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Explain Our Right to Assembly (Demonstrate), Right to Health and our Freedom & Security as enshrined in Articles 37, 43 & 29 of our Constitution
Sources
Constitution of Kenya, 2010
Article 37: Right of Assembly, Demonstration, Picketing, and Petition
Article 43: Economic and Social Rights
Article 29: Freedom and Security of the Person
Table of Contents
Introduction
Right to Assembly (Article 37)
Legal Provisions
Limitations and Responsibilities
Right to Health (Article 43)
Legal Provisions
State Obligations
Freedom and Security (Article 29)
Legal Provisions
Protections and Limitations
Conclusion
1. Introduction
The Constitution of Kenya, 2010, enshrines various fundamental rights and freedoms that are essential for the dignity, freedom, and well-being of individuals. Among these are the right to assembly, the right to health, and the right to freedom and security of the person. These rights are articulated in Articles 37, 43, and 29, respectively. This document provides a detailed explanation of these rights, their legal provisions, and the responsibilities and limitations associated with them.
2. Right to Assembly (Article 37)
Legal Provisions
Article 37 of the Constitution of Kenya, 2010, states: "Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities."
This article guarantees the following:
Right to Assemble: Individuals can gather in groups for a common purpose.
Right to Demonstrate: Individuals can express their views publicly through demonstrations.
Right to Picket: Individuals can protest or strike, usually in a public place.
Right to Petition: Individuals can present their grievances or requests to public authorities.
Limitations and Responsibilities
While Article 37 guarantees these rights, they are not absolute and come with certain limitations and responsibilities:
Peaceful and Unarmed: The assembly, demonstration, or picketing must be peaceful and participants must be unarmed.
Public Order: The Public Order Act (Cap 56) provides additional regulations to ensure that public order is maintained during such activities. For instance, organizers may need to notify the police in advance.
Non-Interference: The exercise of these rights should not infringe on the rights and freedoms of others.
3. Right to Health (Article 43)
Legal Provisions
Article 43 of the Constitution of Kenya, 2010, states: "(1) Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education."
This article guarantees the following:
Right to Health Care Services: Access to health care services, including reproductive health care.
Right to Housing and Sanitation: Access to adequate housing and reasonable standards of sanitation.
Right to Food: Freedom from hunger and access to adequate food of acceptable quality.
Right to Water: Access to clean and safe water in adequate quantities.
Right to Social Security: Access to social security services.
Right to Education: Access to education.
State Obligations
The state has several obligations under Article 43:
Progressive Realization: The state is required to take legislative, policy, and other measures to achieve the progressive realization of these rights.
Non-Discrimination: The state must ensure that these rights are accessible to all individuals without discrimination.
Resource Allocation: Adequate resources must be allocated to ensure the fulfillment of these rights.
4. Freedom and Security (Article 29)
Legal Provisions
Article 29 of the Constitution of Kenya, 2010, states: "Every person has the right to freedom and security of the person, which includes the right not to be— (a) deprived of freedom arbitrarily or without just cause; (b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58; (c) subjected to any form of violence from either public or private sources; (d) subjected to torture in any manner, whether physical or psychological; (e) subjected to corporal punishment; or (f) treated or punished in a cruel, inhuman or degrading manner."
This article guarantees the following:
Protection from Arbitrary Deprivation of Freedom: Individuals cannot be deprived of their freedom arbitrarily or without just cause.
Protection from Detention Without Trial: Individuals cannot be detained without trial, except under specific conditions during a state of emergency.
Protection from Violence: Individuals are protected from violence from both public and private sources.
Protection from Torture: Individuals are protected from any form of torture, whether physical or psychological.
Protection from Corporal Punishment: Individuals are protected from corporal punishment.
Protection from Cruel, Inhuman, or Degrading Treatment: Individuals are protected from being treated or punished in a cruel, inhuman, or degrading manner.
Protections and Limitations
Legal Safeguards: The Criminal Procedure Code and other relevant laws provide additional safeguards to ensure the protection of these rights.
State of Emergency: During a state of emergency, certain rights may be limited, but such limitations are subject to strict conditions and oversight as outlined in Article 58 of the Constitution.
5. Conclusion
The Constitution of Kenya, 2010, provides robust protections for the right to assembly, the right to health, and the right to freedom and security of the person. These rights are essential for the dignity, freedom, and well-being of individuals. However, they come with certain responsibilities and limitations to ensure that they are exercised in a manner that respects the rights and freedoms of others and maintains public order. The state has a crucial role in ensuring the progressive realization of these rights and protecting individuals from any form of abuse or violation.
Answered by mwakili.com