A Victory for the Right to Fair & Substantial Justice

All persons are entitled to fundamental rights and freedoms, including the right not to be discriminated against, harassed, or abused, and are fully entitled to fair treatment, due process of the law, and to be free from arbitrary arrest and detention.

The fundamental human rights of all persons are protected in regional and international instruments, which Malawi has signed and ratified, including: the African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR).

The principle of universality of rights underlies the application of all fundamental human rights. Article 1 of the Universal Declaration of Human Rights (UDHR) provides that “all human beings are born free and equal in dignity. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Similarly, Article 4 of the African Charter on Human and Peoples’ Rights provides that “human
beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person.