The independence of the courts is crucial in determining whether a fair trial is to be conducted. A Court shall follow only prescribed legal dispositions (the Law) as this avoids discriminatory practices, unfairness etc. The right to a fair trial and the independence of the Courts are together elements of an important aspect in human life: justice. Therefore the independence of the courts unavoidably relates to the right to a fair trial, referred to in Article 7 of the ACHPR, and Article 19 of the Seychelles’ Constitution. In Seychelles such independence is not only attributable to the courts but also to any kind of collegiate body or authorities appointed to hear and resolve all kind of claims, such as the National Assembly, the Ombudsman, the Electoral Commissioner, the Auditor-General, The Public Service Appeal Board and other Tribunals. The principles of independence and impartiality are always prescribed under legal dispositions which provide that any of these bodies or authorities shall not be subject to the direction or control of any person or authority in the performance of their functions. Part V Duties It is the duty of every person to respect the rights of others. Rights and duties can not be considered as self-existent categories apart from each other and from human behavior in general, therefore the only possible way to guarantee human rights is the establishment of duties also. For example the right to life is an extension of the duty (or obligation) of not to kill, the right to liberty is enshrined by the prohibition of unlawfully confining someone, the right against discrimination is the duty not to discriminate, the right of the children to be maintained, raised and educated by their parents is at the same time the duty of every parent towards their children, etc.

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