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the draft constitution of the commonwealth of grenada

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(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

(i)<br />

freedom in <strong>the</strong> use and enjoyment <strong>of</strong> property, and<br />

protection from deprivation <strong>of</strong> property without<br />

compensation;<br />

<strong>the</strong> right to <strong>the</strong> due process and equal protection <strong>of</strong><br />

<strong>the</strong> law;<br />

freedom <strong>of</strong> conscience and <strong>of</strong> religion, <strong>of</strong> thought<br />

and <strong>of</strong> expression, <strong>of</strong> assembly and <strong>of</strong> movement;<br />

freedom from discrimination;<br />

<strong>the</strong> right to vote and to stand for public <strong>of</strong>fice;<br />

<strong>the</strong> right not to be tortured or to suffer cruel,<br />

inhuman or degrading punishment or treatment.<br />

The right to life<br />

The right to<br />

personal liberty<br />

7. (1) Every person has <strong>the</strong> right to life.<br />

(2) A person is not to be regarded as having been<br />

deprived <strong>of</strong> his or her right to life in contravention <strong>of</strong> this<br />

fundamental right if he or she is executed pursuant to <strong>the</strong> sentence<br />

<strong>of</strong> a court in respect <strong>of</strong> a criminal <strong>of</strong>fence for which he or she has<br />

been convicted and lawfully sentenced to death.<br />

(3) A person is not to be regarded as having been<br />

deprived <strong>of</strong> his or her right to life in contravention <strong>of</strong> this section if<br />

he or she dies as <strong>the</strong> result <strong>of</strong> <strong>the</strong> use <strong>of</strong> such force as is reasonably<br />

justifiable, and in such circumstances as are permitted by law,<br />

(a) in order to prevent him or her committing a<br />

criminal <strong>of</strong>fence;<br />

(b) in <strong>the</strong> defence <strong>of</strong> any person from violence<br />

or in <strong>the</strong> defence <strong>of</strong> property;<br />

(c) in order to effect a lawful arrest or to prevent<br />

<strong>the</strong> escape <strong>of</strong> a person lawfully detained; or<br />

(d) for <strong>the</strong> purpose <strong>of</strong> suppressing a riot,<br />

insurrection or mutiny; or if he or she dies as<br />

<strong>the</strong> result <strong>of</strong> a lawful act <strong>of</strong> war.<br />

8.(1) Every person has <strong>the</strong> right to personal liberty.<br />

(2) A person is not to be regarded as having been<br />

deprived <strong>of</strong> his or her personal liberty in contravention <strong>of</strong> this<br />

section if such deprivation is consequent on <strong>the</strong> authority <strong>of</strong> law<br />

and:<br />

(a) upon reasonable suspicion that he or she has<br />

committed, or is about to commit, a criminal<br />

<strong>of</strong>fence;<br />

(b) in consequence <strong>of</strong> his or her unfitness to plead<br />

to a criminal charge or in execution <strong>of</strong> <strong>the</strong><br />

sentence or order <strong>of</strong> a court, whe<strong>the</strong>r<br />

established for Grenada or some o<strong>the</strong>r country,<br />

in respect <strong>of</strong> a criminal <strong>of</strong>fence <strong>of</strong> which he or<br />

she has been convicted;<br />

(c) in execution <strong>of</strong> an order <strong>of</strong> <strong>the</strong> High Court or<br />

<strong>the</strong> Court <strong>of</strong> Appeal, or such o<strong>the</strong>r court as<br />

may be prescribed by Parliament, punishing<br />

13

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