What is an absolute right in the new Cayman Islands constitutional order?

In the new constitutional order of the Cayman Islands, the concept of an "absolute right" refers to rights that cannot be limited or restricted under any circumstances. Freedom from torture and inhumane treatment is classified as an absolute right due to its foundational nature in protecting the inherent dignity of individuals.

This right reflects international human rights standards, such as the Convention Against Torture, and emphasizes that no law, policy, or situation can override the prohibition against torture and inhumane treatment. The significance of this right is that it ensures all individuals are protected from severe mistreatment, regardless of the context, such as legal or emergency situations.

In contrast, the other rights listed—freedom of speech, right to a fair trial, and right to privacy—while vital and protected, can be subject to certain limitations or restrictions as deemed necessary in a democratic society. For instance, freedom of speech may be limited in cases of hate speech or incitement to violence, and the right to a fair trial may involve procedures that can be altered under certain circumstances. Therefore, the designation of freedom from torture and inhumane treatment as an absolute right in this constitutional context underscores its primacy in safeguarding human dignity against cruel practices.