“No person may be subjected to physical or psychological
torture or to cruel, inhuman or degrading treatment or
punishment.”
6.1.3 Section 86 of the Constitution provides for the circumstances
under which fundamental human rights and freedoms may be limited
or permitted. 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) in its entirety. 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.”
6.1.4 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.”
6.1.5 Section 49 (1) (b) of the Constitution provides for the right to
personal liberty and states that;
“Every person has the right to personal liberty, which includes
the right not to be deprived of their liberty arbitrarily or without
just cause.”
6.1.6 Section 81 (2) of the Constitution provided for the best interests
of the child and states that;
“A child’s best interests are paramount in every matter concerning
the child.”
6.1.7
Section 81 (1) (i) of the Constitution provides for conditions of the
detention of the child as follows;
“Every child, that is to say every boy and girl under the age of
eighteen years, has the rightPage 13 of 37