The legal framework
Sections 4 and 5 of the Constitution set out fundamental rights and freedoms, enforced by a constitutional motion to the High Court under section 14, which can be brought without exhausting other remedies in appropriate cases. The Privy Council remains the final appellate court. Trinidad and Tobago denounced the American Convention on Human Rights in 1998, closing the Inter-American Court route for later events.
Key points
| Constitution | Sections 4 and 5, fundamental rights and freedoms |
|---|---|
| Section 14 | Constitutional motion directly to the High Court |
| Savings clause | Pre-existing laws are protected from constitutional challenge |
| Final appeal | Judicial Committee of the Privy Council |
| Inter-American | The American Convention was denounced with effect from 1999 |
| Equal Opportunity Commission | Discrimination complaints on listed grounds |
| Section 14 motion | Direct access to the High Court without exhausting other remedies |
| Privy Council | Final appellate court |
In practice
- Exhaust domestic remedies first: no regional or international body will look at a case before that.
- Watch the deadlines — several are counted in months from the final domestic decision.
- Complain to the national human rights institution first: it is free and sometimes enough.
- Keep every decision, letter and acknowledgement: regional bodies will ask for the full record.
- Check whether the law you are challenging is saved before starting: that determines viability.
Where to go
- Equal Opportunity Commission and Tribunal.
- Office of the Ombudsman.
- Legal Aid and Advisory Authority.
Worth knowing
The savings clause shields many colonial-era laws from constitutional challenge, which is the single biggest obstacle in rights litigation here: check whether the law you are challenging is saved before starting. The savings clause is the central obstacle in rights litigation here. Establishing whether a law is saved is the first question, not the last.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database