(2) Subject to this Constitution, and in particular to subsection (4), the rights and freedoms set out in Part II may be limited in terms of a law that is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. (3) In determining whether or not a law limiting a right or freedom is reasonable and justifiable for the purposes of subsection (1), all relevant factors must be taken into account, including– (a) the nature of the right or freedom; (b) the purpose of the limitation, in particular whether it is imposed in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest; (c) the extent of the limitation, in particular whether it permits due recognition to be given to the rights and freedoms of others; (d) the relation between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose; and (e) whether there are any less restrictive means of achieving the purpose of the limitation. (4) The following rights may not be limited, except to an extent permitted by the sections in which the rights are set out (a) the right to life set out in section thirty-seven; (b) the rights, set out in section thirty-eight– (i) to be treated with humanity and respect for inherent human dignity; (ii) to challenge the lawfulness of arrest or detention; (c) the right not to be subjected to medical or scientific experiments, set out in section thirty-nine; (d) the right not to be held in slavery or servitude, set out in section forty; (e) the right not to be tortured or subjected to cruel or inhuman treatment or punishment, set out in section forty-one; (f) the right to inherent dignity set out in section forty-two; (g) the right to a fair trial set out in section fifty; (h) the rights of children set out in section fifty-four. 63 Limitations during emergency In addition to the limitations permitted by section sixty-two, the rights and freedoms set out in Part II may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by the Second Schedule. - 36 -