Year of entry into force: 1997
Region: Africa
Human rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to education, Right to liberty and security of person, Right to life, Right to privacy
Excerpts
Fundamental 17.
(2) Every person in the Gambia, whatever his or her race, colour, gender, Language, religion, political or other opinion, National or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter, but subject to respect for the rights and freedoms of others and for the public interest.
Protection 18.
(1) No person shall be deprived of his or her life intentionally of right to life except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the Laws of The Gambia as they have effect in accordance with subsection (2) and of which he or she has been lawfully convicted.
Protection 19. Right to Personal Liberty. (1) Every person shall have the right to liberty and security to person. No one shall be subjected to arbitrary, arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law.
Protection 21. No person shall be subject to torture or inhuman punish or degrading treatment.
Privacy 23. (1) no person shall be subject to interference with the privacy of his or her home, correspondence or communications save as is in accordance with law and is necessary in a democratic society in the interest of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others.
Rights of women 28. (1) Women shall be accorded full and equal dignity of the person with men.
(2) Women shall have the right to equal treatment with men, including equal opportunities in political, economic and social activities.
Rights of children 29.
(2) Children under the age of sixteen years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health of physical, mental, spiritual, moral or social development.
Rights to education 30. All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right-
(a) basic education shall be free, compulsory and available to all;
Rights of the Disabled 31.
(1) the right of the disabled and handicapped to respect and human dignity shall be recognised by the State and society.
(2) Disabled persons shall be entitled to protection against exploitation and to protection against discrimination, in particular as regards access to health services, education and employment.
(3) In any judicial proceedings in which a disabled person is a party, the procedure shall take his or her condition into account.
Protection from Discrimination 33.
(1) All persons shall be equal before the law.
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself of in its effect.
(3) Subject to the provisions of subsection (5), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
(4) In this section, the expression “discrimination” means affording different treatment to different persons attributable wholly or mainly to their respective
descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privilege or advantages which are not accorded to persons of another such description.