The assignment is based on the fictional constitution of the State of Baranco which is separately attached. It does not reflect any one constitution. Students must therefore interpret the specific fictional constitution of the State of Baranco, using appropriate authorities and principles of interpretation. The Judicial Committee of the Privy Council (JCPC) is the final appellate Court of the State of Baranco. In 2015, the Government of Baranco signed and ratified the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) which prohibits discrimination - whether directly or indirectly on the basis of sex. The GOB did not enter any reservations when it signed and ratified the Treaty. The Prime Minister at a Global Forum for advancing Women's Rights declared that he had requested a comprehensive legislative and policy review for any discrimination on the basis of sex/gender and that these laws would be removed as a matter of priority. The Review highlighted a number of discriminatory provisions including in the employment laws of Baranco. The Employment Rights Act was introduced and passed in 2016. It prohibits discrimination on the basis of sex. It provides a maximum remedy of compensation of three months' salary where an employee is dismissed on the basis of a discriminatory reason. The Employment Rights Act applies to all Employers, including public authorities and the State. The Employment Tribunal ruled in a separate matter in 2018, that discrimination on the basis of pregnancy outside of wedlock was not sex discrimination as both men and women were affected. In a Review of Baranco's Employment Rights Act, the International Labour Organization suggested amending the Employment Act as the penalties were not strong enough to discourage sex discrimination. The Foundation for Mental Health (FMH) is a privately incorporated entity. The FMH has been providing mental health services for the last 80 years. It is the only mental health provider in the State of Baranco and over the previous 40 years, it has been funded exclusively by the Government of Baranco. It is regulated by the Mental Health Act. It licences practitioners in the mental health field and may terminate their licenses for breaches of the Act. As a part of his or her role, the Senior Vice President is also required to sit on the Board of Directors of the Child Care Board. In a private social media post, on the 26th January, 2018- Jane Doe, a Senior Vice President shared that she was supportive of the need for legislation to provide access for safe abortions in light of a debate which was occurring in Parliament. A colleague took a screenshot and sent it to her Employer. Two months later she informed her employers that she and her unmarried partner John, had made a decision that they were ready to have a family, and she was pregnant. After these disclosures, her job functions were reduced to a bare minimum and she was placed on reduced pay for six months for "living a life that was not in keeping with the Code of Ethics." A memo to all staff was shared which outlined the 'breaches.' While all staff worked from the office, Jane Doe was required to work from home. Jane Doe did not bring a constitutional action at the time because she became unwell, and could not afford an attorney. As popular opinion in the country turned against women's rights, the PM distanced himself from his earlier statements and commitments to address discrimination. Instead, the PM stated in Parliament that these matters must be decided by the People. The Government of Baranco, therefore, held a referendum in 2020. The majority of the population determined that the Status of Children Act should be amended to immediately and retroactively deprive children born outside of wedlock of legal recognition so as to not encourage fornication, and that the Prohibition of Marital Rape Act should be removed from the law books such that the crime of Marital Rape would no longer exist, to preserve the sanctity of marriage. Two Bills were introduced to effect these- the Amendment of the Status of Children Act and the Repeal of the Prohibition of Marital Rape Act. The Attorney General has indicated that she intends to proceed with these laws before the end of 2021. The National Organization of Women wishes to challenge both laws which have not yet been enacted and they further want to bring a claim on behalf of Jane Doe. They allege that these laws are discriminatory on the basis of sex, and that Jane Doe has been treated in a discriminatory manner on the basis of sex, and further that her right to work has been violated. At the Case Management Conference Justice WRAY asked for submissions on the following issues:

In relation to Locus Standi:

Whether Jane Doe can bring a claim against the FMH?

Whether the National Organization of Women has locus standi to challenge the alleged contravention on behalf of Ms. Doe and in relation to the repeal of the laws?

In relation to amenability to Constitutional relief: Whether the FMH was subject to the Bill of Rights?

In relation to procedural barriers: Whether delay ought to be a bar to the bringing of the claim in relation to Ms. Jane Doe? [2 marks] Whether the remedy under the Employment Rights Act was an adequate alternative remedy?

Whether the Court had jurisdiction to conduct anticipatory Review of Bill of Rights violations in this Constitution?

Concerning the scope of the rights protected: o Whether the preamble of the Bill of Rights is justiciable, given that the JCPC is Baranco's Final Court and had ruled on this question previously, and in light of the Caribbean Court of Justice's decision in Nervais & Severin v the Queen?

Whether the right to work is justiciable and was breached?

In considering either of these rights, in what circumstances is the Court permitted to/ or limited in utilising international law to assist/guide the interpretation of the Constitution?