3. What rights are included in the declaration of rights?
The rights protected in the Constitution are broad to include; civil and
political rights; economic, social and cultural rights; a group right; and rights
for specific groups. There is clear commitment to human rights, democracy
and good governance as referred to in Chapter 1 on founding provisions,
Chapter 2 on national objectives, Chapter 3 on citizenship rights and the
actual Declaration of Rights, which is Chapter 4. The Declaration of Rights is
binding on the State and all legislative, executive and judicial institutions
and agencies of government at all levels. It also places duties on natural
persons (human beings) and juristic persons (e.g. companies) depending on
the nature of the right involved. Both natural and juristic persons are
entitled to the rights in the Declaration of Rights.
In applying and interpreting the Declaration of Rights, the courts must take
into account the following:
• international law and all treaties and conventions to which Zimbabwe is a
party;
• all the provisions of the Constitution, in particular the national objectives
and principles set out in Chapter 2; and
• values that underlie a democratic society based on openness, justice,
human dignity, equality and freedom.
In addition, the courts may consider relevant foreign law, that is, the law of
other countries.
3.1 Fundamental human rights and freedoms
The following are the rights which are stated in our Declaration of Rights:
Right to life
Every person has the right to life.
However, the Constitution allows for the death penalty to be imposed if a
person is convicted of murder in aggravating circumstances. The courts may
not sentence the following persons to death:
•
anyone who was less than 21 years when the offence was committed;
•
anyone who is more than 70 years old; or
•
a woman.
Unborn babies also have the right to life. A law is to be passed to outline the
situations when abortion will be allowed.
Right to personal liberty
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