Every Kenyan
The rights and protections that belong to everyone.
Guides
How elections work
The six seats you vote for, who runs elections, and why every vote counts.
How government works in Kenya
Two levels of government, three arms, and power that belongs to the people.
Taxes and public money
Where public money comes from, how it is shared, and how it is spent.
How to get government services
IDs, passports, certificates and the offices that help you get them.
How to hold leaders to account
Public participation, petitions, information requests and your representatives.
Your rights as a driver or rider
What to do at a traffic stop, your rights when arrested, and getting paid for your work.
Your rights: an overview
The Bill of Rights belongs to every person in Kenya — here is what it covers.
How county government works
The 47 counties, your governor, your MCA, and the services closest to you.
Rights of doctors and health workers
Fair working conditions, the right to health care, and treating patients with dignity.
How a bill becomes law
From a proposed law to an Act of Parliament, and where you come in.
In simple words
Rights and fundamental freedoms
- The Bill of Rights is a core part of Kenya's democracy.
Art. 19(1)
(1) The Bill of Rights is an integral part of Kenya’s democratic state and is the framework for social, economic and cultural policies.
Read the full article → - Its purpose is to protect the dignity of every person and community, and to promote social justice.
Art. 19(2)
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
Read the full article → - Your rights belong to you. They are not given to you by the State.
Art. 19(3)(a)
(a) belong to each individual and are not granted by the State;
Read the full article → - The Bill of Rights does not exclude other rights recognised by law.
Art. 19(3)(b)
(b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised or conferred by law, except to the extent that they are inconsistent with this Chapter; and
Read the full article →
- You have rights just because you are a person. They are yours, and no one gives them to you.
Art. 19(3)(a)
(a) belong to each individual and are not granted by the State;
Read the full article → - Rights help everyone live with dignity and fairness.
Art. 19(2)
(2) The purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
Read the full article →
Application of Bill of Rights
- The Bill of Rights applies to all law and binds the State and all people.
Art. 20(1)
(1) The Bill of Rights applies to all law and binds all State organs and all persons.
Read the full article → - Everyone should enjoy their rights as fully as possible.
Art. 20(2)
(2) Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.
Read the full article → - When applying rights, courts must interpret the law in the way that best protects your rights.
Art. 20(3)(b)
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
Read the full article →
- The rules about rights apply to everyone, everywhere in Kenya.
Art. 20(1)
(1) The Bill of Rights applies to all law and binds all State organs and all persons.
Read the full article → - If there is a choice, the law should be read in the way that protects your rights best.
Art. 20(3)(b)
(b) adopt the interpretation that most favours the enforcement of a right or fundamental freedom.
Read the full article →
Limitation of rights and fundamental freedoms
- A right may only be limited by law, and only when the limit is reasonable and justifiable in a free and democratic society.
Art. 24(1)
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Read the full article → - Even when limited, a right cannot be emptied of its core meaning.
Art. 24(2)(c)
(c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content.
Read the full article → - The State must be able to show the court that any limit on a right is justified.
Art. 24(3)
(3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
Read the full article →
- Some rules can limit a right, but only if they are fair and if they are needed to protect others.
Art. 24(1)
(1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including— (a) the nature of the right or fundamental freedom; (b) the importance of the purpose of the limitation; (c) the nature and extent of the limitation; (d) the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others; and (e) the relation between the limitation and its purpose and whether there are less restrictive means to achieve the purpose.
Read the full article →
Fundamental Rights and freedoms that may not be limited
- Some rights can never be limited, even in an emergency.
Art. 25
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - Freedom from torture and cruel, inhuman or degrading treatment can never be limited.
Art. 25(a)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - Freedom from slavery or servitude can never be limited.
Art. 25(b)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - The right to a fair trial can never be limited.
Art. 25(c)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article →
- Some rights can never be taken away, not even in an emergency.
Art. 25
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article → - No one is ever allowed to torture you or treat you cruelly.
Art. 25(a)
Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited— (a) freedom from torture and cruel, inhuman or degrading treatment or punishment; (b) freedom from slavery or servitude; (c) the right to a fair trial; and (d) the right to an order of habeas corpus.
Read the full article →
Right to life
- Every person has the right to life.
Art. 26(1)
(1) Every person has the right to life.
Read the full article → - The life of a person begins at conception.
Art. 26(2)
(2) The life of a person begins at conception.
Read the full article → - No one may be deprived of life intentionally, except as the law allows.
Art. 26(3)
(3) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law.
Read the full article → - Abortion is not allowed unless a trained health professional finds a need for emergency treatment, or the mother's life or health is in danger, or another law permits it.
Art. 26(4)
(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law.
Read the full article →
- Every person has the right to live.
Art. 26(1)
(1) Every person has the right to life.
Read the full article →
Equality and freedom from discrimination
- Everyone is equal before the law, and everyone gets the same protection and benefits from it.
Art. 27(1)
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
Read the full article → - Women and men have equal rights and equal opportunities.
Art. 27(3)
(3) Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
Read the full article → - The State must not discriminate against you for any reason, including your race, sex, pregnancy, marital status, health, ethnicity, colour, age, disability, religion, culture, dress, language or birth.
Art. 27(4)
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
Read the full article → - No person is allowed to discriminate against another person.
Art. 27(5)
(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
Read the full article →
- Everyone is the same in the eyes of the law. Boys and girls, and people big and small, all have the same rights.
Art. 27(1)
(1) Every person is equal before the law and has the right to equal protection and equal benefit of the law.
Read the full article → - No one should be treated badly because of how they look, where they come from, or what they believe.
Art. 27(4)
(4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
Read the full article →
Human dignity
- Every person has worth and must be treated with respect. No one may take your dignity away.
Art. 28
Every person has inherent dignity and the right to have that dignity respected and protected.
Read the full article →
- You matter. Everyone matters. Always treat people with kindness and respect.
Art. 28
Every person has inherent dignity and the right to have that dignity respected and protected.
Read the full article →
Freedom and security of the person
- No one may take away your freedom without a good reason or a fair process.
Art. 29(a)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - You may not be held in jail without being taken to trial, except during a declared state of emergency.
Art. 29(b)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - No one may hurt you — not the government and not other people.
Art. 29(c)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - Torture is never allowed, whether it is physical or mental.
Art. 29(d)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - Corporal punishment is not allowed.
Art. 29(e)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - You may not be treated or punished in a cruel, inhuman or degrading way.
Art. 29(f)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article →
- Nobody is allowed to hurt you or be mean to you — not a grown-up, not anyone.
Art. 29(c)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article → - No one can lock you up for no reason.
Art. 29(a)
Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner.
Read the full article →
Slavery, servitude and forced labour
- No person may be held in slavery or servitude.
Art. 30(1)
(1) A person shall not be held in slavery or servitude.
Read the full article → - No person may be forced to do forced labour.
Art. 30(2)
(2) A person shall not be required to perform forced labour.
Read the full article →
- No one is allowed to own another person or force them to work.
Art. 30
(1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour.
Read the full article →
Privacy
- Your body, your home and your property may not be searched without a good legal reason.
Art. 31(a)
Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.
Read the full article → - Your possessions may not be seized from you unlawfully.
Art. 31(b)
Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.
Read the full article → - You do not have to reveal private information about your family or personal life unless the law requires it.
Art. 31(c)
Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.
Read the full article → - Your phone calls, messages and emails are private.
Art. 31(d)
Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.
Read the full article →
- Your home and your things are yours. People should ask before they look through them.
Art. 31(a)
Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.
Read the full article → - Your messages are private. Nobody should read them without a good reason.
Art. 31(d)
Every person has the right to privacy, which includes the right not to have— (a) their person, home or property searched; (b) their possessions seized; (c) information relating to their family or private affairs unnecessarily required or revealed; or (d) the privacy of their communications infringed.
Read the full article →
Freedom of conscience, religion, belief and opinion
- Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
Art. 32(1)
(1) Every person has the right to freedom of conscience, religion, thought, belief and opinion.
Read the full article → - You can practise and teach your religion, alone or with others, in public or in private.
Art. 32(2)
(2) Every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship.
Read the full article → - You may not be denied a job, service or right because of your religion or belief.
Art. 32(3)
(3) A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.
Read the full article → - No one can be forced to do something against their religion or belief.
Art. 32(4)
(4) A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.
Read the full article →
- You can believe what you believe, and practise your religion, alone or with others.
Art. 32(1)
(1) Every person has the right to freedom of conscience, religion, thought, belief and opinion.
Read the full article → - No one can stop you because of your religion.
Art. 32(3)
(3) A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion.
Read the full article →
Freedom of expression
- You are free to say what you think, and to look for, get, and share information and ideas.
Art. 33(1)(a)
(a) freedom to seek, receive or impart information or ideas;
Read the full article → - You are free to make art, and to study and do research.
Art. 33(1)(b)
(b) freedom of artistic creativity; and
Read the full article → - But you may not use words to spread war, violence, or hate.
Art. 33(2)
(2) The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4).
Read the full article → - When you speak, you must still respect other people's rights and good name.
Art. 33(3)
(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.
Read the full article →
- You can say what you feel. You can ask questions and tell others what you learn.
Art. 33(1)(a)
(a) freedom to seek, receive or impart information or ideas;
Read the full article → - You can draw, sing, and make things. You can learn and find out new things.
Art. 33(1)(b)
(b) freedom of artistic creativity; and
Read the full article → - But you must not use words to hurt people or start fights.
Art. 33(2)
(2) The right to freedom of expression does not extend to— (a) propaganda for war; (b) incitement to violence; (c) hate speech; or (d) advocacy of hatred that— (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4).
Read the full article → - Be kind with your words, because other people matter too.
Art. 33(3)
(3) In the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others.
Read the full article →
Access to information
- You have the right to see information held by the government.
Art. 35(1)(a)
(a) information held by the State; and
Read the full article → - You can get information you need in order to use or protect your rights.
Art. 35(1)(b)
(b) information held by another person and required for the exercise or protection of any right or fundamental freedom.
Read the full article → - If something untrue is said about you, you can ask for it to be corrected or removed.
Art. 35(2)
(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.
Read the full article → - The government must tell the public about important matters that affect the country.
Art. 35(3)
(3) The State shall publish and publicise any important information affecting the nation.
Read the full article →
- You can ask grown-ups in government questions, and they should tell you the truth.
Art. 35(1)(a)
(a) information held by the State; and
Read the full article →
Freedom of association
- Everyone has the right to form, join or take part in an association of any kind.
Art. 36(1)
(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
Read the full article → - No one can be forced to join an association.
Art. 36(2)
(2) A person shall not be compelled to join an association of any kind.
Read the full article → - If an association must be registered, registration cannot be refused or withdrawn unreasonably.
Art. 36(3)(a)
(a) registration may not be withheld or withdrawn unreasonably; and
Read the full article → - You have a right to a fair hearing before a registration is cancelled.
Art. 36(3)(b)
(b) there shall be a right to have a fair hearing before a registration is cancelled.
Read the full article →
- You can join groups with other people, and no one can force you to join.
Art. 36(1)
(1) Every person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association of any kind.
Read the full article →
Assembly, demonstration, picketing and petition
- You can gather, march or protest peacefully, as long as you are not carrying weapons.
Art. 37
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
Read the full article → - You can present your complaints and petitions to the government.
Art. 37
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
Read the full article →
- You can walk together with other people to show what you think, if you are peaceful and no one carries a weapon.
Art. 37
Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.
Read the full article →
Freedom of movement and residence
- You can move around freely in Kenya.
Art. 39(1)
(1) Every person has the right to freedom of movement.
Read the full article → - You can leave Kenya if you want to.
Art. 39(2)
(2) Every person has the right to leave Kenya.
Read the full article → - As a citizen, you can enter, stay and live anywhere in Kenya.
Art. 39(3)
(3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.
Read the full article →
- You can move around and travel freely.
Art. 39(1)
(1) Every person has the right to freedom of movement.
Read the full article → - As a Kenyan, you can live anywhere in your country.
Art. 39(3)
(3) Every citizen has the right to enter, remain in and reside anywhere in Kenya.
Read the full article →
Protection of right to property
- You can own property anywhere in Kenya.
Art. 40(1)
(1) Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property— (a) of any description; and (b) in any part of Kenya.
Read the full article → - The State may not take your property unless it is for a public purpose and you are paid fair compensation promptly.
Art. 40(3)(b)
(b) is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that—
Read the full article → - Property that was obtained unlawfully is not protected by this right.
Art. 40(6)
(6) The rights under this Article do not extend to any property that has been found to have been unlawfully acquired.
Read the full article →
- You can own things. No one should take your things without a good reason and without paying you.
Art. 40(3)(b)
(b) is for a public purpose or in the public interest and is carried out in accordance with this Constitution and any Act of Parliament that—
Read the full article →
Environment
- Every person has the right to a clean and healthy environment.
Art. 42
Every person has the right to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.
Read the full article → - The environment must be protected for present and future generations.
Art. 42(a)
Every person has the right to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.
Read the full article →
- Everyone has the right to live in a clean, healthy place.
Art. 42
Every person has the right to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.
Read the full article →
Economic and social rights
- Everyone has the right to the best possible standard of health, including health care services.
Art. 43(1)(a)
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
Read the full article → - Everyone has the right to decent housing and to reasonable sanitation.
Art. 43(1)(b)
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
Read the full article → - Everyone has the right to enough good food, and to be free from hunger.
Art. 43(1)(c)
(c) to be free from hunger, and to have adequate food of acceptable quality;
Read the full article → - Everyone has the right to clean and safe water in enough quantity.
Art. 43(1)(d)
(d) to clean and safe water in adequate quantities;
Read the full article → - Everyone has the right to social security.
Art. 43(1)(e)
(e) to social security; and
Read the full article → - Everyone has the right to education.
Art. 43(1)(f)
(f) to education.
Read the full article → - No one may be refused emergency medical treatment.
Art. 43(2)
(2) A person shall not be denied emergency medical treatment.
Read the full article →
- Every person should have food, water, a home, and a school to go to.
Art. 43(1)
(1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education.
Read the full article → - If you are very sick and need help right away, the hospital must help you.
Art. 43(2)
(2) A person shall not be denied emergency medical treatment.
Read the full article →
Family
- The family is the natural and fundamental unit of society and is protected by the State.
Art. 45(1)
(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
Read the full article → - Every adult has the right to marry a person of the opposite sex, based on their free consent.
Art. 45(2)
(2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
Read the full article → - Spouses have equal rights during the marriage and when it ends.
Art. 45(3)
(3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
Read the full article →
- Families are important, and the State protects them.
Art. 45(1)
(1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
Read the full article → - Grown-ups can choose to marry freely.
Art. 45(2)
(2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
Read the full article →
Consumer rights
- Consumers have the right to goods and services of reasonable quality.
Art. 46(1)(a)
(a) to goods and services of reasonable quality;
Read the full article → - Consumers have the right to the information they need to benefit fully from goods and services.
Art. 46(1)(b)
(b) to the information necessary for them to gain full benefit from goods and services;
Read the full article → - Consumers have the right to protection of their health, safety and economic interests.
Art. 46(1)(c)
(c) to the protection of their health, safety, and economic interests; and
Read the full article → - Consumers have the right to compensation for loss or injury caused by defective goods or services.
Art. 46(1)(d)
(d) to compensation for loss or injury arising from defects in goods or services.
Read the full article →
- When you buy something, it should work well and be of good quality.
Art. 46(1)(a)
(a) to goods and services of reasonable quality;
Read the full article → - If something you bought hurts you or is broken, you can be compensated.
Art. 46(1)(d)
(d) to compensation for loss or injury arising from defects in goods or services.
Read the full article →
Fair administrative action
- When the government makes a decision about you, it must be fair, lawful and made without unnecessary delay.
Art. 47(1)
(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
Read the full article → - If a decision affects your rights, you have the right to be given written reasons for it.
Art. 47(2)
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
Read the full article →
- When someone in charge decides something about you, they should be fair and explain why.
Art. 47(2)
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
Read the full article →
Access to justice
- The State must make sure everyone can go to court to settle a dispute.
Art. 48
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
Read the full article → - If there is a fee to go to court, it must be reasonable and must not stop you from getting justice.
Art. 48
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
Read the full article →
- If something is unfair, you can ask a court to help. The cost should not stop you.
Art. 48
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
Read the full article →
Rights of arrested persons
- If you are arrested, the police must tell you why, in a language you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You have the right to stay silent. You do not have to explain yourself.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You have the right to call a lawyer, and to talk to people who can help you.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - You must not be forced to confess or admit to anything.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You must be taken to court within 24 hours.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
Read the full article → - You can ask to be released on bail unless there is a strong reason not to.
Art. 49(1)(h)
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
Read the full article →
- If a police officer stops you, they must tell you why, in a way you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You can stay quiet. You do not have to answer.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You can ask to talk to a grown-up who helps you, like a lawyer or a parent.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - No one is allowed to force you to say you did something wrong.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You should be taken to a judge very fast, within one day.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
Read the full article →
Rights of persons detained, held in custody or imprisoned
- Even if you are detained or in prison, you keep your rights in the Bill of Rights.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
Read the full article → - If you are detained, you can ask a court for a habeas corpus order (an order to bring you before a court).
Art. 51(2)
(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.
Read the full article →
- Even people in prison still have rights and must be treated well.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
Read the full article →
Children
- Every child has the right to a name and a nationality from birth.
Art. 53(1)(a)
(a) to a name and nationality from birth;
Read the full article → - Every child has the right to free and compulsory basic education.
Art. 53(1)(b)
(b) to free and compulsory basic education;
Read the full article → - Every child has the right to food, shelter and health care.
Art. 53(1)(c)
(c) to basic nutrition, shelter and health care;
Read the full article → - Every child must be protected from abuse, neglect, violence and harmful practices.
Art. 53(1)(d)
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
Read the full article → - Both parents have equal responsibility to provide for the child, whether they are married or not.
Art. 53(1)(e)
(e) 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
Read the full article → - A child should only be detained as a last resort, for the shortest possible time, and kept separate from adults.
Art. 53(1)(f)
(f) not to be detained, except as a measure of last resort, and when detained, to be held—
Read the full article → - In every matter concerning a child, what is best for the child comes first.
Art. 53(2)
(2) A child’s best interests are of paramount importance in every matter concerning the child.
Read the full article →
- Every child should have a name, go to school, and have food, a home and a doctor.
Art. 53(1)
(1) Every child has the right— (a) to a name and nationality from birth; (b) to free and compulsory basic education; (c) to basic nutrition, shelter and health care; (d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour; (e) 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 (f) not to be detained, except as a measure of last resort, and when detained, to be held— (i) for the shortest appropriate period of time; and (ii) separate from adults and in conditions that take account of the child’s sex and age.
Read the full article → - The most important thing is what is best for the child.
Art. 53(2)
(2) A child’s best interests are of paramount importance in every matter concerning the child.
Read the full article →