Under the Declaration of Rights the State and every person, including juristic persons, and every institution and agency of the government at every level must respect, protect, promote and fulfill the rights and freedoms of all Zimbabweans.
The chapter enshrines the right to life, liberty, human dignity and personal security. It covers the rights of arrested persons as well.
The Declaration of Rights spells out that any person who is arrested has the right to be “informed at the time of arrest of the reason for the arrest”.
The arrested person must be permitted without delay at the expense of the State, to contact their spouse or partner, or a relative or legal practitioner, or anyone else of their choice.
Persons under arrest are allowed, at their own expense, to consult in private with a legal practitioner and a medical practitioner of their choice and must be informed of this right promptly.
According to the Declaration of Rights, an arrested person must be permitted to challenge the lawfulness of the arrest in person before a court and must be released promptly if the arrest is unlawful.
Any person who is arrested “must be brought before a court as soon as possible and in any event not later than forty-eight hours after the arrest took place or the detention began, as the case may be, whether or not the period ends on a Saturday, Sunday or public holiday”.
Under the Declaration of Rights, every Zimbabwean is entitled to freedom from torture, inhumane, cruel and degrading treatment and punishment. Zimbabweans are entitled to, as proposed in the Declaration of Rights, freedom from slavery, servitude and forced labour.
Although the Declaration of Human Rights recognises that every person has the right to life, a law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and:
The penalty must however not be imposed on a person who was less than twenty-one years old when the offence was committed or who is more than seventy years old.
The death penalty, according to the draft constitution, must not be imposed or carried out on a woman and the person sentenced must have a right to seek pardon or commutation of the penalty from the President.
The Declaration of Rights provides for equality and non-discrimination and the right to privacy.
Every Zimbabwean is entitled to freedom of assembly and association as well as access to information.
The Declaration of Rights says that every Zimbabwean has the right to choose and carry on any profession, trade or occupation but this might be regulated by law. There are provisions that entitle every person to the right to demonstrate and petition as well as freedom of conscience, profession, occupation and trade.
The Declaration of Rights states that except for members of the security services, every employee has the right to take part in collective job action. However, a law may restrict the exercise of these rights in order to maintain essential services.
Every Zimbabwean has the right to an environment that is not harmful to their health.
There is a section which spells out that every Zimbabwean has the right to a language and cultural right of his or her choice “but no person exercising these rights may do so in a way that is inconsistent with this Chapter”.
The Declaration of Rights covers labour and political rights, freedom of movement and residence, the right to administrative justice and a fair hearing.
On Labour, the Declaration of Rights states that every Zimbabwean has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.
Under political rights, Zimbabweans have the right to make their choices freely. Property rights are enshrined in this chapter as well as the right to agricultural land and freedom from arbitrary eviction.
The Declaration of Rights provides for the right to education, health care, food and water as well as marriage rights and the rights of women, children, the elderly and persons with disabilities and war veterans.
The inclusion of social, economic, cultural and environmental rights is a new feature of the Constitution. Same sex marriages are prohibited under the Declaration of Rights.
In the breach of the above rights, the Declaration provides that a person acting in his or her interests or an organisation appearing on their behalf can approach a court of law to seek redress.
Post published in: News