You have the absolute right never to be tortured or treated in a cruel, inhuman, or degrading way. No one can ever be forced into slavery or servitude, under any circumstances. You always have the right to a fair hearing before a court, even during emergencies or crises. If you are arrested or detained, you can demand a court order (called habeas corpus) to challenge whether your detention is lawful, and that right cannot be taken away. The government cannot suspend or limit these four rights for any reason, including war or public emergency.

freedom from torture and cruel, inhuman or degrading treatment or punishment;

Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms—

No part of this Constitution can be used to deny the following rights—

Article 44: Human Rights That Cannot Be Reduced

Prohibition of derogation from particular human rights and freedoms

Article 44: Human Rights That Cannot Be Reduced

General

44.Prohibition of derogation from particular human rights and freedoms

Summary