ADVICE

Here are some Human Rights Questions and Answers:

WHAT YOU SHOULD KNOW ABOUT OUR CONSTITUTION RIGHTS

When Saint Vincent and the Grenadines became politically Independent on October, 27, 1979, a document containing a set of rules outlining how this country is to be governed was declared and made law. It is the highest and most fundamental law in Saint Vincent and the Grenadines. It is our supreme law. It is our CONSTITUTION.

The Preamble or introductory section of that Constitution is as follows:

QUOTE: Whereas the Peoples of the Islands of Saint Vincent and the Grenadines who are known as Vincentians –

1. have affirmed that the Nation is founded on the belief in the supremacy of God and the freedom and dignity of man;
2. desire that their society be so ordered as to express their cognition of the principles of democracy, free institutions, social justice and equality before the law;
3. realize that the maintenance of human dignity pre-supposes safeguarding the rights to privacy of family life, or property and fostering of the pursuit of just economic rewards for labour;
4. desire that their Constitution shall enshrine the above-mentioned freedoms, principles and ideals.”

NOW THEEFORE is set out the detailed provisions of this Constitution.

The first Chapter is entitled “PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS,” and can be found from Section 1 to Section 13. it details out those rights which consists of:

• the right to life, liberty and security of the person
• the right to protection of law
• freedom of conscience and expression
• freedom of assembly and association
• the right to the protection of the privacy of ones’s home
• the right not to be deprived of your property, except for a public purpose and with the payment of adequate compensation within a reasonable time
• the right not to be subjected to the arbitrary search of your person, property, or to the entry of others on your land, except with your consent.

It proclaims the rights to protection from torture, or from inhumane or degrading punishment, or other treatment. Freedom of movement is protected. it also declares against discrimination based on the sex, race, place of the origin, political opinion, colour, creed or religion.

The rights and freedoms granted to us by our Constitution are limited only by to the extent that we should not use our right to infringe or limit the rights and freedoms of others, or to jeopardize the general public interest.

The Consitution does not only give us rights and freedom; it also gives us the means for enforcing them in the High Court, if they are contravened or denied to us. Section 16 of the Constitution gives the Court power to make Orders or Declarations for the purpose of enforcing the fundamental rights and freedoms granted by that very Constitution.

It, however, a State of Emergency is declared, then our rights or freedoms may be restricted. But, a State of Emergency can only be declared by the Governor-General if way is imminent between St. Vincent and another country; or if a volcanic eruption, hurricane, flood, earth-quake or such calamity has occurred; or if action has been taken by some persons of such a nature, and such an extent, as to endanger public safety, or deprive us of the goods or services essential to life.

However, a State of Emergency should not be in force one day longer than is necessary. When an Emergency is revoked all our Constitutional Rights and Freedoms must again be restored to us.

It should be noted that many rights and freedoms granted to us by our Constitution are identical to many of the rights proclaimed by the Universal Declaration of Human Rights. This is in recognition of a universal standard of human rights required for the dignity and development of all human beings as set out in that very Declaration.