Monday, 3 April 2017

HUMAN RIGHTS



Briefly discusses the exercise of the power to issue remedies in Human rights infringements by courts of law.

Human rights are entitlements to all individuals regardless of color,sex, race etc. The fact that you are a human being you automatically acquire such rights, they are God given, inherent, interdependent etc.

A remedy is a form of a legal right resulting from a successful law suite these fall in 3 categories namely.

 a] damages- these involve monetary compensations and restitution
 b] Cursive remedies- such as omitting of specific human rights violations
 c] Declaratory judgments these determine individual rights

Under article 126[2] c of the1995  Uganda constitution power is granted to courts to award remedies in cases there is infringements of the right

 Right to a fair hearing under article 28 (1-4)
 - A right to legal representation at the expense of the state under article 28[3]   and where the maximum sentence of life imprisonment and other capital offenses which attract the maximum penalty of death
- Right to inform the next of kin when arrested
- Right to access medication and a personal doctor including private treatment at his /her expense
- Right to be produced in court before 48 hours
- A right to apply for bail
- Right to a fair, speedy and public hearing before an independent and impartial court/ tribunal

Also under article 44    the following freedoms are granted;
- Freedom from torture and cruel inhuman or degrading treatment or punishment
-freedom from slavery or servitude etc.



Courts of law can award the following remedies in case there’san infringement of the above rights

1.  A right to habeas corpus ;provided for under article 44 of the constitution, this is granted when a person is detained beyond the 48 hour rule, and also in situations of insecurity .it’s a non derogable right 

       In ochieng vs.  Uganda 1969 EA 1

The accused was arrested and detained for 10 days in custody without being taken to court held it was unconstitutional. Any court including grade 11 magistrates’ courts can award such a remedy

2. Compensation; court also awards compensations as a remedy. This should be provided for any economically accessibility damages resulting from violations of human rights and these include;

- Physical or mental harm including pain, suffering and emotional distress
- Loss of opportunities
- Harm to reputation or dignity
-costs incurred while seeking redress [expert assistance]

 3. Restitution ; court awards such remedy to redress the position in which the petition was before an infringement occurred such cases like in defamation  etc.

4. Rehabilitation this occurs in case of gross violation that compensation alone is not enough forinstance where need be  for medical physiological care as well as legal social care

 5. Court can also encourage reconciliation through alternative dispute resolution
Other remedies awarded by court are administrative such as; mandamus,certiorari,prohibition,injection etc.

However court is not the only instruction that can awards remedies, Uganda human rights commission and the amnesty commission can also award remedies as per the mandate given to them

In conclusion courts of law have tried to exercise their mandate to issue remedies as per Art.126 of the 1995 Constitution, although in same case it takes time for these remedies to be fulfilled with resistance and interference from the executive.

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