3. What rights are included in the declaration of rights? The rights protected in the Constitution are broad to include; civil and political rights; economic, social and cultural rights; a group right; and rights for specific groups. There is clear commitment to human rights, democracy and good governance as referred to in Chapter 1 on founding provisions, Chapter 2 on national objectives, Chapter 3 on citizenship rights and the actual Declaration of Rights, which is Chapter 4. The Declaration of Rights is binding on the State and all legislative, executive and judicial institutions and agencies of government at all levels. It also places duties on natural persons (human beings) and juristic persons (e.g. companies) depending on the nature of the right involved. Both natural and juristic persons are entitled to the rights in the Declaration of Rights. In applying and interpreting the Declaration of Rights, the courts must take into account the following: • international law and all treaties and conventions to which Zimbabwe is a party; • all the provisions of the Constitution, in particular the national objectives and principles set out in Chapter 2; and • values that underlie a democratic society based on openness, justice, human dignity, equality and freedom. In addition, the courts may consider relevant foreign law, that is, the law of other countries. 3.1 Fundamental human rights and freedoms The following are the rights which are stated in our Declaration of Rights: Right to life Every person has the right to life. However, the Constitution allows for the death penalty to be imposed if a person is convicted of murder in aggravating circumstances. The courts may not sentence the following persons to death: • anyone who was less than 21 years when the offence was committed; • anyone who is more than 70 years old; or • a woman. Unborn babies also have the right to life. A law is to be passed to outline the situations when abortion will be allowed. Right to personal liberty 3

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