation, and the provisions of this Chapter shall have effect for the purpose of affording protection to the said 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 the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

Protection of right to life.
2. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of
which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use to
such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable–
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.

Protection of right to personal liberty.
3. (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say–
(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in Gibraltar
or elsewhere, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of a court punishing him for contempt of that court or of another court;
(c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence;
(f) in the case of a person who has not attained the age of eighteen years, for the purpose of his education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol for the purpose of
his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into Gibraltar, or for the purpose of effecting the expulsion, extradition
or other lawful removal of that person from Gibraltar or the taking of proceedings relating thereto.
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the
reasons for his arrest or detention.
(3) Any person who is arrested or detained–
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence, and who is not released, shall be
brought without undue delay before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection 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.
(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other
person.

Protection from slavery and forced labour.
4. (1) No person shall 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 naval, military or air force, any labour that that person is required by law to perform
in place of such service; or
(d) any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or
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 other emergency or calamity, for the purpose of dealing with that situation.
Protection from inhuman treatment.
5. (1) No person shall be subjected to torture or to inhuman or degrading punishment or
other such treatment.
(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 authorises the infliction of any description of punishment that was lawful in Gibraltar immediately
before this section came into force.

Protection from deprivation of property.
6. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say–
(a) the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public
morality, public health, town and country planning or the development or utilisation of any property in such a manner as to promote the
public benefit; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to that taking of possession or acquisition–
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on
appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the
property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment
of that compensation.
(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has
received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax imposed in respect of its
remission) to any country of his choice outside Gibraltar.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the last
preceding subsection to the extent that the law in question authorises–
(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a
court or pending the determination of civil proceedings to which he is a party;
(b) the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted;
(c) the imposition of–
(i) any deduction, charge or tax; or
(ii) any obligation or restriction relating to exchange control, that is imposed generally in respect of the remission of moneys from
Gibraltar and that is not discriminatory within the meaning of section 14(2) of this Constitution.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1)
of this section–
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of property–
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of the law or forfeiture or seizure in consequence of a breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, sale, pledge or contract;
(iv) in the execution of the judgment, or order of a court;
(v) by reason of its being in a dangerous state or injurious to the health of human beings, animals, trees or plants;
(vi) in consequence of any law with respect to the limitation of actions or acquisitive prescription;
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the
carrying out thereon–
(A) of work of soil conservation or the conservation of other natural resources; or
(B) of agricultural development or improvement that the owner or occupier of the land has been required, and has, without reasonable and
lawful excuse, refused or failed to carry out;
(viii) by way of the taking of a sample for the purposes of any law; or
(ix) where the property consists of an animal upon its being found trespassing or straying;
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of–
(i) enemy property;
(ii) property of a person who has died or is unable, by reason of legal incapacity, to administer it himself, for the purpose of its
administration for the benefit of the persons entitled to the beneficial interest therein;
(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the
trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(5) Nothing in this section shall affect the making or operation of any law so far as it provides for the vesting in the Crown the ownership
of underground water or unextracted minerals.
(6) Nothing in this section shall affect the making or operation of any law for the compulsory taking of possession in the public interest of
any property, or the compulsory acquisition in the public interest of any property, or the compulsory acquisition in the public interest of
any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public
purposes in which no moneys have been invested other than moneys provided from public funds.

Protection for privacy of home and other property.
7. (1) Except with his own consent, no person shall 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–
(a) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or
utilisation of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) to enable an officer or agent of the Government, 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 value those premises 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, that local government
authority or that body corporate, as the case may be; or
(d) to authorise, 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 the entry upon any premises by such order, except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Provisions to secure protection of law.
8. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing
within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence–
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice or, where so
prescribed, by a legal representative provided at the public expense;
(e) shall be afforded facilities to examine, in person or by his legal representative, the witnesses called by the prosecution before any
court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before that court on the same
conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the
offence, and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his
absence.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be specified by or under any law, be given within a reasonable time
after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any other criminal offence of which he could have been convicted at the trial of that offence, save upon
the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been granted a pardon, by competent authority, for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person
before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or
other authority, shall be held in public.
(10) Nothing in the last foregoing subsection shall prevent the court or other authority from excluding from the proceedings (except the
announcement of the decision of the court or other authority) persons other than the parties thereto and their legal representatives to such
extent as the court or other authority–
(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice, or in interlocutory proceedings, or in the interests of public morality, the welfare of persons under the age of eighteen
years or the protection of the private lives of persons concerned in the proceedings ; or
(b) may by law be empowered or required to do so in the interests of defence, public safety or public order.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of–
(a) subsection (2)(a) of this section, to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b) subsection (2)(e) of this section, to the extent that the law in question imposes conditions that must be satisfied if witnesses called to
testify on behalf of an accused person are to be paid their expenses out of public funds;
(c) subsection (5) of this section, to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any
punishment awarded him under that disciplinary law.
(12) In this section–
“criminal offence” means a crime, misdemeanour or contravention punishable under the law of Gibraltar;
“legal representative” means a person lawfully in or entitled to be in Gibraltar and entitled to practise in Gibraltar as a barrister or, except in
relation to proceedings before a court in which a solicitor has no right of audience, as a solicitor.

Protection of freedom of conscience.
9. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes 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) Except with his own consent (or, if he is under the age of eighteen years, the consent of his guardian), no person attending any place
of education shall 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 that he does not profess.
(3) No religious community or denomination shall be prevented from making provision for the giving, by persons lawfully in Gibraltar, of
religious instruction to persons of that community or denomination in the course of any education provided by that community or
denomination.
(4) No person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary
to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1)
or (3) of this section to the extent that the law in question makes provision–
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or
belief without the unsolicited intervention of persons professing any other religion or belief, except so far as that provision, or as the case
may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of expression.
10. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom
to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his
correspondence.
(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–
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, or
regulating telephony, telegraphy, posts, wireless broadcasting, television, public exhibitions or public entertainments; or
(c) for the imposition of restrictions upon public officers, except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of assembly and association.
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to
say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations
for the protection of his interests.
(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–
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) for the imposition of restrictions upon public officers ;
(d) for the registration of trades unions in a register established by or under a law and for imposing reasonable conditions relating to the
procedure for entry on such a register (including conditions as to the minimum number and qualifications of persons necessary to
constitute a trade union qualified for registration); or
(e) for the imposition of restrictions upon persons who are not resident in Gibraltar with respect to the holding of office in a trade union or
membership of the general committee of management of a trade union or with respect to voting in any proceedings of a trade union
relating to or connected with the calling or financing of a strike, except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom to establish schools.
12. (1) No religious denomination and no religious, social, ethnic or cultural association or group shall be prevented from establishing and
maintaining schools at its own expense.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding
subsection to the extent that the law in question makes provision–
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for regulating such schools in the interests of persons receiving instruction therein, except so far as that provision or, as the case may
be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(3) No person shall be prevented from sending his child (including a person of whom he is the guardian) to any such school by reason
only that the school is not »a school« established or maintained by the Government.

Protection of freedom of movement.
13. (1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to
move freely throughout Gibraltar, the right to reside in any part of Gibraltar, the right to enter Gibraltar, the right to leave Gibraltar and
immunity from expulsion from Gibraltar.
(2) Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or
in contravention of this section.
(3) 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) for the imposition of restrictions, by order of a court, on the movements or residence within Gibraltar of any person either in
consequence of his having been found guilty of a criminal offence under the law of Gibraltar or for the purpose of ensuring that he
appears before a court at a later date for trial in respect of such a criminal offence or for proceedings preliminary to trial or for
proceedings relating to his extradition or other lawful removal from Gibraltar;
(b) for the imposition of restrictions on the movement or residence within Gibraltar of any person who does not belong to Gibraltar or the
exclusion or expulsion from Gibraltar of any such person;
(c) for the imposition of restrictions on the acquisition or use by any person of land or other property in Gibraltar;
(d) for the imposition of restrictions on the movement or residence in Gibraltar or on the right to leave Gibraltar of persons generally or
any class of persons that are reasonably required–
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other persons, except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;
(e) for the removal of a person from Gibraltar to be tried outside Gibraltar for a criminal offence or to undergo imprisonment outside
Gibraltar in execution of the sentence of a court in respect of a criminal offence of which he has been convicted; or
(f) for the imposition of restrictions on the right of any person to leave Gibraltar in order to secure the fulfilment of any obligations
imposed upon that person by law, except so far as the provision or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in a democratic society.

Protection from discrimination on the grounds of race, etc.
14. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any
person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any
public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly
to their respective descriptions by race, caste, place of origin, political opinions, colour 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 that are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision–
(a) for the appropriation of revenues or other funds of Gibraltar;
(b) with respect to persons who do not belong to Gibraltar;
(c) for the application, in the case of persons of any such description as is mentioned in the last preceding subsection (or of persons
connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like
matters that is the personal law applicable to persons of that description; or
(d) for conferring the status of a Gibraltarian for the purposes of the Gibraltarian Status Ordinance upon any person or for withdrawing
that status from any person or for deeming a firm or company to be under non-Gibraltarian control for the purposes of the Trade
Restriction Ordinance.*
* Repealed by Ord. 1972 No. 22.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that–
(a) it requires a person to belong to Gibraltar or to possess any other qualification (not being a qualification specifically relating to race,
caste, place of origin, political opinions, colour or creed) in order to be eligible for appointment to any office in the public service or in a
disciplined force or in the service of a local government authority or in a body corporate established by law for public purposes; or
(b) it makes reasonable provision for ensuring that persons holding office as aforesaid and giving instruction in schools maintained by the
Government of Gibraltar and attended wholly or mainly by pupils of a particular religious community or denomination are acceptable on
moral and religious grounds to that religious community or denomination, or to the authorities of that community or denomination.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any
such provision of law as is referred to in subsection (4) or (5) of this section.
(7) 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 (3) of this
section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11, 12 and 13 of this Constitution,
being such a restriction as is authorised by section 7(2), 9(5), 10(2), 11(2), 12(2) or 13(3) of this Constitution, as the case may be.
(8) Subsection (2) of this section 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 or under this Constitution or any other law.

Enforcement of protective provisions.
15. (1) If any person alleges that any of the foregoing provisions of this Chapter has been, is being or is likely to be contravened in
relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may
apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of the
preceding subsection, and may make such orders, issue such writs and give such directions as it may consider appropriate for the
purpose of enforcing, or securing the enforcement of, any of the foregoing provisions of this Chapter to the protection of which the
person concerned is entitled.
(3) The Supreme Court shall have such powers in addition to those conferred by the preceding subsection as may be prescribed for the
purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(4) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and
powers conferred upon it by or under this section (including rules with respect to the time within which applications to that court may be
made).

Provisions for periods of public emergency.
16. (1) Nothing contained in or done under the authority of any regulation made under the Emergency Powers Order in Council 1939,*
*
See under Foreign Jurisdiction Act 1890.
shall be held to be inconsistent with or in contravention of section 3, section 4(2) or any
provision of sections 7, 9, 10, 11 or 12, section 13(1) or (3) or section 14 of this Constitution to the extent that the regulation in question
makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is
reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that
situation.
(2) Where any person who is lawfully detained in pursuance only of such a regulation as is referred to in the preceding subsection so
requests at any time during the period of that detention (but if he has already made such a request during that period not earlier than six
months after he last made such a request during that period ), his case shall be reviewed by an independent and impartial tribunal
established by law and presided over by a person, entitled to practise as a barrister in Gibraltar, appointed by the Chief Justice.
(3) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise
prescribed, that authority shall not be obliged to act in accordance with any such recommendations.

Interpretation and savings.
17. (1) In this Chapter, unless the context otherwise requires–
“child” includes a stepchild and a child adopted in a manner recognised by law;
“contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
“court” means any court of law having jurisdiction in Gibraltar, including Her Majesty in Council, but excepting, save in sections 2 and 4
of this Constitution and this section, a court established by a disciplinary law;
“member”, in relation to a disciplined force, includes any person who under the law regulating the discipline of that force, is subject to
that discipline.
(2) In this Chapter “a period of public emergency” means any period during which–
(a) Her Majesty is at war; or
(b) the provisions of Part II of the Emergency Powers Order in Council 1939 are in operation in Gibraltar.
(3) For the purposes of this Chapter a person shall be deemed to belong to Gibraltar if that person is a Gibraltarian for the purposes of the
Gibraltarian Status Ordinance: Provided that a company or firm shall be deemed not to belong to Gibraltar if (but only if) it is deemed to
be under non-Gibraltarian control for the purposes of the Trade Restriction Ordinance.
(4) In relation to any person who is a member of a disciplined force raised in accordance with such provisions as may be prescribed by
the Legislature, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with
or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5.
(5) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Gibraltar,
nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.
(6) Nothing contained in section 10, 11 or 13 of this Constitution shall be construed as precluding the inclusion in the terms and
conditions of service of public officers of reasonable requirements as to their communication or association with other persons or as to
their movements or residence.
(7) References in this Chapter to any Ordinance are references to that Ordinance as from time to time amended and include references to
any law replacing that Ordinance.
Humanoid history at Gibraltar spans as far back as the Neanderthals.  Though visited as far
back as 950 BCE by the Phoenicians and followed by the Carthaginians,  Romans and
Vandals, the Goths were the first to establish a long term presence from 414 to 711 CE and
came under the control of the Byzantine Empire in the latter part of the Sixth Century.  The
arrival of a Berber Army in 711 as part of the invasion of the Iberian Peninsula led to the
naming of the region Gabal-Al-Tariq from which Gibraltar is derived.  Gibraltar was
dominated by Arab Muslims until a successful assault by Spanish Castilian forces in 1462.  
During the War of Spanish Succession Anglo-Dutch forces captured Gibraltar in 1704 in the
name of the Hapsburg ruler they supported for the succession. It changed hands between
the British and French throughout the war but was ceded to Britain as a condition of the
Treaty of Utrecht in 11 April 1713.  Various assaults and attempts to wrest control of Gibraltar
continued through the 18th, 19th and 20th Centuries and Spain has launched many
unsuccessful attempts to legally reclaim Gibraltar. Though an overseas territory of Great
Britain, Gibraltar obtained legal self-government on 30 May 1969.  The present constitution
was adopted on 14 December 2006.  Human rights are enumerated beginning with Chapter I
(Protection of Fundamental Rights and Freedoms of the Individual), conform with  the 1948
Universal Declaration of Human Rights of which The United Kingdom is a signatory and are
detailed below.  For a full English translation of Gibraltar's Constitution, click
here.
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