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12 | Enforcement of rights

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. Anyone listed in subsection (2) is entitled to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights and award of compensation.
  2. The persons who may approach a court are:-
    1. anyone acting in their own interest;
    2. anyone acting on behalf of another person who cannot act in their own name;
    3. anyone acting as a member, or in the interests, of a group or class of persons;
    4. anyone acting in the public interest;
    5. an association acting in the interest of its members.
  3. The persons referred to in subsection (1) and (2) of this section are also entitled to make an application to the Human Rights Commission for an appropriate redress for violations of the rights and freedoms contained in the Bill of Rights.
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