IS THERE HORIZONTAL OR VERTICAL ENFORCEMENT OF CONSTITUTIONAL RIGHTS IN VANUATU?
FAMILY KALONTANO V DURUAKI COUNCIL OF CHIEFS MIRANDA FORSYTH* An important question to arise in relation to fundamental rights provisions in constitutions is whether these rights may be enforced horizontally (i.e. against private bodies and individuals) or just vertically against the state. Some constitutions in the region specify whether the human rights provisions are enforceable against private individuals and bodies or only against the state. For example, section 21(1) of the Fijian Constitution provides that the Bill of Rights chapter only binds the legislative, executive and judicial branches of government and all persons performing the functions of any public office.[1] In other constitutions the matter is not directly addressed and it is left to the courts to determine.[2] The Constitution of Vanuatu falls into the latter category, merely providing in article 6(1) that “anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is li
