The Right to Personal Liberty in the Madagascar Cover Image

Prawo do wolności osobistej na Madagaskarze
The Right to Personal Liberty in the Madagascar

Author(s): Kinga Lendzion
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Applied Sociology
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: the right to personal liberty and security; arbitrary arrest and detention; pretrial /preventive detention; suspects; prison; Malagasy culture; the idea of fihavanana;

Summary/Abstract: Madagascar, like most African countries signed and ratified International fundamental human rights conventions. However ratified international conventions do not ensure full protection of human rights in Madagascar. One of the rights commonly broken by the authorities and by Madagascar Justice is the right to personal liberty and the right to defence by the justice system. Often there are unlawful and unjust imprisonments (that can last for years) of accused persons without a decisions of the courts. Also, there is illegal retention of members of the (political) opposition. Madagascar prisons do not meet minimum provisions for the life of inmates. The reasons for this human rights violation on the one hand points to the difficult socio-economic situation of the country (poverty and high illiteracy) and on the other hand the cultural context, particularly the idea fihavanana, which is based on the principle of group solidarity.

  • Issue Year: 43/2015
  • Issue No: 4
  • Page Range: 123-135
  • Page Count: 13
  • Language: Polish