Do you know your rights? As many of us know, the constitution lays out the basic rights every Belizean citizen is supposed to be entitled to. However, many of us may not know that to some, these rights are insufficient. Considering the ongoing constitutional reform process, it is worth looking at a few ideas that have been floating around regarding the expansion  of rights in the constitution. Constitutional reform efforts only happen every 20 years or so. The first time civil society was asked for feedback on a constitution was in the lead up to independence. The second time was in 1999/2000 with the Political Reform Commission (PRC).  This article looks at the Final Report of the Political Reform Commission (PRC Report), and the submissions made by civil society in the lead up to the 1981 constitutional convention. The purpose of this article is to explore some of the ideas that never left the pipeline. This article looks at the rights of the disabled, discrimination based on sexual orientation, the right to education and health.

The Legislative Framework of Rights

What are your rights? Where are they? Why Should You Care?

Section 3 of the constitution lays out your fundamental rights. You are entitled to the rights laid out under the constitution regardless of your race, place of origin, political opinions, color, creed or sex.  To quote the constitution, your basic rights include:

1. life, liberty, security of the person, and the protection of the law;
2. freedom of conscience, of expression and of assembly and association;
3. protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and
4. protection from arbitrary deprivation of property,

Sections 4 to 21 elaborate on what these rights include and the cases where you may be exempt from them. While 30 pages of explanation may seem sufficient to many, others have thought that we need more.

Bill of Rights

Recommendation 10 of the PRC report looked at the idea of having an additional Bill of Rights passed as ordinary legislation. Proponents of this argued that having a central legislation would make it easier and clearer for citizens to know their rights. They also argued that its passing would increase the general public’s awareness of what their rights were. Another benefit of having a separate bill would be that it may allow citizens more direct access to the court.

While the PRC was satisfied that the constitution alone provided adequate protection for basic rights, the idea of a bill of rights  dates back to our constitution’s original drafting. Writing in 1981, the BCCI recommended that “… Human Rights and Basic Freedoms be collated in the form of a code or other appropriate form, capable of enforcement on application to a court of original jurisdiction or appeal. The Democratic Independent Union also supported the idea of a bill of rights “to safeguard the rights of the citizens”. While to some a bill of rights may seem unnecessary, having one could make it easier for people to understand their rights. Aside from raising awareness of rights, a Belizean bill of rights may have some symbolic value, especially in a time of such international turmoil. Drafting an additional bill of rights may also give us more time to fully consider the expansion of rights – a concern that is pressing considering how much societal progress has been made in the last 20 years. To delve into the intricacies of discrimination and rights protection, let’s focus on an often overlooked but significant aspect: the rights of individuals with disabilities and other minority groups in Belize.

Entitlements to Rights

Disability

Discrimination is an issue that affects many in our society. Rights are  meant to protect us from this in some way. Yet, many groups, such as individuals with disabilities, often have little recourse. The PRC report noted in recommendation 10 that while race, place of origin, political opinions, colour, creed or sex, are protected, individuals with disabilities may not easily enjoy these rights. They recommended that section 3 be amended to “include entitlement to fundamental rights and freedoms whatever an individual’s disability.” They also recommended that supporting legislation be developed to expand on the rights of the disabled. While some legislation has been worked on to support the disabled, explicitly mentioning them in the constitution may have the benefit of strengthening their ability to exercise their rights.

Sexual Orientation

Recommendation 11 of the PRC Report noted that sexual orientation was the basis of much discrimination in Belize. While some members of the Commission had reservations as to including it in section 3, majority agreed that it should be included as it would “enhance the protection of fundamental rights and freedoms of persons in Belize.” To avoid abusive practices, it was suggested that “sexual orientation” be defined as “heterosexuality, homosexuality, and bisexuality between consenting adults”.

Expanding Protection of Fundamental Rights

While entitlements have been a conservation topic since as early as 2000, there has also been the issue of expanding rights. For those of us who are parents, it may seem obvious that our children have a right to education. For those of us facing old age or sickness, the basic right to healthcare may seem essential. But are these rights enshrined in our constitution? The answer is no. This section discusses PRC recommendations to expand rights to include healthcare and education.

The Right to Education

For many, education is the bedrock of a decent society. Without an educated citizenry, a democracy cannot function. The PRC noted “education is an indispensable ingredient for meaningful participation in Belize’s democracy and economy and some basic level should be constitutionally guaranteed.” The PRC recommended that the “Protection of the Right Not to be Denied Basic Education” be included in the constitution along with additional legislation to further set out the extent of the right.

The Right to Healthcare

While many have access to healthcare services in Belize, that access is not constitutionally guaranteed. This right is widely accepted and mentioned in the Universal Declaration of Human Rights, yet our constitution makes no mention of it. The PRC recommended that “Protection of the Right Not to be Denied Basic Health Care” be included in the constitution. 

Concluding Notes

The constitution is a dynamic document, adapting to the evolving needs of society. Ideas such as expanding the entitlements of rights to disability and sexual orientation have been around for two decades. Expanding rights to include healthcare and education, among other things, have been in some citizens’ minds since the last political reform process. As we navigate the complexities of constitutional reform, it’s crucial to explore diverse ideas. This article has touched on a few key points, but the conversation doesn’t end here. Your perspectives matter, and with the People’s Constitution Commission, we now have an opportunity to voice our opinions and contribute to shaping the future of our constitutional rights.