to have been born in the place in which the ship or aircraft
is registered or, as the case may be, in that country.
(3)
Any reference in this Chapter to the citizenship of a parent
of a person at the time of that person’s birth, shall, in
relation to a person born after the death of that parent, be
construed as reference to that parent’s citizenship at the
time of death.
PROTECTION OF FUNDAMENTAL RIGHTSS AND FREEDOM
Fundamental 17.
Rights and
Freedoms
(1)
The fundamental human rights and freedoms enshrined in
this Chapter shall be respected and upheld by all organs of
the Executive and its agencies, the Legislature and, where
applicable to them, by all natural and legal persons in The
Gambia, and shall be enforceable by the Courts in
accordance with this Constitution.
(2) Every person in the Gambia, whatever his or her race,
colour, gender, Language, religion, political or other
opinion, National or social origin, property, birth or other
status, shall be entitled to the fundamental human 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 18.
of right to life
(1)
No person shall be deprived of his or her life intentionally
except in the execution of a sentence of death imposed by a
court of competent jurisdiction in respect of a criminal
offence for which the penalty is death under the Laws of
The Gambia as they have
effect in accordance with
subsection (2) and of which he or she has been lawfully
convicted.
(2)
As from the coming into force of this Constitution, no court
in The Gambia shall be competent to impose a sentence of
death for any offence unless the sentence is prescribed by
law and the offence involves violence, or the administration
of any toxic substance, resulting in the death of another
person.
(3)
The National Assembly shall within ten years from the date
of the coming into force of this Constitution review the
desirability or otherwise of the total abolition of the death
penalty in The Gambia