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Rights of persons with disabilities
42.—(1) A person with any disability has the right—
(a) to reasonable access to all places, public transport and information;
(b) to use sign language, Braille or other appropriate means of communication;
and
(c) to reasonable access to necessary materials, substances and devices relating
to the person’s disability.
(2) A person with any disability has the right to reasonable adaptation of buildings,
infrastructure, vehicles, working arrangements, rules, practices or procedures, to enable
their full participation in society and the effective realisation of their rights.
(3) To the extent that it is necessary, a law or an administrative action taken under
a law may limit, or may authorise the limitation of, the rights set out in this section.
Limitation of rights under states of emergency
43.—(1) Any law enacted or promulgated in consequence of a declaration of a state
of emergency under this Constitution—
(a) may limit a right or freedom set out in this Chapter (with the exception of
the rights and freedoms set out in sections 8, 10, 11, 13, 14, 15, 16, 22 and
26) only to the extent that—
(i)
the limitation is strictly necessary and required by the emergency;
and
(ii)
the law is consistent with Fiji’s obligations under international law
applicable to a state of emergency; and
(b) takes effect only when it has been published in the Gazette.
(2) A person detained under a law contemplated in subsection (1) retains all the
rights recognised in this Chapter, subject only to the limitations referred to in subsection
(1).
Enforcement
44.—(1) If a person considers that any of the provisions of this Chapter has been
or is likely to be contravened in relation to him or her (or, in the case of a person who is
detained, if another person considers that there has been, or is likely to be, a contravention
in relation to the detained person), then that person (or the other person) may apply to the
High Court for redress.
(2) The right to make application to the High Court under subsection (1) is without
prejudice to any other action with respect to the matter that the person concerned may
have.