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4.4 Chapter 4 does not preclude existence of other rights
This Chapter does not preclude the existence of other rights and freedoms that may be
recognised or conferred by law, to the extent that they are consistent with this Chapter.
PART 2
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
4.5 Right to life
(1) Every person has the right to life.
(2) A law may permit the death penalty to be imposed only on a person convicted of murder
committed in aggravating circumstances, and
(a) the penalty may be carried out only in accordance with a final judgment of a
competent court;
(b) the penalty must not be imposed on a person—
(i) who was less than twenty-one years old when the offence was committed; or
(ii) who is more than seventy years old;
(c) the penalty must not be imposed or carried out on a woman;
(d) the law must permit the court a discretion whether or not to impose the penalty; and
(e) the person sentenced must have a right to seek pardon or commutation of the penalty
from the President.
(3) An Act of Parliament must protect the lives of unborn children, and that Act must
provide that pregnancy may be terminated only in accordance with that law.
4.6 Right to personal liberty
(1) Every person has the right to personal liberty, which includes the right—
(a) not to be detained without trial; and
(b) not to be deprived of their liberty arbitrarily or without just cause.
(2) No person may be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
4.7 Rights of arrested and detained persons
(1) Any person who is arrested—
(a) must be informed at the time of arrest of the reason for the arrest;
(b) must be permitted, without delay—
(i) at the expense of the State, to contact their spouse or partner, or their next of
kin or a close relative or legal practitioner, or anyone else of their choice; and
(ii) at their own expense, to consult in private with a legal practitioner and a
medical practitioner of their choice;
Select target paragraph3
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