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CHAPTER FOUR

CHAPTER FOUR

Part 3 – Specific application of rights

52.

Interpretation of this Part

  1. This Part elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons.

  2. This Part shall not be construed as limiting or qualifying any right.


53.

Children

  1. Every child has the right –

    1. to a name and nationality from birth;

    2. to free and compulsory basic education;

    3. to basic nutrition, shelter and health care;

    4. to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;

    5. to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and

    6. not to be detained, except as a measure of last resort, and when detained, to be held –

      1. for the shortest appropriate period of time; and

      2. separate from adults and in conditions that take account of the child's sex and age.

  2. A child's best interests are of paramount importance in every matter concerning the child.


54.

Persons with disability

  1. A person with any disability is entitled––

    1. to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning;

    2. to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person;

    3. to reasonable access to all places, public transport and information;

    4. to use Sign language, Braille or other appropriate means of communication; and

    5. to access materials and devices to overcome constraints arising from the person's disability.

  2. The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.


55.

Youth

  1. The State shall take measures, including affirmative action programmes, to ensure that the youth–

    1. access relevant education and training;

    2. have opportunities to associate, be represented and participate in political, social, economic and other spheres of life;

    3. access employment; and

    4. are protected from harmful cultural practices and exploitation.


56.

Minority and marginalized groups

  1. The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups–

    1. participate and are represented in governance and other spheres of life;

    2. are provided special opportunities in educational and economic fields;

    3. are provided special opportunities for access to employment;

    4. develop their cultural values, languages and practices; and

    5. have reasonable access to water, health services and infrastructure.


57.

Older members of society

  1. The State shall take measures to ensure the rights of older persons– –

    1. to fully participate in the affairs of society;

    2. to pursue their personal development;

    3. to live in dignity and respect and be free from abuse; and

    4. to receive reasonable care and assistance from their family and the State.


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