of S v J. Mukoko27where the judiciary reiterated that no person should be subjected to physical or psychological torture, or to cruel, inhumane or degrading treatment or punishment. 5.10 In its concluding observations, the Commission passed a recommendation for Zimbabwe to repeal laws that sanction the application of corporal punishment:28 the High Court of Zimbabwe declared that corporal punishment is unconstitutional in the case of S v Chokuramba, HH 718/14. This decision has since been confirmed by the Constitutional Court which has held that judicial corporal punishment is by its nature an inhuman and degrading punishment as contemplated in section 53 of the Constitution. The court further underscored that corporal punishment inflicted on juveniles in schools and in homes by their parents, legal guardians or persons in loco parentis is unconstitutional. This locus classicus case thus effectively outlaws any form of corporal punishment on juveniles in Zimbabwe. 6. Article 6: The Right to Liberty and Security of the Person Constitutional and Legislative Measures 6.1. The Constitution guarantees every person the right to personal liberty, including the right not to be detained without trial, deprived of their liberty arbitrarily or without just cause and being imprisoned merely on the ground of inability to fulfil a contractual obligation. Furthermore, the right to bodily and psychological integrity, which includes the right to freedom from all forms of violence from public or private sources; the right to make decisions concerning reproduction and not to be subjected to medical or scientific experiments; or to the extraction or use of 27 28 2009 ZLR 93 Recommendation (l) (Concluding Observations) Page | 17

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