Know the Law and Your Rights. Article 20 to article 24 under Chapter Four of the 1995 Constitution of Uganda.
Protection and promotion of fundamental and other human rights and freedoms.
General.
20. Fundamental and other human rights and freedoms.
(1) Fundamental rights and freedoms of the individual are inherent and not granted by the State.
(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
21. Equality and freedom from discrimination.
(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
(4) Nothing in this article shall prevent Parliament from enacting laws that are necessary for—
(a) implementing policies and programmes aimed at redressing social, economic, educational or other imbalance in society; or
(b) making such provision as is required or authorised to be made under this Constitution; or
(c) providing for any matter acceptable and demonstrably justified in a free and democratic society.
(5) Nothing shall be taken to be inconsistent with this article which
is allowed to be done under any provision of this Constitution.
22. Protection of right to life.
(1) No person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court.
(2) No person has the right to terminate the life of an unborn child except as may be authorised by law.
23. Protection of personal liberty.
(1) No person shall be deprived of personal liberty except in any of the following cases—
(a) in execution of the sentence or order of a court, whether established for Uganda or another country or of an international court or tribunal in respect of a criminal offence of which that person has been convicted, or of an order of a court punishing the person for contempt of court;
(b) in execution of the order of a court made to secure the fulfillment of any obligation imposed on that person by law;
(c) for the purpose of bringing that person before a court in execution of the order of a court or upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of Uganda;
(d) for the purpose of preventing the spread of an infectious or contagious disease;
(e) in the case of a person who has not attained the age of eighteen years, for the purpose of the education or welfare of that person;
(f) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of the care or treatment of that person or the protection of the community;
(g) for the purpose of preventing the unlawful entry of that person into Uganda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Uganda or for the purpose of restricting that person while being conveyed through Uganda in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or
(h) as may be authorised by law, in any other circumstances similar to any of the cases specified in paragraphs (a) to (g) of this clause.
(2) A person arrested, restricted or detained shall be kept in a place authorised by law.
(3) A person arrested, restricted or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction or detention and of his or her right to a lawyer of his or her choice.
(4) A person arrested or detained—
(a) for the purpose of bringing him or her before a court in execution of an order of a court; or
(b) upon reasonable suspicion of his or her having committed or being about to commit a criminal offence under the laws of Uganda,
shall, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of his or her arrest.
(5) Where a person is restricted or detained—
(a) the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the restriction or detention;
(b) the next-of-kin, lawyer and personal doctor of that person shall be allowed reasonable access to that person; and
(c) that person shall be allowed access to medical treatment including, at the request and at the cost of that person, access to private medical treatment.
(6) Where a person is arrested in respect of a criminal offence—
(a) the person is entitled to apply to the court to be released on bail, and the court may grant that person bail on such conditions as the court considers reasonable;
(b) in the case of an offence which is triable by the High Court as well as by a subordinate court, the person shall be released on bail on such conditions as the court considers reasonable, if that person has been remanded in custody in respect of the offence before trial for one hundred and twenty days;
(c) in the case of an offence triable only by the High Court, the person shall be released on bail on such conditions as the court considers reasonable, if the person has been remanded in custody
for three hundred and sixty days before the case is committed to the High Court.
(7) A person unlawfully arrested, restricted or detained by any other person or authority shall be entitled to compensation from that other person or authority whether it is the State or an agency of the State or other person or authority.
(8) Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he or she spends in lawful custody in respect of the offence before the completion of his or her trial shall be taken into account in imposing the term of imprisonment.
(9) The right to an order of habeas corpus shall be inviolable and shall not be suspended.
24. Respect for human dignity and protection from inhuman treatment.
No person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.
General.
20. Fundamental and other human rights and freedoms.
(1) Fundamental rights and freedoms of the individual are inherent and not granted by the State.
(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
21. Equality and freedom from discrimination.
(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.
(4) Nothing in this article shall prevent Parliament from enacting laws that are necessary for—
(a) implementing policies and programmes aimed at redressing social, economic, educational or other imbalance in society; or
(b) making such provision as is required or authorised to be made under this Constitution; or
(c) providing for any matter acceptable and demonstrably justified in a free and democratic society.
(5) Nothing shall be taken to be inconsistent with this article which
is allowed to be done under any provision of this Constitution.
22. Protection of right to life.
(1) No person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court.
(2) No person has the right to terminate the life of an unborn child except as may be authorised by law.
23. Protection of personal liberty.
(1) No person shall be deprived of personal liberty except in any of the following cases—
(a) in execution of the sentence or order of a court, whether established for Uganda or another country or of an international court or tribunal in respect of a criminal offence of which that person has been convicted, or of an order of a court punishing the person for contempt of court;
(b) in execution of the order of a court made to secure the fulfillment of any obligation imposed on that person by law;
(c) for the purpose of bringing that person before a court in execution of the order of a court or upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of Uganda;
(d) for the purpose of preventing the spread of an infectious or contagious disease;
(e) in the case of a person who has not attained the age of eighteen years, for the purpose of the education or welfare of that person;
(f) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of the care or treatment of that person or the protection of the community;
(g) for the purpose of preventing the unlawful entry of that person into Uganda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Uganda or for the purpose of restricting that person while being conveyed through Uganda in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or
(h) as may be authorised by law, in any other circumstances similar to any of the cases specified in paragraphs (a) to (g) of this clause.
(2) A person arrested, restricted or detained shall be kept in a place authorised by law.
(3) A person arrested, restricted or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction or detention and of his or her right to a lawyer of his or her choice.
(4) A person arrested or detained—
(a) for the purpose of bringing him or her before a court in execution of an order of a court; or
(b) upon reasonable suspicion of his or her having committed or being about to commit a criminal offence under the laws of Uganda,
shall, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of his or her arrest.
(5) Where a person is restricted or detained—
(a) the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the restriction or detention;
(b) the next-of-kin, lawyer and personal doctor of that person shall be allowed reasonable access to that person; and
(c) that person shall be allowed access to medical treatment including, at the request and at the cost of that person, access to private medical treatment.
(6) Where a person is arrested in respect of a criminal offence—
(a) the person is entitled to apply to the court to be released on bail, and the court may grant that person bail on such conditions as the court considers reasonable;
(b) in the case of an offence which is triable by the High Court as well as by a subordinate court, the person shall be released on bail on such conditions as the court considers reasonable, if that person has been remanded in custody in respect of the offence before trial for one hundred and twenty days;
(c) in the case of an offence triable only by the High Court, the person shall be released on bail on such conditions as the court considers reasonable, if the person has been remanded in custody
for three hundred and sixty days before the case is committed to the High Court.
(7) A person unlawfully arrested, restricted or detained by any other person or authority shall be entitled to compensation from that other person or authority whether it is the State or an agency of the State or other person or authority.
(8) Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he or she spends in lawful custody in respect of the offence before the completion of his or her trial shall be taken into account in imposing the term of imprisonment.
(9) The right to an order of habeas corpus shall be inviolable and shall not be suspended.
24. Respect for human dignity and protection from inhuman treatment.
No person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.
Comments
Post a Comment