Ask a lawyer:
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 to Assembly, Demonstration, Picketing, and Petition

  • Article 43: Economic and Social Rights

  • Article 29: Freedom and Security of the Person

Right to Assembly, Demonstration, Picketing, and Petition (Article 37):

• Article 37 of the Constitution of Kenya, 2010 guarantees every person the right to peaceably and unarmed, assemble, demonstrate, picket, and present petitions to public authorities. This right is fundamental in a democratic society as it allows citizens to express their views and grievances publicly.

  • Peaceable and Unarmed: The assembly or demonstration must be conducted peacefully and without arms. This ensures that the exercise of this right does not infringe on the rights of others or lead to public disorder.

  • Petitioning Public Authorities: Citizens have the right to present their concerns and demands to public authorities. This is a crucial mechanism for holding the government accountable and ensuring that public officials are responsive to the needs and concerns of the populace.

Right to Health (Article 43):

• Article 43 of the Constitution of Kenya, 2010 outlines the economic and social rights of individuals, including the right to health. This article ensures that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care.

  • Health Care Services: The state is obligated to ensure that health care services are accessible to all individuals. This includes preventive, curative, and rehabilitative health services.

  • Reproductive Health Care: Specific mention is made of reproductive health care, highlighting the importance of access to services that support reproductive health and rights.

  • Progressive Realization: The state is required to take legislative, policy, and other measures to achieve the progressive realization of these rights. This means that while immediate fulfillment may not be possible, there should be continuous and deliberate efforts to improve access to health care services.

Freedom and Security of the Person (Article 29):

• Article 29 of the Constitution of Kenya, 2010 guarantees the right to freedom and security of the person. This right encompasses several specific protections:

  • Freedom from Arbitrary Detention: No person shall be subjected to arbitrary arrest, detention, or imprisonment. This ensures that any deprivation of liberty must be lawful and justified.

  • Freedom from Violence: Every person has the right to be free from all forms of violence from either public or private sources. This includes protection against domestic violence, police brutality, and other forms of physical harm.

  • Freedom from Torture and Cruel, Inhuman, or Degrading Treatment: The constitution explicitly prohibits torture and any form of treatment or punishment that is cruel, inhuman, or degrading. This protection is crucial for maintaining human dignity and preventing abuse.

  • Freedom from Slavery and Servitude: The constitution prohibits slavery, servitude, and forced labor, ensuring that all individuals have the right to personal autonomy and freedom from exploitation.

In summary, the Constitution of Kenya, 2010, through Articles 37, 43, and 29, provides robust protections for the rights to assembly, health, and personal security. These rights are essential for the functioning of a democratic society and the well-being of its citizens. The state has a duty to respect, protect, and fulfill these rights, ensuring that all individuals can exercise them fully and without undue interference.

Answered by mwakili.com

---