PART IV - HUMAN RIGHTS
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Section 15 (2)
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Insert, in the second line, the words "promotion," before "protection" and the word "human" before "rights". Insert the words ", enforcement" before the words "and redress". Also insert the word "any" before the word "grievance" which should itself read "grievances". |
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Section 20
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"national, ethnic or social origin" and not "nationality, ethnic or social origin" |
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Note:
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This will then accord with the language in international conventions from which it was drawn. What is being described is one's "origin" and the prohibition is directed at discrimination on the ground of one's national, ethnic or social origin. - See, for example, the International Bill of Rights (known as the Universal Declaration of Human Rights), Article 2 thereof. |
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Section 22 (8)
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"Under the age of fifteen years" or "under fifteen years of age" as in section 23 (5) for linguistic consistency? |
| Shouldn’t the age of fifteen years for entering marriage be raised to sixteen years to be in line with the definition of children in section 23 (5) as being persons under the age of sixteen years, which definition accords with international conventions? This will mean that marriages between or to children are prohibited altogether. | |
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Section 23
Subsection (4) (c) |
"physical, mental, spiritual or social development" and not "physical, mental or spiritual or social development" (i.e. delete "or" appearing between "mental" and "spiritual" and substitute a comma). |
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Subsection (5)
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"persons under sixteen years of age" or "persons under the age of sixteen years" as in section 22(8) for linguistic consistency? |
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Section 24 (1) (b) (i)
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Should this provision be restricted to property commonly held by husband and wife or extended to property commonly enjoyed or in common use between them? (May be a substantial amendment not for this exercise). |
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Section 37
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In the last line, insert "or her" after "his" so that, consistent with the rest of the text of the Constitution, it reads "required for the exercise of his or her right". |
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Section 42
Subsection (1) (d) |
"religious counsellor" and not "religion counsellor". |
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Subsection (2) (g)
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Need for a definition of "child". The definition may be stated in this section as to be decided or by reference to section 23 (5). |
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Section 43 (b)
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The provision reads- |
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"Administrative:
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Every person shall have the right Justice to
(a)....... (b) be furnished with the reasons in writing for administrative action where his or her rights, freedoms, legitimate expectations or interests if those interests are known ". |
| Words describing effects of the situations introduced by the word "where" have been omitted. The phrase "those interests" is narrow since the provision refers to "rights, freedoms, legitimate expectations or interests". | |
| The provision should read correctly thus- | |
| "be furnished with reasons in writing for the administrative action where his or her rights, freedoms, legitimate expectations or interests are affected and if they are known" | |
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Section 45
Subsection (6) |
"under subparagraph (i)" and not (c) (ii) "under of subparagraph (i)" |
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Section 46
Subsection (1) |
Insert a comma after the word "action" to correspond with the preceding comma appearing after the words "any law" so as to make it clear that the predicate that follows applies to laws made by Parliament as well as to executive actions taken by the Government. The provision should read- |
| "Save in so far as it may be authorised to do so by this Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of government shall not take any action, which abolishes or abridges the fundamental rights and freedoms conferred by this Chapter and any law or actions in contravention thereof shall, to the extent of the contravention, be invalid.". | |
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Subsections (1)
and (2) |
Here again there is reference to "fundamental rights and freedoms" and not just to "rights and freedoms" |
| In subsection (1) the reference is to "fundamental rights and freedoms conferred by this Chapter" while in subsection (2) the reference is to- | |
| "Fundamental rights and freedoms guaranteed
by this Constitution".
Are these differentiation’s intended or indeed desirable? Are these not the same guarantees? |