Examining Human Rights Issues and the Democracy Project in Sub-Saharan Africa by Udogu E. Ike;Udogu E Ike;

Author:Udogu, E. Ike;Udogu, E Ike; [Udogu, E. Ike]
Language: eng
Format: epub
Publisher: Lexington Books
Published: 2014-08-15T00:00:00+00:00

Table 5.1. National Constitution and Human Rights 2004

Title III: Fundamental Rights, Duties, and Freedoms

CHAPTER I: GENERAL PRINCIPLES

Article 35: Principle of Universality:

All citizens are equal before the law, and they shall enjoy the same rights and be subject to the same duties, regardless of colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, the marital status of their parents, their profession or their political preference.

Article 36: Principle of Equality:

Men and women shall be equal before the law in all spheres of political, economic, social and cultural life.

Article 38: Duty to Respect the Constitution:

1. All citizens shall have the duty to respect the constitutional order.

2. Acts contrary to the provisions of the Constitution shall be subject to punishment in terms of the law.

Article 39: Acts against National Unity:

All acts intended to undermine national unity, to disturb social harmony or to create divisions or situations of privilege or discrimination based on colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, physical or mental ability, the marital status of one’s parents, profession or political preference, shall be punished in terms of the law.

Article 40: Right to Life:

1. All citizens shall have the right to life and to physical and moral integrity, and they shall not be subjected to torture or to cruel or inhuman treatment.

2. There shall be no death penalty in the Republic of Mozambique.

Article 41: Other Individual Rights:

All citizens shall have the right to their honour, good name and their reputation, as well as the right to defend their public image and to protect their privacy.

Article 42: Scope and Meaning of Fundamental Rights:

The fundamental rights enshrined in the Constitution shall not exclude any other rights provided for by law.

Article 43: Interpretation of Fundamental Rights:

The constitutional principles in respect of fundamental rights shall be interpreted and integrated in harmony with the Universal Declaration of Human Rights and with the African Charter of Human and Peoples Rights.

Article 44: Duties Towards One’s Fellow Beings:

All individuals shall have the duty to respect and consider their fellow beings without any form of discrimination whatsoever, and to maintain relations with them aimed at promoting, safeguarding and strengthening respect, mutual tolerance and solidarity.

Article 47: Rights of Children:

1. Children shall have the right to protection and the care required for their well being.

2. Children may express their opinion freely on issues that relate to them, according to their age and maturity.

3. All acts carried out by public entities or private institutions in respect of children shall take into account, primarily, the paramount interests of the child.

CHAPTER II

RIGHTS, DUTIES AND FREEDOMS

Article 48: Freedom of Expression and Information:

1. All citizens shall have the right to freedom of expression and to freedom of the press, as well as the right to information.

2. The exercise of freedom of expression, which consists of the ability to impart one’s opinions by all lawful means, and the exercise of the right to information shall not be restricted by censorship.

3. Freedom of the press shall include, in particular,

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