Chapter 1
THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOM
Part 1
Rights enshrined

4.
It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist, without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedom, namely:

1. the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
2. the right of the individual to equality before the law and the protection of the law;
3. the right of the individual to respect for his private and family life;
4. the right of the individual to equality of treatment from any public authority in the exercise of any functions;
5. the right to join political parties and to express political views;
6. the right of a parent or guardian to provide a school of his own choice for the education of his child or ward;
7. freedom of movement;
8. freedom of conscience and religious belief and observance;
9. freedom of thought and expression;
10. freedom of association and assembly; and
11. freedom of the press

Article 2 states that ”Everyone is entitled to all the rights and freedoms without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property or status.” With respect to this Article, although homosexuals should enjoy equality of opportunity and should not suffer any discrimination, the society on the whole shows clearly its disapproval. This position is supported by legislation as well as cultural and religious traditions.
In addition the status of women has seen much improvement. Due to the actions of the media there has been an increased public awareness and concern for acts of rape and spousal abuse. However, domestic abuse is still an endemic problem even though the government is doing a great deal to educate the public.

According to Article 3 ”Everyone has the right to life, liberty and security of person.” However capital punishment is still practised. As recent as 1997 seven (7) persons were executed over a two day period. Moreover there is a large number of people on death row awaiting execution. There is a growing debate in Trinidad and Tobago about abortion. On one hand, there are those who are pro-choice and on the other those who are pro-life.

Article 5 states that ”No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment.” However inhumane conditions exist at all prisons. The prison in Port-of-Spain was designed for two hundred and fifty (250) and now houses one thousand (1000) persons. This problem of overcrowding has given rise to the spread of diseases like AIDS, chicken pox, tuberculosis and other viruses. In addition, there have been isolated cases of police/prison officers’ brutality.

With respect to Article 25 which declares that ”Everyone has the right to a standard of living adequate for the health and well being of himself and of his family…” by and large, the society enjoys an adequate standard of living. However, over recent years there has been a trend towards homelessness (adults and children) particularly in the urban areas. While there is concern for the condition of the disabled, there are insufficient physical facilities and the education system does not fully support their development.

Finally Part II of Article 27 makes it clear that everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. We must emphasise that although Trinbagonians ( Trinidadian and Tobagonian) enjoy to the fullest all aspects of the culture of the country, piracy of the musical art form is rampant, in spite of copyright legislation passed to protect intellectual property, it is still difficult to prosecute offenders.