• Equality before the law and right to equal protection of the
law.
Article 3 ACHPR.
Article 27.1 of the Constitution is consonant with the right enshrined in the African
Charter, as it states:
"Every person has a right to equal protection of the law including the enjoyment of the rights and
freedoms set out in this Charter without discrimination on any ground except as is necessary in a
democratic society".
Protection against discrimination or punishment for activities, opinions and beliefs
is further provided by constitutional guarantees of freedom of speech and
expression, freedom of thought, conscience and belief, freedom to practise any
religion and to manifest such practice, and freedom of association.
The principle of equality before the law, although not expressly found in the cited
Article 27, is implicit in all the Seychellois legislation, including the Constitution
itself. There are no privileged social classes, or privileges among different persons,
and no exceptions of the law where it is not required for the protection of the
human rights of the person, or immunities relative to the discharge of duties.
The Penal Code for example, where it establishes its application, does not
differentiate between persons. "Nothing in this Code shall affect the liability, trial or
punishment of a person for an offence against any law in force in Seychelles other than this Code".
[Article 3 a)]
Every person must respond before the law, including public officers, military
officers, police officers, Ministers and even the President owe allegiance to the
Constitution. The following are examples:
Constitution, Article 54 provides for the "Removal of President for violation of
Constitution or gross misconduct". "Where notice in writing signed by no less that half the
number of the members of the National Assembly of a motion alleging that the President has
committed a violation of this Constitution or a gross misconduct and specifying the particulars of
the allegation and proposing that the Constitutional Court investigates the allegation […]".