policy. The South African Constitution protects some social and economic rights because it was felt that the rights to housing, health care, food and water, for example, were crucially important to most people in an economically unequal society such as South Africa’s. The same considerations would apply to Zimbabwe: indeed, one of the questions COPAC asked in its outreach programme was what social, economic and cultural rights should be included in the new constitution. Incorporation of International Instruments? A constitutional Declaration or Bill of Rights should cover at least the main rights and freedoms that are recognised internationally; indeed, it has been suggested that it should cover all of them, perhaps through a provision saying something like: “Laws of the legislature must not violate any rights recognised by international conventions to which Zimbabwe is a party.” Such a provision would have two drawbacks, however: • International instruments are usually broadly and loosely drafted, whereas rights that are protected by a constitution must be defined clearly and unambiguously so that the government and its subjects know what they can and cannot do. • A provision along the lines suggested above would allow a government to remove the constitutional protection from any right simply be renouncing or withdrawing from the treaty which embodied the right. Should it be possible to amend the Declaration of Rights? Peoples’ ideas of what rights are important vary over time. The French Declaration of the Rights of Man and of the Citizen, for example, was silent on the rights of women — a serious omission by present-day standards. And Magna Carta, in addition to protecting subjects against arbitrary punishment and the expropriation of their property without compensation — rights which are still regarded as fundamental in most countries — also protected men against arrest on the accusation of a woman, a right which could hardly be claimed nowadays. The fact that attitudes towards fundamental rights may change is important for two reasons: • Only rights that are truly fundamental should be included in a constitutional declaration of rights. • A Declaration of Rights is not only for the present, but also for future generations. • Although a constitutional declaration of rights should not be easily amendable [because if it is governments may be tempted to limit or abolish rights that have become politically inconvenient] it should not be completely unamendable. Like the rest of the constitution, a declaration of rights may need to be altered from time to time. Specific Rights What follows is a brief [and by no means complete] selection of specific rights that should be protected by our new constitution, and some of the problems associated with them: Right to life This right is so fundamental that it obviously must be included, but in defining its extent two questions arise: • Should the right cover unborn foetuses [i.e. should abortion be permissible]? • Should the death penalty be allowed? 21

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