• Right to life and integrity of the person. Article 4 ACHPR.
The Constitution stipulates:
Article 15. 1: "Everyone has a right to life and no one shall be deprived of life intentionally";
2: "A law shall not provide for a sentence of death to be imposed by any court";
3: "Clause 1 is not infringed if there is a loss of life by any act or omission which is
made not punishable by any law reasonably justifiable in a democratic society; or as a result of a
lawful act of war" [Clauses a) and b)].
The African Charter on Human and Peoples’ Rights, leaves the door open to the
possibility for the States to limit the right to life as the consequence of a lawful act
("No one may be arbitrarily deprived of the right to life"). Notwithstanding the Seychelles
Constitution of 1993 goes further and abolishes the Death Penalty.
Moreover, in order to strengthen this fundamental right, Article 25.4 of the
Constitution states that:
"A law providing for the extradition of a person from Seychelles shall not authorise the extradition
to a country in respect of an offence punishable with death in that country unless that country
undertakes not to carry into effect a sentence of death in respect of the offence".
In the Seychelles there are limitations to the right to life as provided for by Article
15.3 (a) of the Constitution. For example, the abortion is an act which is sometimes
not punishable by law although it renders the termination of a life.
Termination of Pregnancy Act, 3rd June, 1994
To safeguard the health of a pregnant woman or prevent the risk of physical or
mental abnormalities of a child, Section 3 of the Act enables a gynaecologist on the
recommendation of a panel of three medical practitioners to terminate a pregnancy
at the Victoria Hospital.
Where a court determines that a pregnancy is the result of rape, incest or defilement
or that the pregnant woman has been interdicted under the Civil Code or Medical
Treatment Act, Section 4 enables a gynaecologist to terminate the pregnancy at the
Victoria Hospital.