Constitutional Law: The right to be an Idiot.

INTRODUCTION

The word ‘idiot’ is often used as an insultive and abusive word. When someone does not agree with what you think, or how you act, they often would lable you an ‘idiot’.  When someone labels you as an idiot, they most often than not will not allow you to continue expressing yourself. After all who wants to listen to an idiot?

In this article, I explain that even an ‘idiot’ has basic rights in the constitution to freedom of conscience, religion, opinion, thought and belief. Even ‘idiots’ have the right to freedom of expression as well as the right to the protection of  inherent dignity. In this article, I discuss the various rights that apply in protecting the right of even the minority.

The right to Freedom of Conscience, Religion, thought, belief and Opinion

Human beings each have a unique mind. Our worldview is often shaped by our upbringing and influences upon our minds. Thus we all think differently and share different belief systems and opinions on diverse aspects of life. Often, we get tempted to label those who think differently as “idiots’ simply because we do not ascribe to their thought system.

Article 32(1) of the Constitution states that “Every person has the right to freedom of conscience, religion, thought, belief and opinion.”  This simply means that nobody has the right to interfere with anyone’s freedom to think they way they want, to hold the beliefs that they want and to formulate and have their opinions.

This right includes the right to have beliefs, thoughts and opinions that may be deemed to be offensive in nature.  Let me put this in context. Some people find the thoughts, opinions and beliefs held by the lesbians, gay, bisexual, transgender and queer people to be offensive. Whether the said belief systems are offensive or not, does not limit the right of those who hold such belief systems to hold them.

The High Court in the case of Pradipkumar Bhagwanji Shah & another v Dinesh Meghji Dhanani & 8 others [2020] eKLR quoted from the Canadian case of  Republic versus Big M Drug Mart Limited which stated as follows:

“A truly free society is one which can accommodate a wide variety of beliefs, diversity of tastes and pursuits, customs and codes of conduct. A free society is one which aims at equality with respect to the enjoyment of fundamental freedoms… Freedom must surely be founded in respect for the inherent dignity and inviolable rights of the human person.”

Thus, I may not hold the same beliefs as you do. I may actually disagree fundamentally with the beliefs that you hold. But the Constitution mandates me to fight for your right to hold your belief without interference.

Freedom of Expression

Connected to the freedom of opinion, thought, conscience and belief, is the right to freedom of expression. This is provided for under Article 33 of the Constitution. Freedom of expression includes the following :

1. Freedom to seek, receive or impart information or ideas (this includes ideas that could be considered idiotic)
2. Freedom of artistic creativity; and
3. Academic freedom and freedom of scientific research

This right is however limited and does not extend to propaganda for war, incitement to violence, hate speech, or advocacy for hate. The Constitution also puts an imperative for respect for the reputation of others in the making of any expression. I will discuss this in another article on the law on defamation.

Right to Dignity

The Constitution, under Article 28 gives every person the right to dignity. It states that every person has inherent dignity and the right to have that dignity respected and protected. This means that in all actions, whether we agree with someone or disagree with them, the fact that they are human beings entitles them to respect for their dignity.

CONCLUSION

At Begi’s Law Offices & Chambers, we make it a point to fight for rights of everyone to hold their opinions, beliefs, thoughts, and conscience. We have made it our mission to touch lives by promoting rights such as the right to protection of inherent dignity of all people as well as the right to freedom of expression. We believe that even ‘idiots’ have the right to be ‘idiots’ and to have that right respected and upheld. Everyone has a right to be different.