This document outlines portions of Fiji's Constitution relating to:
- The supremacy of the Constitution as the highest law of the land.
- Provisions ensuring the secular nature of the state and equal treatment of all religions.
- Fundamental rights such as freedom from slavery, cruel treatment, and discrimination.
- Economic rights including participation in the economy.
- Rights to health, evidence gathering, and establishment of the Reserve Bank of Fiji as the central bank.
2. 2. Supremacy of the Constitution (Part of it)
1. This Constitution is the supreme law of the State.
2. Subject to the provisions of this Constitution, any law
inconsistent with this Constitution is invalid to the extent of
the inconsistency.
3. This Constitution shall be upheld and respected by all
Fijians and the State, including all persons holding public
office, and the obligations imposed by this Constitution must
be fulfilled.
3. 2. Supremacy of the Constitution (Part of it)
5. This Constitution cannot be abrogated or suspended by any person,
and may only be amended in accordance with the procedures
prescribed in Chapter 11.
6. Any attempt to establish a Government other than in compliance
with this Constitution shall be unlawful, and-
a. anything done to further that attempt is invalid and of no force or effect;
and
b. no immunities can lawfully be granted under any law to any person in
respect of actions taken or omitted in furtherance of such an attempt.
4. 4. Secular State (Part of it)
3. Religion and the State are separate, which means-
a. the State and all persons holding public office must treat all religions
equally;
b. the State and all persons holding public office must not dictate any
religious belief;
c. the State and all persons holding public office must not prefer or
advance, by any means, any particular religion, religious denomination,
religious belief, or religious practice over another, or over any non-religious
belief; and
d. no person shall assert any religious belief as a legal reason to disregard
this Constitution or any other law.
5. 10. Freedom from slavery, servitude, forced
labour and human trafficking
1. A person must not be held in slavery or servitude, or
subjected to forced labour or human trafficking.
2. In this section, "forced labour" does not include-
a. labour required in consequence of a sentence or order of a
court;
b. labour reasonably required of a person serving a term of
imprisonment, whether or not required for the hygiene or
maintenance of the prison; or
c. labour required of a member of a disciplined force as part of
his or her duties.
6. 11. Freedom from cruel and degrading
treatment
1. Every person has the right to freedom from torture of any kind,
whether physical, mental or emotional, and from cruel, inhumane,
degrading or disproportionately severe treatment or punishment.
2. Every person has the right to security of the person, which includes
the right to be free from any form of violence from any source, at
home, school, work or in any other place.
3. Every person has the right to freedom from scientific or medical
treatment or procedures without an order of the court or without his or
her informed consent, or if he or she is incapable of giving informed
consent, without the informed consent of a lawful guardian.
7. 26. Right to equality and freedom from
discrimination
1. Every person is equal before the law and has the right to
equal protection, treatment and benefit of the law.
3. A person must not be unfairly discriminated against,
directly or indirectly on the grounds of his or her-
8. 26. Right to equality and freedom from
discrimination
a. actual or supposed personal characteristics or circumstances,
including race, culture, ethnic or social origin, colour, place of
origin, sex, gender, sexual orientation, gender identity and
expression, birth, primary language, economic or social or health
status, disability, age, religion, conscience, marital status or
pregnancy; or
b. opinions or beliefs, except to the extent that those opinions or
beliefs involve harm to others or the diminution of the rights or
freedoms of others,
or on any other ground prohibited by this Constitution.
9. 32. Right to economic participation
1. Every person has the right to full and free participation in
the economic life of the State, which includes the right to
choose their own work, trade, occupation, profession or
other means of livelihood.
2. The State must take reasonable measures within its
available resources to achieve the progressive realisation of
the rights recognised in subsection (1).
10. 38. Right to health
1. The State must take reasonable measures within its available
resources to achieve the progressive realisation of the right of
every person to health, and to the conditions and facilities
necessary to good health, and to health care services, including
reproductive health care.
2. A person must not be denied emergency medical treatment.
3. In applying any right under this section, if the State claims
that it does not have the resources to implement the right, it is
the responsibility of the State to show that the resources are
not available.
11. 74. Power to call for evidence
1. Parliament, and each of its committees, has the power to
summon any person to appear before it for the purpose of
giving evidence or providing information.
2. For the purposes of subsection (1), Parliament and each of its
committees has the same powers as the High Court to-
a. enforce the attendance of witnesses and examine them on
oath, affirmation or otherwise; and
b. compel the production of documents or other materials or
information as required for its proceedings.
12. 153. Reserve Bank of Fiji
1. The Reserve Bank of Fiji is the central bank of the State,
whose primary objects are-
a. to protect the value of the currency in the interest of
balanced and sustainable economic growth;
b. to formulate monetary policy;
c. to promote price stability;
d. to issue currency; and
e. to perform other functions conferred on it by a written law.