5. Article 5: The right to dignity, and freedom from Torture,
Inhuman or Degrading treatment or punishment and
slavery.
Constitutional and Legislative measures
5.1. Pertaining to the right to dignity, the Constitution provides that
every person has inherent dignity in their private and public life,
and the right to have that dignity respected and protected. In
addition, it also states that no person may be subjected to physical
or psychological torture or to cruel, inhuman or degrading
treatment or punishment. The Constitution further guarantees
freedom from slavery or servitude and the right of detained
persons who must be treated humanely and with respect to their
inherent dignity21.
5.2. Section 41A (8) (c) of the Criminal Procedure and Evidence Act
provides for the conditions of detention which must be consistent
with human dignity22.
5.3. Government also enacted the Trafficking in Persons Act which
provides for the prohibition, prevention and prosecution of the
crime of trafficking in persons and the protection of victims of
trafficking23.
5.4. In addition, the Criminal Law (Codification and Reform) Act
enacted in 2004 consolidates all laws relating to criminal offences.
Part V of the Act criminalises activities that infringe a person’s
liberty and dignity. These include kidnapping or unlawful
detention24.
21
Sections 51,53,54,50 of the Constitution
22
[Chapter 9:07]
23
[Chapter 9:25]
24
[Chapter 9: 23]
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