2. CHAPTER 3 THE JAMAICAN CONSTITUTION FUNDAMENTAL RIGHTS & FREEDOMS KAYAN STEWART LAW FOR EDUCATORS

3. RIGHTS AND FREEDOMS THE JAMAICAN CONSTITUTION: AFFORDS SEVERAL RIGHTS AND FREEDOM IRRESPECTIVE OF A PERSONS RACE, PLACE OF ORIGIN, POLITICAL OPINIONS, COLOUR, CREED OR SEX BUT IN RESPECT OF THE RIGHTS AND FREEDOMS OF OTHER HUMAN BEINGS.

4. FREEDOMS FREEDOMS ARE THOSE PREVILEDGES WHICH ARE GRANTED ACCORDING TO THE LAWS OF THE LAND, BUT ARE SUBJECT TO, MODERATION AND ALLOWED ON CONDITIONS. WHEREAS SUCH PREVILLEDGES ARE CARRIED OUT IN EXCESS OF ITS BOUNDARIES, ONE HAS TO FACE THE CONSEQUENCES.

5. EXAMPLES OF FREEDOMS FREEDOM OF CONSCIENCE FREEDOM OF EXPRESION FREEDOM OF PEACEFUL ASSEMBLY AND FREEDOM OF ASSOCIATION MAIN FOCUS WILL BE ON FREEDOM OF EXPRESSION.

6. THE LAW UNDER EXCEPT with his own consent, NO PERSON shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence and other means of communication.

7. Freedom of expression explained Every person has an opinion to which he is entitled; however, one’s opinion according to the constitution, should not interfere with the privacy of others or impose on the rights of other individuals. It must be understood that ones freedom does not supersede the right to interfere with others.

8. illustrations Tom and Jane had a fuss. Tom feels that he should state in no uncertain terms what he thinks of Jane. As such, he proceeds to describe Jane’s promiscuous behaviour in a disgraceful, lewd, aggressive and public way at Jane’s work place (which is a public school) and to Jane’s embarrassment.

9. PROBLEM TOM BROKE THE LAW BY : 1. INVADING JAMES PRIVACY 2. FAILING TO RESPECT THE RIGHTS OF OTHERS 3. NOT ACTING IN THE PUBLIC’S INTEREST. The constitution clearly states that while one is entitled to the freedom of expression, such is subjected to the respect for the rights and freedom of others and for public interest to each and all the of the following : Respect for private and family life. Hence, while Tom has a right to state his disgust at Jane’s promiscuity, the constitution allows for Jane’s protection as Tom is not allowed to prejudice her rights and freedom nor that of the school since it would be a violation of both private and public interest. Tom needs to be cognisant of the fact that a school contains students who might be damaged psychologically or otherwise by his behaviour, and that the image of the school might be discredited due to his unprofessional and emotional behaviour; as such, his interest would not be in the best interest of the public.

10. SECTION 22 SUBJECT TO SECTION 13 Whilst section 22 0f the constitution, affords one the freedom to express himself, this must be done in such a way that interference is not caused to another. Freedom of expression is therefore limited as it is subject to and superseded by, Section 13 of the constitution which allows for one’s freedom of expression but prohibits interfering with respect for others, slandering and invasion of privacy.

11. Possible solution If Tom is so offended by Jane’s action, He could:  Approach Jane quietly and on a one to one basis 2. Approach Jane in court of law providing evidence that her behaviour is unacceptable and just cause for concern since the code of regulation for teachers states that action of the teacher who is a virago and painted as pugnacious is governed by the code of regulations unprofessional conduct While Tom might feel he was acting in his own privilege according to the law, he was in breech of section 13 of the constitution which supersedes all other laws. UNDER THE LAW _________________ That’s how it is