| SEYCHELLES Republic of Seychelles Republic of Seychelles Joined United Nations: 21 September 1976 Human Rights as assured by their constitution Updated 04 February 2013 |
CHAPTER III
PART I: SEYCHELLOISE CHARTER OF RIGHTS AND FREEDOMS
Article 15
(1) Everyone has the right to life, and death can be inflicted intentionally on anyone.
(2) A rule of law can not allow a court to impose the death penalty.
(3) There is no violation of paragraph (1) if death results:
A) an act or omission found not punishable by law that is reasonably justifiable in the context of a democratic society;
B) a legitimate act of war.
Article 16
Everyone has the right to be treated with dignity as human beings deserve and not to be subjected to torture or treatment and cruel,
inhuman or degrading treatment.
Article 17
(1) Every person has the right not to be held in slavery or servitude.
(2) Every person has the right not to be obliged to perform forced or compulsory labour.
(3) Does not constitute a breach of paragraph (2) forced or compulsory labour, which results from a rule of law deemed necessary in a
democratic society.
Article 18
(1) Everyone has the right to liberty and security of person.
(2) shall not constitute violation of paragraph (1) the following restrictions of law recognized when there are fair process of law:
A) the arrest or detention in enforcing a sentence or other lawful order of a court;
B) the arrest or detention based on reasonable suspicion that a person has committed or was about to commit an offence, with a view to
holding an inquiry or to prevent the commission of the offence and lead if necessary, the offender before a court having jurisdiction;
C) the arrest or detention to prevent the spread of an infectious or contagious disease which is a serious threat to public health;
D) the arrest or detention, for treatment or rehabilitation, a person who is insane or addict-or is a reason to suspect such-for her own
protection or that of his community ;
E) the arrest or detention of a person who is not a citizen of Seychelles, to prevent it from entering or irregularly in the Seychelles for his
expulsion or his extradition;
F) the detention of a minor for its rehabilitation and for her, if it is ordered by a court of competent jurisdiction with the consent of the
Attorney General or the father, mother or guardian of the minor.
(3) Every person who is arrested or detained has the right to be informed at the time of his arrest or detention, or at the earliest
opportunity, in a language, if possible, which he understands, of the reasons for his arrest or detention, to remain silent, to have recourse
to a lawyer of his choice and, in the case of a minor, to communicate with his father, mother or guardian.
(4) Every person who is arrested or detained shall be informed of the rights specified in paragraph (3) at the time of his arrest or detention
or at the earliest opportunity.
(5) Every person who is arrested or detained, and who is not released, shall be brought to trial within twenty-four hours, or, if applicable
to take into account the distance between the place of arrest or detention and the court closest or the difficulty of finding a judge or
magistrate, or in cases of force majeure, at the first opportunity after his arrest or detention.
(6) Every person who is charged with an offence has the right to be tried within a reasonable time.
(7) A person who is brought to justice is released unconditionally or subject to reasonable conditions, pending a hearing at the trial or
pre-trial proceedings, unless the court, taking into account the following circumstances, decides otherwise :
A) the person is accused in a court of judges of treason or murder;
B) the offence is serious;
C) solid reasons to believe that the suspect did not appear at his trial, speak with witnesses or hinder another way the course of justice or
commit an offence while she is at liberty;
D) the situation demands that the suspect is in custody for his own protection, or in the case of a minor, for his property;
E) the suspect is serving a custodial sentence;
F) the suspect was arrested for failure to have complied with the conditions of release for the same offence.
(8) Any person who is detained has the right to appeal to the Supreme Court to decide the legality of his detention and order his release if
the detention is unlawful.
(9) Any proceeding under subsection (8) is an urgent issue takes precedence over other cases brought to the role for that day.
(10) A person who has been unlawfully arrested or detained by any other person shall have the right to obtain redress from it and any
other person or authority, including the state, whose employees or agents made the arrest or detention.
(11) A person detained but not convicted is treated differently and held separately from convicted prisoners.
(12) The juvenile prisoners, whether convicted or suspected, were held separately from convicted prisoners and suspects adults.
(13) Women who are detained, whether guilty or suspicious, are kept separate from convicts or suspects male.
(14) The court that imposes a sentence of imprisonment shall take into account any period in which the convicted person was in custody
in relation to the offence.
(15) No person shall be imprisoned solely because of his inability to fulfill a contractual obligation.
(16) Paragraph (15) does not have the effect of limiting the power conferred by law to a court to enforce its orders.
Article 19
(1) Any person charged with an offence has the right, except withdrawal of the accusation, to a fair trial within a reasonable time before
an independent and impartial tribunal established by law.
(2) Any person charged with an offence:
A) is innocent until his guilt has not been established or has not pleaded guilty;
B) shall be informed in a precise way, at the time of his indictment or at the earliest opportunity, the nature of the alleged offence in a
language, if possible, she understands;
C) adequate time and facilities for the preparation of his defence;
D) have the right to defend himself in person or, at its own expense, through a lawyer of his choice, or, in cases provided for a rule of
law, through a court-appointed lawyer at the expense of the State;
E) has the right to question itself or by the ministry of his lawyer witnesses against him and to obtain the summons and the hearing of
witnesses under the same conditions as witnesses against him;
F) enjoys free, if possible, the assistance of an interpreter to understand the language used at trial;
G) shall be compelled to testify at trial or admitting guilt;
H) a law that no adverse finding can be taken from his choice to remain silent during the investigation or at trial;
I) unless it gives its consent, can not be tried for his absence only where, having conducted so as to make it virtually impossible to
conduct of the proceedings in his presence, the court ordered his deportation and continuation of the trial in his absence.
(3) Upon request, and upon payment of a reasonable set by law, a person who is tried for a crime or a person with the mandate has the
right to obtain for his personal use, as soon as possible after delivery The judgement, a copy of the minutes of the proceeding that the
court has been established or established.
(4) Except in the case of genocide or crimes against humanity, no person may be convicted of an offence on account of any act or
omission which, at the time, was not a Such infringement, and may not be imposed for more severe penalty than the one that was
applicable at the time of the offence.
(5) A person who demonstrates that it has been tried by a competent court in respect of any offence and has been convicted or acquitted
shall not be tried again for that offence or any other offence of which it could have been convicted at his trial, unless a higher court
orders during an appeal or review proceedings relating to the conviction or acquittal;
(6) A person shall not be tried for an offence if she can demonstrate that she was pardoned in compliance with a law enacted under
subsection 60 (2).
(7) The courts or other authorities that the law requires or authorizes them to determine the existence or scope of a right or an obligation
civilians are legally constituted, independent and impartial and causes before them are heard fairly within a reasonable time.
(8) Subject to subsection (9), are open to the public all court proceedings, and procedures that before any other authority aimed at the
existence or scope of a right or an obligation civilians, including delivery of the decision.
(9) Paragraph (8) does not preclude the court or other authority to exclude, except during the delivery of the decision, persons other than
the parties, their advocates and lawyers, in the so far apply if:
A) they are entitled to do so and they consider it necessary in circumstances where publicity would be contrary to the interests of justice,
in an interlocutory procedure in the interest of public morals or for the benefit of persons under eighteen years, or to protect the privacy
of persons affected by the current proceedings;
B) the law authorizes or requires them to do so in the interest of defence, public safety or public order.
(10) Neither the provisions of a rule of law or acts done under his regime that are necessary in a democratic society would be regarded as
contrary:
A) In paragraph (1), subparagraph 2e) or paragraph (8), the fact that the rule, because they are privileged communications or public
policy considerations, exempts certain evidence advertising or disqualified said some witnesses to testify or not contraignables;
B) in paragraph (2) a), that the rule requires a person charged with an offence the burden of proving certain facts or said that the proof of
facts constitute prima facie evidence of the offence or of one of its components;
C) in paragraph (2) e), that the rule sets conditions for charging on the public funds to reimburse costs of defence witnesses;
D) in paragraph 5) that the rule empowers a court to try a member of a disciplinary force for an offence, despite any trial and any
conviction or acquittal made under the code of discipline for the force, Provided that the court that the judge and the guilty should take
into account when sentencing, those which have already been imposed under this code.
(11) Any person convicted of a crime shall have the right to appeal in the legal form of the conviction, the sentence which had been
imposed and any order issued in the wake of the conviction.
(12) For the purposes of paragraph (2) i), the person to whom was served in the legal form a summons or other judicial act, which
requires it to appear at a venue, date and time for the trial and did not appear shall be deemed to have consented to have the trial take place
in his absence.
(13) The convicted person who has served a sentence as a result of his conviction has the right, if it is subsequently demonstrated that
there has been a serious miscarriage of justice, to be compensated by the State in accordance with law.
Article 20
(1) No person shall be submitted:
A) except with his consent to a search of his person or property, search or to the illegal entry of others in places that are his;
B) except with the consent or on order from the Supreme Court, intercepting his mail or any other communication, both oral and written
skills and whatever the medium.
(2) Unless it is established that they are not necessary in a democratic society, nor the provisions of a rule of law or acts performed under
it are considered to be contrary to paragraph (1) a ), to the extent that the rule includes provisions:
A) that are reasonably necessary in the interests of defence, public safety, public order, public morality, public health, public
administration, urban and rural development, preservation of the environment, economic development and well-being of the country;
B) that are reasonably necessary to protect the rights or freedoms of others;
C) that allow an official or a representative of the government, a local authority or a legal person lawfully in the interests of public utility to
enter any place to inspect or evaluate these places or content for the subject to a tax, a fee or rights whatsoever, or to perform work on
property it lawfully owned by the Government, the local authority or the legal entity, as appropriate;
D) that, in order to assure the execution of a sentence or order of the court in a civil proceeding, by court order authorizing a search or
searches of a person or property or the entry into all places.
Article 21
(1) Everyone has the right to freedom of conscience. For the purposes of this article, this right includes the freedom of religion or belief,
to change, as well as freedom to profess and propagate his religion or belief, either individually or in community in public or in private,
through worship, practice or observance and religious education;
(2) The freedom to profess and propagate his religion or belief may be subject to limitations prescribed by law and necessary in a
democratic society:
A) in the interest of defence, public safety, public order, public morality or public health;
B) to protect the rights and freedoms of others.
(3) A person who attends an educational institution may not be made to dispense or receive religious instruction or to take part in or attend
practices or religious ceremonies.
(4) Subject to the other provisions of this Constitution or any other law, no person shall be required to take an oath contrary to his religion
or creed or in a way that is contrary to his religion or his faith.
(5) No person shall be required to adopt a religion to be eligible for public office.
(6) There is no rule of law can provide for the establishment of a religion or the imposition of any form of religious observance.
(7) This section does not have the effect of prohibiting a name or a religious group to provide religious instruction to their members as
part of an education program they offer.
Article 22
(1) Everyone has the right to freedom of expression. For the purposes of this article, this right includes the freedom of opinion and that to
seek, receive and impart ideas and information without outside intervention.
(2) The right referred to in paragraph (1) may be subject to restrictions that provides a rule of law and which are necessary in a
democratic society:
A) are in the interest of defence, public safety, public order, public morality or public health;
B) are designed to protect the reputations, rights, freedoms and privacy of others;
C) are designed to prevent the disclosure of confidential information;
D) is to safeguard the authority and independence of the courts or the National Assembly;
E) govern both the administration, operation or effectiveness of the technical services of telephone, telegraph, postal services,
broadcasting, television or other means of communication, as well as exhibitions and public entertainment;
F) limit the freedom of action of officials.
Article 23
(1) Everyone has the right to freedom of peaceful assembly and association. For the purposes of this article, this right includes the right to
assemble freely with others and to join them, and more particularly, to form political parties, trade unions or other associations for the
protection of their interests, to join or not to be compelled to adhere to it.
(2) The right referred to in paragraph (1) may be subject to restrictions provided by law and necessary in a democratic society:
A) in the interest of defence, public safety, public order, public morality or public health;
B) for the registration of associations or political parties;
C) to protect the rights and freedoms of others;
D) to restrict freedom of action:
(I) persons who are not citizens of the Seychelles,
(Ii) officials or members of disciplinary forces.
Article 24
(1) Subject to the other provisions of this Constitution, every citizen of Seychelles who eighteen years of age have the right to:
A) to participate in the conduct of public affairs, either directly or through the representatives they choose freely;
B) to be registered as voters and to vote by secret ballot in public elections, which will be by universal and equal suffrage;
C) to be candidates;
D) access to equal opportunities in the public service.
(2) The exercise of the rights provided for in paragraph (1) may be restricted by law and deemed necessary in a democratic society.
Article 25
(1) Any person who is legally in Seychelles enjoys freedom of movement. For the purposes of this article, this right includes that of
Seychelles to move freely, to establish residence anywhere, to leave and not to be expelled.
(2) Citizens of Seychelles have the right to enter the Seychelles and, subject to paragraph (3) d), not to be deported.
(3) The right referred to in paragraph (1) may be subject to restrictions that provides a rule of law deemed necessary in a democratic
society:
A) in the interest of defence, public safety, public order, public morality or public health;
B) to protect the rights and freedoms of others;
C) to prevent a crime or ensure the execution of a court order;
D) to enable extradition;
E) for the expulsion of legitimate persons who are not citizens of Seychelles.
(4) A rule of law shall not permit the extradition to a country with respect to an offence that would be punishable by death, unless that
country undertakes not to apply the death sentence ' respect of the offence.
(5) Any law authorizing the expulsion of legitimate people who were lawfully in Seychelles must be submitted prior to the expulsion of
reasons for it and review by a competent authority of the expulsion order .
Article 26
(1) Every person has the right to own property. For the purposes of this article, this includes the right to acquire property, to own them,
peacefully enjoy and alienate, either individually or collectively.
(2) The exercise of the right referred to in paragraph (1) may be subject to limitations provided by law and necessary in a democratic
society:
A) in the public interest;
B) to enable the execution of judgments or court orders in civil or criminal;
C) to ensure the payment of a penalty, a tax, a fee or fees of any kind;
D) In the case of property there are good reasons to believe that they were acquired with proceeds obtained from drug trafficking or of a
serious crime;
E) in respect of stray animals or who are on the ground of others;
F), which emanate from a rule of law in matters of acquisitive prescription or extinctive;
G) with regard to the property of citizens of a country with which Seychelles is at war;
H) with respect to the administration of the assets of a bankrupt, of a deceased person or an incompetent person;
I) to be allocated to the Republic's ownership of groundwater or all of mineral deposits or oil.
(3) A rule of law can allow an acquittal or forced appropriation of property by the State, unless the following conditions:
A) a reasonable and reasoned opinion of the intention to proceed with the acquisition or taking possession of the property shall be
enforced given to people who have a right or interest in the subject properties;
B) the acquisition or ownership is forced commissioned by the public interest for the development or use of the property so as to promote
the common good, or to the public defence, public safety, public order , public morality, public health or the urban or rural;
C) valid reasons justifying the inconvenience it causes to the holder of an interest in such property;
D) The State shall without delay full compensation;
E) any person who owns a right or interest in the property has access to the Supreme Court, either directly or on appeal of another
authority, that are defined his interest or his right, that it is ruled on the legality of the acquisition or ownership of the property, which is
set the amount of compensation to which she is entitled and she gets paid without delay.
(4) Where assets that the state has acquired under this section shall not be affected within a reasonable time, for the purposes that led to
the acquisition, the State attaches to the person who had the property immediately before the option to buy them.
(5) does not conflict with paragraph (1) any law which limits the acquisition or disposition of property by a person who is not a citizen of
Seychelles.
Article 27
(1) All are entitled to equal protection under the law, including the enjoyment of the rights and freedoms guaranteed by this Charter,
without discrimination for any reason whatsoever, unless necessary in a democratic society.
(2) Subsection (1) shall not have the effect of prohibiting the law, programs or activities to improve the situation of persons or groups.
Article 28
(1) The State recognizes the right of access of everyone to information and the concern that retains a public authority exercising a
governmental function, as well as the right to require correction or modification of any other information that may be inaccurate.
(2) The right of access to information provided for in paragraph (1) shall be subject to limitations and formalities prescribed by law and
are necessary in a democratic society, inter alia:
A) national security;
B) the fight against crime and law enforcement;
C) compliance with a court order or the exercise of a statutory lien;
D) the protection of privacy or the rights and freedoms of others.
(3) The State shall take appropriate measures to ensure that the information collected in relation to a person for a specific purpose will be
used only for that purpose, except in the case where a rule Law deemed necessary in a democratic society or a court order provides
otherwise.
(4) The State recognizes the right of public access to information that keeps a public authority exercising a governmental function, subject
to the limitations provided in paragraph (2) and of any rule of law deemed necessary in a democratic society.
Article 29
The State recognizes the right of all citizens to the protection of human health and better physical and mental health. To ensure the proper
exercise of this right, he promised:
A) to take steps to provide free of charge to all its citizens primary health care in public institutions;
B) to take effective measures to prevent, treat and contain the epidemic, endemic or others;
C) take the necessary steps to reduce infant mortality and promote the healthy growth of children;
D) to promote individual responsibility for health;
E) to permit, subject to the controls and conditions deemed necessary in a democratic society, the establishment of private medical
services.
Article 30
The State recognizes the unique status of women in society and the natural functions of motherhood and accordingly undertakes to take
the necessary steps to ensure that working mothers special protection in terms of paid leave and conditions Working for a period
reasonable legal before and after childbirth.
Article 31
The State recognizes the right of children and adolescents to special protection because of their lack of maturity and their vulnerability. To
ensure the proper exercise of this right, he promised:
A) to set the minimum age for employment to fifteen years, subject to the exceptions in respect of children engaged part-time in light
work, which are prescribed by law and which do not affect their health, their morals or their education;
B) to raise the minimum age of employment in respect of occupations designated by law and that it considers dangerous, unhealthy or that
may affect their normal growth;
C) to provide special protection against economic and social exploitation and respond to physical and moral hazards that threaten them;
D) to achieve, except in exceptional circumstances, sanctioned by the courts, a small child shall not be separated from his parents.
Article 32
(1) The State recognizes that the family is the natural and fundamental group unit of society and that every person has the right to form a
family. It undertakes to promote the legal protection, economic and social conditions of the family.
(2) The right referred to in paragraph (1) may be subject to restrictions provided by law and necessary in a democratic society, including
the prohibition of marriage between people of the same sex or between relatives.
Rule 33
The State recognizes the right of every citizen to education. To ensure the implementation of this law, he agrees:
A) to provide free in public schools compulsory education during the period of at least ten years provided by law;
B) to ensure that the educational programs in all schools aimed at the complete development of the person;
C) to provide for every citizen, given his intellectual capacity, equal access to higher education;
D) to allow any person, organization or institution to establish and maintain a private school, subject to the restrictions, controls and
reasonable conditions deemed necessary in a democratic society;
E) To respect the choice of parents to send their children to public or private school.
Article 34
The State recognizes the right of every citizen to adequate housing that is acceptable and beneficial to the child's health and well-being and
undertakes, either directly or in concert with public or private organizations, to facilitate the setting realization of this right.
Article 35
The State recognizes the right of every citizen to work and just working conditions and favourable, and, in order to ensure the effective
exercise of these rights, he promised:
A) to take the measures necessary to achieve and maintain as far as possible a large number of jobs and stable with a view to achieving
full employment;
B) subject to the restrictions deemed necessary in a democratic society, to effectively protect the citizen's right to earn a living with
dignity in the trade or profession he has chosen freely;
C) to promote vocational guidance and training;
D) to take and implement legal provisions safety, health and fairness in the workplace, including breaks reasonable periods of leisure,
holidays with pay, a fee that guarantees at least decent living conditions and worthy for workers and their families, a fair and equal pay for
work of equal value without distinction, and job stability;
E) to promote the establishment of mechanisms for voluntary negotiation between employers and workers or their representative
organizations to regulate working conditions through collective agreements;
F) to promote the development and use of the mechanisms of conciliation and arbitration volunteers needed to allow the settlement of
labour disputes;
G) subject to the restrictions deemed necessary in a democratic society and are necessary to protect public order, health, morals and the
rights and freedoms of others, to protect the right of workers to form unions and guarantee the right to strike.
Article 36
The State recognizes the right of elderly and the disabled to special protection, and to ensure the proper exercise of this right, he promised:
A) to take reasonable steps to improve their quality of life, promoting their well-being and for their maintenance;
B) to promote programmes aimed particularly the best possible development of people with disabilities.
Article 37
The State recognizes the right of every citizen to live decently and with dignity, and to ensure that its citizens should not be abandoned if
they become unable to work or if they are victims of involuntary unemployment, he promised maintain a social security system.
Article 38
The State recognizes the right of every individual to live in a clean, healthy and balanced, and in order to ensure the implementation of this
law, he agrees:
A) to take measures to promote the protection, conservation and improvement of the environment;
B) to ensure a sustainable socio-economic development of Seychelles through use and management of the country's resources;
C) to raise public awareness of the need to protect, conserve and improve the environment.
Article 39
(1) The State recognizes the right of any person to take part in cultural life and to assert, promote and protect the cultural and traditional
values of the people of Seychelles, subject to the limitations provided by law and deemed necessary in a democratic society, inter alia:
A) the protection of public order, morality and public health;
B) the fight against crime;
Protection of the rights and freedoms of others.
(2) The State shall take reasonable steps to preserve the cultural heritage and values of the people of Seychelles.
PART II: BASIC DUTIES
Article 40
Every citizen of Seychelles has the duty:
A) support and defend the Constitution and the law;
B) to serve the national interest and promote the national utility;
C) perform the profession or occupation of their choice;
D) to contribute to the well-being of the community;
E) to protect, conserve and improve the environment;
F) in general, to strive to achieve the aspirations set forth in the Preamble to this constitution.
PART I: SEYCHELLOISE CHARTER OF RIGHTS AND FREEDOMS
Article 15
(1) Everyone has the right to life, and death can be inflicted intentionally on anyone.
(2) A rule of law can not allow a court to impose the death penalty.
(3) There is no violation of paragraph (1) if death results:
A) an act or omission found not punishable by law that is reasonably justifiable in the context of a democratic society;
B) a legitimate act of war.
Article 16
Everyone has the right to be treated with dignity as human beings deserve and not to be subjected to torture or treatment and cruel,
inhuman or degrading treatment.
Article 17
(1) Every person has the right not to be held in slavery or servitude.
(2) Every person has the right not to be obliged to perform forced or compulsory labour.
(3) Does not constitute a breach of paragraph (2) forced or compulsory labour, which results from a rule of law deemed necessary in a
democratic society.
Article 18
(1) Everyone has the right to liberty and security of person.
(2) shall not constitute violation of paragraph (1) the following restrictions of law recognized when there are fair process of law:
A) the arrest or detention in enforcing a sentence or other lawful order of a court;
B) the arrest or detention based on reasonable suspicion that a person has committed or was about to commit an offence, with a view to
holding an inquiry or to prevent the commission of the offence and lead if necessary, the offender before a court having jurisdiction;
C) the arrest or detention to prevent the spread of an infectious or contagious disease which is a serious threat to public health;
D) the arrest or detention, for treatment or rehabilitation, a person who is insane or addict-or is a reason to suspect such-for her own
protection or that of his community ;
E) the arrest or detention of a person who is not a citizen of Seychelles, to prevent it from entering or irregularly in the Seychelles for his
expulsion or his extradition;
F) the detention of a minor for its rehabilitation and for her, if it is ordered by a court of competent jurisdiction with the consent of the
Attorney General or the father, mother or guardian of the minor.
(3) Every person who is arrested or detained has the right to be informed at the time of his arrest or detention, or at the earliest
opportunity, in a language, if possible, which he understands, of the reasons for his arrest or detention, to remain silent, to have recourse
to a lawyer of his choice and, in the case of a minor, to communicate with his father, mother or guardian.
(4) Every person who is arrested or detained shall be informed of the rights specified in paragraph (3) at the time of his arrest or detention
or at the earliest opportunity.
(5) Every person who is arrested or detained, and who is not released, shall be brought to trial within twenty-four hours, or, if applicable
to take into account the distance between the place of arrest or detention and the court closest or the difficulty of finding a judge or
magistrate, or in cases of force majeure, at the first opportunity after his arrest or detention.
(6) Every person who is charged with an offence has the right to be tried within a reasonable time.
(7) A person who is brought to justice is released unconditionally or subject to reasonable conditions, pending a hearing at the trial or
pre-trial proceedings, unless the court, taking into account the following circumstances, decides otherwise :
A) the person is accused in a court of judges of treason or murder;
B) the offence is serious;
C) solid reasons to believe that the suspect did not appear at his trial, speak with witnesses or hinder another way the course of justice or
commit an offence while she is at liberty;
D) the situation demands that the suspect is in custody for his own protection, or in the case of a minor, for his property;
E) the suspect is serving a custodial sentence;
F) the suspect was arrested for failure to have complied with the conditions of release for the same offence.
(8) Any person who is detained has the right to appeal to the Supreme Court to decide the legality of his detention and order his release if
the detention is unlawful.
(9) Any proceeding under subsection (8) is an urgent issue takes precedence over other cases brought to the role for that day.
(10) A person who has been unlawfully arrested or detained by any other person shall have the right to obtain redress from it and any
other person or authority, including the state, whose employees or agents made the arrest or detention.
(11) A person detained but not convicted is treated differently and held separately from convicted prisoners.
(12) The juvenile prisoners, whether convicted or suspected, were held separately from convicted prisoners and suspects adults.
(13) Women who are detained, whether guilty or suspicious, are kept separate from convicts or suspects male.
(14) The court that imposes a sentence of imprisonment shall take into account any period in which the convicted person was in custody
in relation to the offence.
(15) No person shall be imprisoned solely because of his inability to fulfill a contractual obligation.
(16) Paragraph (15) does not have the effect of limiting the power conferred by law to a court to enforce its orders.
Article 19
(1) Any person charged with an offence has the right, except withdrawal of the accusation, to a fair trial within a reasonable time before
an independent and impartial tribunal established by law.
(2) Any person charged with an offence:
A) is innocent until his guilt has not been established or has not pleaded guilty;
B) shall be informed in a precise way, at the time of his indictment or at the earliest opportunity, the nature of the alleged offence in a
language, if possible, she understands;
C) adequate time and facilities for the preparation of his defence;
D) have the right to defend himself in person or, at its own expense, through a lawyer of his choice, or, in cases provided for a rule of
law, through a court-appointed lawyer at the expense of the State;
E) has the right to question itself or by the ministry of his lawyer witnesses against him and to obtain the summons and the hearing of
witnesses under the same conditions as witnesses against him;
F) enjoys free, if possible, the assistance of an interpreter to understand the language used at trial;
G) shall be compelled to testify at trial or admitting guilt;
H) a law that no adverse finding can be taken from his choice to remain silent during the investigation or at trial;
I) unless it gives its consent, can not be tried for his absence only where, having conducted so as to make it virtually impossible to
conduct of the proceedings in his presence, the court ordered his deportation and continuation of the trial in his absence.
(3) Upon request, and upon payment of a reasonable set by law, a person who is tried for a crime or a person with the mandate has the
right to obtain for his personal use, as soon as possible after delivery The judgement, a copy of the minutes of the proceeding that the
court has been established or established.
(4) Except in the case of genocide or crimes against humanity, no person may be convicted of an offence on account of any act or
omission which, at the time, was not a Such infringement, and may not be imposed for more severe penalty than the one that was
applicable at the time of the offence.
(5) A person who demonstrates that it has been tried by a competent court in respect of any offence and has been convicted or acquitted
shall not be tried again for that offence or any other offence of which it could have been convicted at his trial, unless a higher court
orders during an appeal or review proceedings relating to the conviction or acquittal;
(6) A person shall not be tried for an offence if she can demonstrate that she was pardoned in compliance with a law enacted under
subsection 60 (2).
(7) The courts or other authorities that the law requires or authorizes them to determine the existence or scope of a right or an obligation
civilians are legally constituted, independent and impartial and causes before them are heard fairly within a reasonable time.
(8) Subject to subsection (9), are open to the public all court proceedings, and procedures that before any other authority aimed at the
existence or scope of a right or an obligation civilians, including delivery of the decision.
(9) Paragraph (8) does not preclude the court or other authority to exclude, except during the delivery of the decision, persons other than
the parties, their advocates and lawyers, in the so far apply if:
A) they are entitled to do so and they consider it necessary in circumstances where publicity would be contrary to the interests of justice,
in an interlocutory procedure in the interest of public morals or for the benefit of persons under eighteen years, or to protect the privacy
of persons affected by the current proceedings;
B) the law authorizes or requires them to do so in the interest of defence, public safety or public order.
(10) Neither the provisions of a rule of law or acts done under his regime that are necessary in a democratic society would be regarded as
contrary:
A) In paragraph (1), subparagraph 2e) or paragraph (8), the fact that the rule, because they are privileged communications or public
policy considerations, exempts certain evidence advertising or disqualified said some witnesses to testify or not contraignables;
B) in paragraph (2) a), that the rule requires a person charged with an offence the burden of proving certain facts or said that the proof of
facts constitute prima facie evidence of the offence or of one of its components;
C) in paragraph (2) e), that the rule sets conditions for charging on the public funds to reimburse costs of defence witnesses;
D) in paragraph 5) that the rule empowers a court to try a member of a disciplinary force for an offence, despite any trial and any
conviction or acquittal made under the code of discipline for the force, Provided that the court that the judge and the guilty should take
into account when sentencing, those which have already been imposed under this code.
(11) Any person convicted of a crime shall have the right to appeal in the legal form of the conviction, the sentence which had been
imposed and any order issued in the wake of the conviction.
(12) For the purposes of paragraph (2) i), the person to whom was served in the legal form a summons or other judicial act, which
requires it to appear at a venue, date and time for the trial and did not appear shall be deemed to have consented to have the trial take place
in his absence.
(13) The convicted person who has served a sentence as a result of his conviction has the right, if it is subsequently demonstrated that
there has been a serious miscarriage of justice, to be compensated by the State in accordance with law.
Article 20
(1) No person shall be submitted:
A) except with his consent to a search of his person or property, search or to the illegal entry of others in places that are his;
B) except with the consent or on order from the Supreme Court, intercepting his mail or any other communication, both oral and written
skills and whatever the medium.
(2) Unless it is established that they are not necessary in a democratic society, nor the provisions of a rule of law or acts performed under
it are considered to be contrary to paragraph (1) a ), to the extent that the rule includes provisions:
A) that are reasonably necessary in the interests of defence, public safety, public order, public morality, public health, public
administration, urban and rural development, preservation of the environment, economic development and well-being of the country;
B) that are reasonably necessary to protect the rights or freedoms of others;
C) that allow an official or a representative of the government, a local authority or a legal person lawfully in the interests of public utility to
enter any place to inspect or evaluate these places or content for the subject to a tax, a fee or rights whatsoever, or to perform work on
property it lawfully owned by the Government, the local authority or the legal entity, as appropriate;
D) that, in order to assure the execution of a sentence or order of the court in a civil proceeding, by court order authorizing a search or
searches of a person or property or the entry into all places.
Article 21
(1) Everyone has the right to freedom of conscience. For the purposes of this article, this right includes the freedom of religion or belief,
to change, as well as freedom to profess and propagate his religion or belief, either individually or in community in public or in private,
through worship, practice or observance and religious education;
(2) The freedom to profess and propagate his religion or belief may be subject to limitations prescribed by law and necessary in a
democratic society:
A) in the interest of defence, public safety, public order, public morality or public health;
B) to protect the rights and freedoms of others.
(3) A person who attends an educational institution may not be made to dispense or receive religious instruction or to take part in or attend
practices or religious ceremonies.
(4) Subject to the other provisions of this Constitution or any other law, no person shall be required to take an oath contrary to his religion
or creed or in a way that is contrary to his religion or his faith.
(5) No person shall be required to adopt a religion to be eligible for public office.
(6) There is no rule of law can provide for the establishment of a religion or the imposition of any form of religious observance.
(7) This section does not have the effect of prohibiting a name or a religious group to provide religious instruction to their members as
part of an education program they offer.
Article 22
(1) Everyone has the right to freedom of expression. For the purposes of this article, this right includes the freedom of opinion and that to
seek, receive and impart ideas and information without outside intervention.
(2) The right referred to in paragraph (1) may be subject to restrictions that provides a rule of law and which are necessary in a
democratic society:
A) are in the interest of defence, public safety, public order, public morality or public health;
B) are designed to protect the reputations, rights, freedoms and privacy of others;
C) are designed to prevent the disclosure of confidential information;
D) is to safeguard the authority and independence of the courts or the National Assembly;
E) govern both the administration, operation or effectiveness of the technical services of telephone, telegraph, postal services,
broadcasting, television or other means of communication, as well as exhibitions and public entertainment;
F) limit the freedom of action of officials.
Article 23
(1) Everyone has the right to freedom of peaceful assembly and association. For the purposes of this article, this right includes the right to
assemble freely with others and to join them, and more particularly, to form political parties, trade unions or other associations for the
protection of their interests, to join or not to be compelled to adhere to it.
(2) The right referred to in paragraph (1) may be subject to restrictions provided by law and necessary in a democratic society:
A) in the interest of defence, public safety, public order, public morality or public health;
B) for the registration of associations or political parties;
C) to protect the rights and freedoms of others;
D) to restrict freedom of action:
(I) persons who are not citizens of the Seychelles,
(Ii) officials or members of disciplinary forces.
Article 24
(1) Subject to the other provisions of this Constitution, every citizen of Seychelles who eighteen years of age have the right to:
A) to participate in the conduct of public affairs, either directly or through the representatives they choose freely;
B) to be registered as voters and to vote by secret ballot in public elections, which will be by universal and equal suffrage;
C) to be candidates;
D) access to equal opportunities in the public service.
(2) The exercise of the rights provided for in paragraph (1) may be restricted by law and deemed necessary in a democratic society.
Article 25
(1) Any person who is legally in Seychelles enjoys freedom of movement. For the purposes of this article, this right includes that of
Seychelles to move freely, to establish residence anywhere, to leave and not to be expelled.
(2) Citizens of Seychelles have the right to enter the Seychelles and, subject to paragraph (3) d), not to be deported.
(3) The right referred to in paragraph (1) may be subject to restrictions that provides a rule of law deemed necessary in a democratic
society:
A) in the interest of defence, public safety, public order, public morality or public health;
B) to protect the rights and freedoms of others;
C) to prevent a crime or ensure the execution of a court order;
D) to enable extradition;
E) for the expulsion of legitimate persons who are not citizens of Seychelles.
(4) A rule of law shall not permit the extradition to a country with respect to an offence that would be punishable by death, unless that
country undertakes not to apply the death sentence ' respect of the offence.
(5) Any law authorizing the expulsion of legitimate people who were lawfully in Seychelles must be submitted prior to the expulsion of
reasons for it and review by a competent authority of the expulsion order .
Article 26
(1) Every person has the right to own property. For the purposes of this article, this includes the right to acquire property, to own them,
peacefully enjoy and alienate, either individually or collectively.
(2) The exercise of the right referred to in paragraph (1) may be subject to limitations provided by law and necessary in a democratic
society:
A) in the public interest;
B) to enable the execution of judgments or court orders in civil or criminal;
C) to ensure the payment of a penalty, a tax, a fee or fees of any kind;
D) In the case of property there are good reasons to believe that they were acquired with proceeds obtained from drug trafficking or of a
serious crime;
E) in respect of stray animals or who are on the ground of others;
F), which emanate from a rule of law in matters of acquisitive prescription or extinctive;
G) with regard to the property of citizens of a country with which Seychelles is at war;
H) with respect to the administration of the assets of a bankrupt, of a deceased person or an incompetent person;
I) to be allocated to the Republic's ownership of groundwater or all of mineral deposits or oil.
(3) A rule of law can allow an acquittal or forced appropriation of property by the State, unless the following conditions:
A) a reasonable and reasoned opinion of the intention to proceed with the acquisition or taking possession of the property shall be
enforced given to people who have a right or interest in the subject properties;
B) the acquisition or ownership is forced commissioned by the public interest for the development or use of the property so as to promote
the common good, or to the public defence, public safety, public order , public morality, public health or the urban or rural;
C) valid reasons justifying the inconvenience it causes to the holder of an interest in such property;
D) The State shall without delay full compensation;
E) any person who owns a right or interest in the property has access to the Supreme Court, either directly or on appeal of another
authority, that are defined his interest or his right, that it is ruled on the legality of the acquisition or ownership of the property, which is
set the amount of compensation to which she is entitled and she gets paid without delay.
(4) Where assets that the state has acquired under this section shall not be affected within a reasonable time, for the purposes that led to
the acquisition, the State attaches to the person who had the property immediately before the option to buy them.
(5) does not conflict with paragraph (1) any law which limits the acquisition or disposition of property by a person who is not a citizen of
Seychelles.
Article 27
(1) All are entitled to equal protection under the law, including the enjoyment of the rights and freedoms guaranteed by this Charter,
without discrimination for any reason whatsoever, unless necessary in a democratic society.
(2) Subsection (1) shall not have the effect of prohibiting the law, programs or activities to improve the situation of persons or groups.
Article 28
(1) The State recognizes the right of access of everyone to information and the concern that retains a public authority exercising a
governmental function, as well as the right to require correction or modification of any other information that may be inaccurate.
(2) The right of access to information provided for in paragraph (1) shall be subject to limitations and formalities prescribed by law and
are necessary in a democratic society, inter alia:
A) national security;
B) the fight against crime and law enforcement;
C) compliance with a court order or the exercise of a statutory lien;
D) the protection of privacy or the rights and freedoms of others.
(3) The State shall take appropriate measures to ensure that the information collected in relation to a person for a specific purpose will be
used only for that purpose, except in the case where a rule Law deemed necessary in a democratic society or a court order provides
otherwise.
(4) The State recognizes the right of public access to information that keeps a public authority exercising a governmental function, subject
to the limitations provided in paragraph (2) and of any rule of law deemed necessary in a democratic society.
Article 29
The State recognizes the right of all citizens to the protection of human health and better physical and mental health. To ensure the proper
exercise of this right, he promised:
A) to take steps to provide free of charge to all its citizens primary health care in public institutions;
B) to take effective measures to prevent, treat and contain the epidemic, endemic or others;
C) take the necessary steps to reduce infant mortality and promote the healthy growth of children;
D) to promote individual responsibility for health;
E) to permit, subject to the controls and conditions deemed necessary in a democratic society, the establishment of private medical
services.
Article 30
The State recognizes the unique status of women in society and the natural functions of motherhood and accordingly undertakes to take
the necessary steps to ensure that working mothers special protection in terms of paid leave and conditions Working for a period
reasonable legal before and after childbirth.
Article 31
The State recognizes the right of children and adolescents to special protection because of their lack of maturity and their vulnerability. To
ensure the proper exercise of this right, he promised:
A) to set the minimum age for employment to fifteen years, subject to the exceptions in respect of children engaged part-time in light
work, which are prescribed by law and which do not affect their health, their morals or their education;
B) to raise the minimum age of employment in respect of occupations designated by law and that it considers dangerous, unhealthy or that
may affect their normal growth;
C) to provide special protection against economic and social exploitation and respond to physical and moral hazards that threaten them;
D) to achieve, except in exceptional circumstances, sanctioned by the courts, a small child shall not be separated from his parents.
Article 32
(1) The State recognizes that the family is the natural and fundamental group unit of society and that every person has the right to form a
family. It undertakes to promote the legal protection, economic and social conditions of the family.
(2) The right referred to in paragraph (1) may be subject to restrictions provided by law and necessary in a democratic society, including
the prohibition of marriage between people of the same sex or between relatives.
Rule 33
The State recognizes the right of every citizen to education. To ensure the implementation of this law, he agrees:
A) to provide free in public schools compulsory education during the period of at least ten years provided by law;
B) to ensure that the educational programs in all schools aimed at the complete development of the person;
C) to provide for every citizen, given his intellectual capacity, equal access to higher education;
D) to allow any person, organization or institution to establish and maintain a private school, subject to the restrictions, controls and
reasonable conditions deemed necessary in a democratic society;
E) To respect the choice of parents to send their children to public or private school.
Article 34
The State recognizes the right of every citizen to adequate housing that is acceptable and beneficial to the child's health and well-being and
undertakes, either directly or in concert with public or private organizations, to facilitate the setting realization of this right.
Article 35
The State recognizes the right of every citizen to work and just working conditions and favourable, and, in order to ensure the effective
exercise of these rights, he promised:
A) to take the measures necessary to achieve and maintain as far as possible a large number of jobs and stable with a view to achieving
full employment;
B) subject to the restrictions deemed necessary in a democratic society, to effectively protect the citizen's right to earn a living with
dignity in the trade or profession he has chosen freely;
C) to promote vocational guidance and training;
D) to take and implement legal provisions safety, health and fairness in the workplace, including breaks reasonable periods of leisure,
holidays with pay, a fee that guarantees at least decent living conditions and worthy for workers and their families, a fair and equal pay for
work of equal value without distinction, and job stability;
E) to promote the establishment of mechanisms for voluntary negotiation between employers and workers or their representative
organizations to regulate working conditions through collective agreements;
F) to promote the development and use of the mechanisms of conciliation and arbitration volunteers needed to allow the settlement of
labour disputes;
G) subject to the restrictions deemed necessary in a democratic society and are necessary to protect public order, health, morals and the
rights and freedoms of others, to protect the right of workers to form unions and guarantee the right to strike.
Article 36
The State recognizes the right of elderly and the disabled to special protection, and to ensure the proper exercise of this right, he promised:
A) to take reasonable steps to improve their quality of life, promoting their well-being and for their maintenance;
B) to promote programmes aimed particularly the best possible development of people with disabilities.
Article 37
The State recognizes the right of every citizen to live decently and with dignity, and to ensure that its citizens should not be abandoned if
they become unable to work or if they are victims of involuntary unemployment, he promised maintain a social security system.
Article 38
The State recognizes the right of every individual to live in a clean, healthy and balanced, and in order to ensure the implementation of this
law, he agrees:
A) to take measures to promote the protection, conservation and improvement of the environment;
B) to ensure a sustainable socio-economic development of Seychelles through use and management of the country's resources;
C) to raise public awareness of the need to protect, conserve and improve the environment.
Article 39
(1) The State recognizes the right of any person to take part in cultural life and to assert, promote and protect the cultural and traditional
values of the people of Seychelles, subject to the limitations provided by law and deemed necessary in a democratic society, inter alia:
A) the protection of public order, morality and public health;
B) the fight against crime;
Protection of the rights and freedoms of others.
(2) The State shall take reasonable steps to preserve the cultural heritage and values of the people of Seychelles.
PART II: BASIC DUTIES
Article 40
Every citizen of Seychelles has the duty:
A) support and defend the Constitution and the law;
B) to serve the national interest and promote the national utility;
C) perform the profession or occupation of their choice;
D) to contribute to the well-being of the community;
E) to protect, conserve and improve the environment;
F) in general, to strive to achieve the aspirations set forth in the Preamble to this constitution.
Little of the early population is known prior to European exploration however Malays from
Borneo en route to Madagascar may have temporarily settled between 300 and 200 BCE and
Arab traders may have documented visitation as early as 851 CE. Portuguese explorer
Vasco de Gama sighted and charted the outlying islands in 1502. English traders en route to
India were blown off course and anchored on 19 January 1609. 17th century pirates based in
Madagascar may have used the islands for resupply but it wasn't until 1742 that the French
began an accurate mapping of the islands north of Madagascar seeking quicker passage
between Ile de France (Mauritius) and India. France laid claim to the islands on 1 November
1756 naming them for Viscount Jean Moreau de Seychelles. On 12 August 1770 the first
settlers arrived. In December 1810, the British took possession of the islands, developing
plantations and using the islands for the exile of political prisoners. The Seychelles
achieved their independence on 29 June 1976. Various political upheavals led to creation of
the present Constitution which was adopted on 08 June 1993. It was amended in 1994, 1995,
1996 and 2000. Human rights are enumerated beginning with Chapter III (Seychelloise
Charter of Rights and Freedoms), conforms with the 1948 Universal Declaration of Human
Rights of which Seychelles is a signatory and are detailed below. No full English translation
of Seychelles' Constitution is available however, for the original French text, click here.
Borneo en route to Madagascar may have temporarily settled between 300 and 200 BCE and
Arab traders may have documented visitation as early as 851 CE. Portuguese explorer
Vasco de Gama sighted and charted the outlying islands in 1502. English traders en route to
India were blown off course and anchored on 19 January 1609. 17th century pirates based in
Madagascar may have used the islands for resupply but it wasn't until 1742 that the French
began an accurate mapping of the islands north of Madagascar seeking quicker passage
between Ile de France (Mauritius) and India. France laid claim to the islands on 1 November
1756 naming them for Viscount Jean Moreau de Seychelles. On 12 August 1770 the first
settlers arrived. In December 1810, the British took possession of the islands, developing
plantations and using the islands for the exile of political prisoners. The Seychelles
achieved their independence on 29 June 1976. Various political upheavals led to creation of
the present Constitution which was adopted on 08 June 1993. It was amended in 1994, 1995,
1996 and 2000. Human rights are enumerated beginning with Chapter III (Seychelloise
Charter of Rights and Freedoms), conforms with the 1948 Universal Declaration of Human
Rights of which Seychelles is a signatory and are detailed below. No full English translation
of Seychelles' Constitution is available however, for the original French text, click here.