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Obligations of the State
- English
(1) Each provision of this Part2 applies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)
Obligations of the State
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: —
...
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only-
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)
Obligations of the State
- English
The fact that certain rights and freedoms are referred to in this Constitution does not mean that there may not be other rights and freedoms retained by the people or conferred by law. (Sec. 28)
Obligations of the State
- English
(1) Notwithstanding anything to the contrary in this Part, other than —
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies),
all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
… (Sec. 15)
Obligations of Private Parties
- English
…
(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, the Charter of Duties and Responsibilities in section 43, and to the effect on society.
… (Sec. 29)
Obligations of Private Parties
- English
(1) Each provision of this Part3 applies, as far as may be
(a) between individuals as well as between governmental bodies and individuals; and
(b) to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
(2) Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case
(a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or
(c) is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity, is an unlawful act.
(3) The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
... (Sec. 12)
Obligations of Private Parties
- English
(1) Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, disability, or sex, to the following fundamental rights and freedoms: —
(a) the right not to be deprived of life (see section 16); and
(b) personal liberty (see sections 17 and 18); and
(c) security for his person (see sections 18 and 19); and
(d) the protection of the law (see section 22); and
(e) freedom of belief (see section 23); and
(f) freedom of expression (see section 24); and
(g) freedom of assembly and association (see section 25); and
(h) protection for the privacy of his home and other property (see section 21); and
(i) protection from unjust deprivation of property (see section 20), and to other rights and freedoms set out in this Part or otherwise by law.
(2) The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only —
(a) with respect for the rights and freedoms of others and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, and with respect for them.
(3) The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection (2). (Sec. 11)
Obligations of Private Parties
- English
…
(2) Everyone has the right to freedom based on law, and accordingly, subject to this Constitution —
(a) everyone has the legal right to do anything that —
(i) does not injure others or interfere with the rights and freedoms of others;
... (Sec. 10)
Judicial Protection
- English
The High Court has the jurisdiction in relation to the interpretation, application and enforcement of this Constitution conferred by-
…
(b) Part II, Division 5 (Enforcement of the Bill of Rights);
… (Sec. 5)
Judicial Protection
- English
(1) Subject to subsection (2), an appeal may be made, in accordance with Part VII (The Courts), against any determination of the High Court under this Division.
(2) There is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious. (Sec. 41)