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PART 1
(A)
The Constitution
10.3.
In May 2010, Chapter III of the Constitution was in force. It made
provision for the fundamental rights and freedoms of the individual. Chapter III
has subsequently been repealed and replaced by the Charter of Rights.
10.4.
Section 13 of Chapter III listed the fundamental rights and
freedoms to which every person in Jamaica was entitled “whatever his race,
place of origin, political opinions, colour, creed or sex, but subject to respect for
the rights and freedoms of others and for the public interest”. The rights so
listed were:
“(a) life, liberty, security of the person, the enjoyment of
property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful
assembly and association; and
(c) respect for his private and family life.”
10.5.
Section 13 stated thereafter that –
“the subsequent provisions of this Chapter shall have effect
for the purpose of affording protection to the aforesaid
rights and freedoms, subject to such limitations of that
protection as are contained in those provisions being
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.”
10.6.
The rights listed in section 13 are not absolute. They are subject to
limitations contained in the succeeding sections of the Chapter “being 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” (
supra
). Moreover, there may be derogation from the rights
guaranteed in Chapter III by the operation of another law.