PART I

RIGHTS ENSHRINED

RECOGNITION AND DECLARATION OF RIGHTS AND FREEDOMS

4.- It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist without discrimantion by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely:-

a. the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;

b. the right of the individual to equality before the law and the protection of the law;

c. the right of the individual to respect for his private and family life;

d. the right of the individual to equality of treatment from any public authority in the exercise of any functions;

e. the right to join political parties and to express political views;

f. the right of a parent or guardian to provide a school of his own choice for the education of his child or ward;

g. freedom of movement;

h. freedom of conscience and religious belief and observance;

i. freedom of thougt and expression;

j. freedom of association and assembly; and

k. freedom of the press.

PROTECTION OF RIGHTS AND FREEDOMS

5.- 1. Except as is otherwise expressly provided in this Chapter and in section 54, no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of the rights and freedoms hereinbefore recognised and declared.

2. Without prejudice to subsection (1), but subject to this Chapter and to section 54, Parliament may not-

a. authorise or effect the arbitrary detention, imprisonment or exile of any person;

b. impose or authorise the imposition of cruel and unusual treatment or punishment;

c. deprive a person who has been arrested or detained-

i. of the right to be informed promptly and with sufficient particularity of the reason for his arrest or detention;

ii. of the right to retain and instruct without delay a legal adviser of his own choice and to hold communication with him;

iii. of the right to be brought promptly before an appropriate judicial authority;

iv. of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;

d. authorise a court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination and, where necessary to ensure such protection, the right to legal representation;

e. deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;

f. deprive a person charged with a criminal offence of the right-

i. to be presumed innocent until proved guilty according to law, but this shall not invalidate a law by reason only that the law imposes on any such person the burden of proving particular facts;

ii. to a fair and public hearing by an independent and impartial tribunal or;

iii. to reasonable bail without just cause;

g. deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak English; or

h. deprive a person of the right to such procedural provisions as are necessary for the purpose of giving effect and protection to the aforesaid rights and freedoms.