Article 44 provides for prohibition from particular human rights and freedoms.
Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:
- Freedom from torture and cruel, inhuman or degrading treatment or punishment
- Freedom from slavery and servitude
- The right to fair hearing
- The right to an order of habeas corpus
Derogation refers to the exemption. This can be in reference to Article 43 of the Constitution which provides for the limitations on the enjoyment of certain freedoms. As one enjoys ones rights, they should enjoy considerately without infringing on another’s rights. Clauses a and b ensure that no harm is inflicted on an individual therefore everyone is entitled to be treated with respect.
Every person is entitled to a fair hearing when faced with the courts of law or any decision making body. The principles of natural justice which entail a right to fair hearing and rule against bias have to be applied. The defendant in any matter should be allowed ample time to prepare ones defence. Additionally, the defendant should be allowed to have legal representation if they can afford and such proceedings should be expeditious; not be too long to delay justice and not too short to deny someone a fair hearing. The principles of the natural justice also entail the rule against bias, reasonable steps should be taken to ensure that everyone on the decision making panel is impartial. If there is any reason for one to believe that they will not be impartial, they can excuse themselves from the panel.
The right to habeas corpus literally means produce the body. This means that a person under trial must be present in court during their trial.
The above mentioned individual rights cannot be limited. These rights are an entitlement to everyone regardless of the person’s social status.
