High Court as upper guardian.
Rights of the elderly
Every person over the age of 70 years has the right to receive:
• reasonable care and assistance from the State and their families;
•
health care and medical assistance from the State; and
•
financial support by way of social security and welfare from the State.
The State must take reasonable measures, within its available resources, to
progressively realize this right.
Rights of persons with disabilities
The State must take appropriate measures within its available resources to
ensure that persons with disabilities realise their full potential, including
measures:
•
to enable them to become self-reliant;
to enable them to live with their families and participate in social,
creative or recreational activities;
to protect them from all forms of exploitation and abuse;
to give them access to medical, psychological and functional treatment;
to provide special facilities for their education; and;
to State- funded education and training where they need it.
Rights of liberation war veterans
War veterans are those who fought in, who assisted the fighters; or who were
detained or restricted for political reasons during Zimbabwe’s war of liberation.
They must be recognized for their contribution to the liberation of Zimbabwe
and to suitable welfare such as pensions and access to basic health care. An
Act of Parliament must provide for these entitlements.
4. Are these fundamental rights limited?
The new Constitution has a general limitation clause and it has very few ‘claw
back’ clauses compared to the old Constitution. Claw back clauses are provisions
that withdraw a right by stating when the right can be limited. The section sets
out several factors which must be considered, including whether the limitation
is necessary in the interests of the public, the nature of right or freedom
concerned, and nature and extent of limitation.
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