•
Section 50 -provides for rights of arrested and detained persons, to include the
right to be treated humanely and with respect for their inherent dignity.
•
Section 51 - provides for the right to human dignity
•
Section 53 of the Constitution, which is the most appropriate to the present
situation provides for the right to freedom from torture or cruel, inhuman or
degrading treatment or punishment as follows:
“No person may be subjected to physical or psychological torture or to cruel,
inhuman or degrading treatment or punishment.”
•
Section 57 (a) and (b) of the Constitution provides for the right to privacy and
states that;
“Every person has the right to privacy, which includes the right
not to have(a) Their home, premises or property entered without their
permission;
(b) Their person, home, premises or property searched.”
•
Section 86 provides for the circumstances under which fundamental human rights
and freedoms may be limited. However, Section 86 (3) (c) is of paramount
importance as it excludes the right to freedom from torture or cruel, inhuman or
degrading treatment or punishment from those rights that can be limited. It is
important to quote the provisions of Section 86 (3) (c) verbatim. It provides that;
“No law may limit the following rights enshrined in this chapter,
and no person may violate them(c) the right not to be tortured or subjected to cruel, inhuman
or degrading treatment or punishment.”
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