PROVISIONAL CONSTITUTION
(3)
In deciding whether a limitation is reasonable and justifiable, all relevant factors must be taken into
account.
(4)
The relevant factors in terms of Clause 3 include the nature and importance of the right limited,
the importance of the purpose to be achieved by the limitation, whether the limitation is suitable
for achieving the purpose, and whether the same purpose could be achieved while being less
restrictive of the rights limited.
(5)
Possible restriction of fundamental rights during a state of emergency is dealt with in Chapter 14,
Article 131 of this Constitution.
Article 39.
Redress of Violations of Human Rights
(1)
The law shall provide for adequate procedures for redress of violations of human rights.
(2)
Redress of violations of human rights must be available in courts that the people can readily access.
(3)
A person or organization may go to court to protect the rights of others who are unable to do so
for themselves.
Article 40.
Interpretation of the Fundamental Rights
(1)
When interpreting the rights set out in this Chapter, a court shall take an approach that seeks to
achieve the purposes of the rights and the values that underlie them.
(2)
In interpreting these rights, the court ma\FRQVLGHUWKH6KDUL·DKLQWHrnational law, and decisions of
courts in other countries, though it is not bound to follow these decisions.
(3)
When interpreting and applying the law generally, a court or any tribunal shall consider the
relevance of the provisions of this Chapter, and make its decisions compatible with these
provisions, as far as is possible.
(4)
The recognition of the fundamental rights set out in this Chapter does not deny the existence of
any other rights that are recognized or conferred b\6KDUL·DKRUby customary law or legislation to
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Article 41.
Human Rights Commission
(1)
The Federal Parliament shall establish a Human Rights Commission that is independent of State
control, and has adequate resources to carry out its functions effectively.
(2)
The functions of the Human Rights Commission shall include the promotion of knowledge
of human rights, and specifically 6KDUL·DKVHWWLQJLPSOHPHQWDWLRQVWDQGDUGVDQGSDUDPHWHUVIRU
the fulfillment of human rights obligations, monitoring human rights within the country, and
investigating allegations of human rights violations.
Title 3: Duties of Citizens
Article 42.
(1)
Duties of the Citizens
In Islam, justice requires a balance of rights and duties.
10