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(f)
respect for rights of the family, women, children, workers and persons with
disabilities.
(2)
The fundamental rights and freedoms enshrined in this Chapter shall be respected
and upheld by the Executive, the Legislature and the Judiciary and other organs or agencies
of Government and, where applicable to them, by all natural and legal persons in Swaziland,
and shall be enforceable by the courts as provided in this Constitution.
(3)
A person of whatever gender, race, place of origin, political opinion, colour, religion,
creed, age or disability shall be entitled to the fundamental 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 of right to life
15.
(1)
A person shall not be deprived of life intentionally save in the execution of the
sentence of a court in respect of a criminal offence under the law of Swaziland of which that
person has been convicted.
(2)
The death penalty shall not be mandatory.
(3)
A sentence of life imprisonment shall not be less than twenty five years.
(4)
Without prejudice to any liability for a contravention of any other law with respect to
the use of force in such cases as are mentioned in this subsection, a person shall not be
regarded as having been deprived of life in contravention of this section if death results from
use of force to such extent as is reasonably justifiable and proportionate in the circumstances
of the case
(5)
(a)
for the defence of any person from violence or for the defence of property;
(b)
in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c)
for the purpose of suppressing a riot, insurrection or mutiny; or
(d)
in order to prevent the commission by that person of a serious criminal
offence.
Abortion is unlawful but may be allowed
(a)
on medical or therapeutic grounds including where a doctor certifies that –
(i)
continued pregnancy will endanger the life or constitute a serious
threat to the physical health of the woman;
(ii)
continued pregnancy will constitute a serious threat to the mental
health of the woman;
(iii)
there is serious risk that the child will suffer from physical or mental
defect of such a nature that the child will be irreparably seriously
handicapped;
(b)
where the pregnancy resulted from rape, incest or unlawful sexual
intercourse with a mentally retarded female; or
(c)
on such other grounds as Parliament may prescribe.
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