1. What is the declaration of rights?
The Constitution is the supreme law of the country that sets out how the country
must be governed. The Declaration of Rights is set out in Chapter 4 of the
Constitution. It sets out the rights and freedoms which the people of Zimbabwe
are entitled to.
Human rights are entitlements that we have simply because we are human
beings. The rights listed in the Declaration of Rights are constitutional rights and
are legally protected. Laws that take away any of these rights shall not be made
unless the Declaration of Rights allows for such. Any existing laws that take
away any of the rights may be declared invalid. If these constitutional rights are
violated, one can sue for damages or take the matter to the Constitutional Court to
get justice.
The Declaration of Rights in our new Constitution has both civil and political rights
as well as economic, social and cultural rights. It also provides for environmental
rights. Civil and political rights are rights that a person has as a citizen.
Such rights protect a person from uncalled-for abuse by government, other
people or organisations. They also ensure one’s ability to participate in civil and
political life in their country without discrimination or repression. Examples of
rights in this group are the right to life, to liberty, not to be tortured, freedom of
expression, assembly and association and the right to engage in political
activity. Rights in this group are called first generation rights because they were
the first human rights to be recognized.
Economic, social and cultural rights relate to basic necessities of life such
as right to work, shelter, food, health, education and own language. These
rights are called second generation rights because they were
recognised after the need for civil and political rights had been clearly
established. Solidarity and group rights are also referred to as third
generation rights include right to development, peace and a clean
environment.
Rights, duties and responsibilities go together. Each person has the
responsibility of respecting the rights of others and the duty to obey the
Constitution and other laws in Zimbabwe. As such, some rights in the Declaration
of Rights are limited in ways that make sure that the public interest is served and
that they do not violate the rights of other people.
2. Do other countries have a declaration of rights?
Many countries have declarations of rights in their constitutions. This is the
case in most countries that have modern constitutions, for example, South
Africa and Namibia.
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