|
Zambia - Constitution
Adopted on: 24 Aug 1991
Enacted on: 30 Aug 1991
Article 11 [Fundamental Rights and Freedoms]
It is recognized and declared that every person in Zambia has
been and shall continue to be entitled to the fundamental rights and freedoms
of the individual, that is to say, the right, whatever his race, place
of origin, political opinions, color, creed, sex or marital status, but
subject to the limitations contained in this Part, to each and all of the
following, namely:
(a) life, liberty, security of the person and the protection of the
law;
(b) freedom of conscience, expression, assembly, movement and association;
(c) protection of young persons from exploitation;
(d) protection for the privacy of his home and other property and from
deprivation of property without compensation;
and the provisions of this Part shall have effect for the purpose of
affording protection to those rights and freedoms subject to such limitations
designed to ensure that the enjoyment of the said rights and freedoms by
any individual does not prejudice the rights and freedoms of others or
the public interest.
Article 23 [Protection from Discrimination]
(3) In this Article the expression "discriminatory" mean, affording
different treatment to different persons attributable, wholly or mainly
to their respective descriptions by race, tribe, sex, place of origin,
marital status, political opinions color or creed whereby persons of one
such description are subjected to disabilities or restrictions to which
persons of another such description are not made subject or are accorded
privileges or advantages which are not accorded to persons of another such
description.
Article 19 [Freedom of Conscience]
(1) Except with his own consent, no person shall be hindered
in the enjoyment of his freedom of conscience, and for the purposes of
this Article the said freedom includes freedom of thought and religion,
freedom to change his religion or belief, and freedom, either alone or
in community with others, and both in public and in private, to manifest
and propagate his religion or belief in worship, teaching, practice and
observance.
(2) Except with his own consent, or, if he is a minor, the consent
of his guardian, no person attending any place of education shall be required
to receive religious instruction or to take part in or attend any religious
ceremony or observance if that instruction, ceremony or observance relates
to a religion other than his own.
(3) No religious community or denomination shall be prevented from
providing religious instruction for persons of that community or denomination
in the course of any education provided by the community or denomination
or from establishing and maintaining institutions to provide social services
for such persons.
(4) No person shall be compelled to take any oath which is contrary
to his religion or belief or to take any oath in a manner which is contrary
to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this Article to
the extent that it is shown that the law in question makes provision which
is reasonably required --
(a) in the interests of defence, public safety, public order, public
morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other
persons, including the right to observe and practice any religion without
the unsolicited intervention of members of any other religion;
and except so far as that provision or, the thing done under the authority
thereof as the case may be, is shown not to be reasonably justified in
a democratic society.
Note: Further information on the constitutional
background of Zambia is provided by the International Constitutional
Law Project at the University of Wuerzburg. |
|