23rd April 2000
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Liberal Party proposals for a new Constitution
Rights of the people
Children
36. Every child has the right to: a) a name and nationality from birth; b) family or parental care, or appropriate alternative care when removed from the family environment; c) basic nutrition, shelter, health care, education and social services; d) be protected from maltreatment or neglect and from exploitative labour practices; e) not be required or permitted to perform work or provide services that are inappropriate for the child's age or place at risk his/her well-being, education, physical or mental health and social development; f) not be required or permitted to marry; g) not be used in armed conflict and be protected in times of armed conflict.37. A child's best interests are of paramount importance in every matter concerning the child.
38. In this section 'child' means a person under the age of 16.
Education
39. Everyone has the right, which must be fulfilled by the state if necessary, to a basic education, including adult basic education.40. Everyone has the right to further education which the state, insofar as it's available resources permit, shall make progressively available and accessible.
41. Everyone has the right to receive an education in the official language of their choice in public educational institutions where such education is reasonably practical. In order to ensure effective access to this right, the state must consider all reasonable educational alternatives.
42. Everyone has the right to establish and maintain at their own expense independent educational institutions that do not discriminate on the basis of race or religion and maintain standards that are not inferior to standards at comparable public institutions. State subsidies to such institutions are not precluded provided they are conducive to the fulfilment of other rights under this heading.
Language and culture
43. Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.Access to information
44. Everyone has the right of access to information held by the state.Just administrative action
45. Everyone has the right to administrative action that is lawful, reasonable and procedurally fair, and to be given written reasons regarding administrative actions affecting him or her.46. Legislation must be enacted to promote an efficient administration, and to give effect to the rights in this section and to provide for review of administrative action by a court or an independent and impartial tribunal.
Access to courts and due process of law
47. Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or where appropriate another independent and impartial tribunal or forum.48. The state shall enact legislation to establish public bodies to assist citizens to settle disputes through arbitration and negotiation where this is practicable and acceptable.
Arrested, detained and accused persons
49, Everyone who is arrested for allegedly committing an offence has the right- :a) to remain silent and to be informed of this right; b) not to be compelled to make any confession or admission that could be used in evidence against him/her; c) to be brought before a court as soon as possible and in any case no later than 48 hours after the arrest; d) to be charged on first appearance before a court, or to be informed of the reason for the detention to continue or to be released; e) to be released from detention if the interests of justice permit this, subject to reasonable conditions.50. Everyone who is detained, including every sentenced prisoner, has the right: a) to be informed promptly, and in writing, of the reason for detention; b) to choose and to consult with a legal practitioner, and to be informed of this right; c) to have a legal practitioner assigned by the state and at state expense if substantial injustice would otherwise result; d) to challenge the lawfulness of the detention before a court; e) to conditions of detention that are consistent with human dignity; f) to communicate and be visited by spouse or partner, next of kin, chosen religious counsellor and chosen medical practitioner.
51. Every accused person has a right to a fair trial which includes
the right: a) to be informed of the charge in sufficient detail to respond;
b) to adequate time and facilities to prepare a defence; c) to a public
trial before an ordinary court; d) to be present during the trial; e) to
choose and be represented by a legal practitioner; f) to have a legal practitioner
assigned by the state at state expense if substantial injustice would otherwise
result; g) to be presumed innocent, to remain silent and not to testify
during proceedings; h) to adduce and challenge evidence; i) to be tried
in a language he/she understands, or if that is not practicable, to have
the proceedings interpreted; j) not to be convicted for an act or omission
that was not an offence under national or international law at the time
of action or omission; k) not to be tried again in the event of a previous
acquittal or conviction for the same alleged action or omission; l) of
appeal to, or review by, a higher court.
-Concluded
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