Recognition of the Fundamental Human Rights and Freedoms enshrined in the Constitution of the Republic of Trinidad and Tobago

The Constitution is the supreme law of Trinidad and Tobago – any other law inconsistent with this Constitution is void to the extent of the inconsistency.

Sections 4 and 5 of the Constitution of Trinidad and Tobago enshrine and protect certain fundamental rights and freedoms.

Section 4 declares that these fundamental rights exist without discrimination on the basis of race, origin, colour, religion, or sex.

Some of the rights listed under s.4 are:

• The right of an individual to life, liberty, security of their person, and the enjoyment of property, as well as the right not to be deprived of these except by due process of law.
• The right to equality before the law and protection of the law.
• The right to respect for your private and family life.
• The right to equality of treatment by public bodies in exercising any functions.
• The right to join political parties and express political views.
• The right of a parent or guardian to provide a school of their own choice for the education of a child or ward.
• The right to freedom of movement.
• The right to freedom of conscience, religious belief, and observance.
• The right to freedom of thought and expression.
• The right to freedom of association and assembly.
• The right to freedom of the press.

Section 5 of the Constitution of Trinidad and Tobago declares that no law may abrogate, abridge or infringe or authorise the abrogation, abridgement or infringement of any of these rights (protection from abolition)

Parliament is generally not permitted to pass any law that, among other things:

• Permits the arbitrary detention, imprisonment or exile of any person;
• Imposes cruel and unusual treatment or punishment on any person;
• Deprives a person who has been arrested or detained of (i) the right to be informed promptly of the reason for their arrest or detention; (ii) the right to retain and instruct a legal adviser of their own choice and to communicate with them; (iii) the right to be brought promptly before a court; (iv) the remedy of habeas corpus that determines the validity of their detention and for their release should the detention not be lawful.
• Authorises a court, tribunal or other authority to compel a person to give evidence without allowing him protection against self-incrimination;
• Deprives a person of the right to a fair hearing;
• Deprives a person charged with a criminal offence of the right: (i) to be presumed innocent until proven guilty; (ii) to a fair and public hearing by an independent and impartial tribunal; (iii) to reasonable bail without just cause.