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Friday, December 17, 2010

right to dignity of human person

RIGHT TO DIGNITY OF HUMAN PERSON.(SECTION 35)
Section 35, sub section 1: every individual is entitled to respect for the dignity of his person and accordingly:
1. No person shall be subjected to torture or to in human or degrading treatment,
2. No person shall be held in slavery or servitude: and
3. No person shall be required to perform forced or compulsory labour

2) For the purposes of sub section (1) (c) of this section, forced or compulsory labour does not include-:
a) Any Labour required in consequence of the sentence or order of the court;
b) Any labour required by members of the armed forces of the Federation or the Nigerian police in pursuance of their duties as such;
c) In case of people who have conscientious objections to service in the armed forces of the federation, any labour required instead of such service.
d) Any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community: or
e) Any labour or service that forms part of:
(i) Normal communal or civic obligations for the general well being of the community,
(ii) National service in the armed forces of the Federation as may be prescribed by an act of the national assembly, or
(iii) Such compulsory national service which forms part of the education and training of the citizens of Nigeria as may be prescribed by an act of the National Assembly.
Comments:
No person on Nigeria is to be subjected to torture or to inhuman or degrading treatment, slavery and required in any way to perform forced or compulsory labour. The constitution goes ahead to outline the meaning of forced or compulsory labour and it does not include:
· Any labour required by the sentence of the court. If you have ever been to the sentencing of a convicted felon as part of the sentence in most cases, the judge adds labour or hard labour to the sentence.
· Labour required of members of the armed forces of the federation in consonance with their calling.
· In the case of those who have conscientious objections to serve in the armed forces, any labour required of them instead or serving in the armed forces is not forced on them. An example of those with conscientious objections to serve in the armed forces is members of certain religious sect in Nigeria that claim serving in the armed forces is against the dictates of their religion. Such people are exempted from serving in the armed forces but they may be required to perform some other duty to replace their reluctance to serve in the armed forces.
· Any labour required of an individual to maintain the well being of the community in the state in which it can remain inhabitable by member of the community is not forced labour.
· Any labour required to protect the country from invaders as may be prescribed by an act of the National Assembly is not forced labour.
· Service under the National Youth Service Corps Programme (NYSC) is not forced labour. This is provided for under National Youth Service Corp Act, cap N84, 2004.

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