List and briefly describe the three "Fundamental Rights" guaranteed under the Papua New Guinean constitution.

5 answers

The Constitution of Papua New Guinea guarantees several fundamental rights to its citizens. Among these, three key Fundamental Rights include:

  1. Right to Life (Section 37): This fundamental right guarantees every individual the right to life. It prohibits arbitrary deprivation of life, ensuring that no one can be deprived of life except according to the law and for reasons recognized under the law, such as self-defense or lawful punishment.

  2. Right to Personal Liberty (Section 38): This right protects individuals from arbitrary arrest and detention. It ensures that anyone detained has the right to be informed of the reasons for their detention, the right to consult legal counsel, and the right to a hearing before a court. This right aims to protect individuals from unlawful detention and ensure fair treatment within the justice system.

  3. Right to Privacy (Section 49): The right to privacy protects individuals against arbitrary interference with their personal and family life, home, and correspondence. This legal protection ensures the confidentiality of private matters and prohibits unlawful surveillance or intrusion by the state or other entities.

These rights form part of the broader framework intended to uphold human dignity and order within the society of Papua New Guinea.

Explain the importance of "Fundamental Rights", in one short sentence.

Fundamental Rights are essential as they protect individuals' freedoms and dignity, ensuring justice, equality, and the rule of law within society.

Name the courts in PNG that enforces "Fundamental Rights".

In Papua New Guinea, the courts that enforce Fundamental Rights include:

  1. Supreme Court of Papua New Guinea: This is the highest court in the country and has the ultimate authority to interpret the Constitution, including the enforcement of Fundamental Rights.

  2. National Court of Papua New Guinea: This court has jurisdiction to hear matters relating to constitutional rights and can address violations of Fundamental Rights by interpreting the law and hearing cases brought before it.

These courts play a crucial role in upholding the Fundamental Rights guaranteed under the Constitution of Papua New Guinea.