| CHAPTER 4: FUNDAMENTAL LIBERTIES HUMAN AND CITIZENS RIGHTS |
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Art. 39 Fundamental human and citizens rights and liberties shall guaranteed. All citizens shall be equal in terms of rights and duties. Any discrimination based on sex, race, or job prejudices shall be prohibited. Art. 40 The law shall be the same for all, whether it protects, constrains or punishes. Art. 41 The State shall guarantee the equality of all citizens by eliminating the economic, social, and cultural obstacles that limit in fact equality among citizens, hinder the flourishing of the human person, and prevent the effective participation of all citizens in the political, social, and cultural organization. Art. 42 All the political, economic, social, and cultural rights of the Algerian woman shall be guaranteed by the Constitution. Art. 43 The Algerian nationality shall be defined by the law. The law shall determine the conditions of acquiring, keeping, losing, or forfeiting this nationality. Art. 44 Equal access to all positions in the State and related organisms shall be guaranteed to all citizens without any conditions other than merit and skills. Art. 45 No one shall be held guilty except under the terms of a law duly promulgated prior to the incriminated act. Art. 46 In the eyes of the law, every person shall be presumed innocent until his culpability shall be established by a regular jurisdiction and with all the guarantees required by the law. Art 47 Miscarriage of justice shall entail compensation by the State. The law shall determine the conditions and procedures of compensation. Art. 48 The State shall guarantee the inviolability of the human person. Art. 49 The private life and honour of the citizen shall be inviolable and protected by the law. The secrecy of private mail and communication in all their forms shall be guaranteed. Art. 50 The State shall guarantee the inviolability of the private home. No search shall be carried out except under the law and in accordance therewith. A search shall only be carried out by virtue of a written warrant delivered by relevant judiciary authorities. Art. 51 No one shall be prosecuted, arrested, or detained except as provided by the law and in accordance with the procedures thereof. Art. 52 In the matter of criminal investigation, police custody shall not exceed forty-eight (48) hours. Extension of the police custody period shall only exceptionally take place under the conditions fixed by the law. At the expiration of the police custody period, the person detained shall be medically examined if he so requests. The person in custody shall be informed of this right. Art. 53 Freedom of conscience and thought shall be inviolable. Art. 54 Freedom of intellectual, artistic, and scientific creation shall be guaranteed within the framework of the law. The law shall protect copyrights. Art. 55 Freedoms of expression and assembly shall be guaranteed. They shall not be invoked to undermine the foundations of the socialist Revolution. They shall be exercised subject to the provisions of Article 73 of the Constitution. Art. 56 Freedom of association shall be recognized. It shall be exercised within the framework of the law. Art. 57 Any citizen enjoying his full civil and political rights shall have the right to move freely everywhere on the national territory. The right of exit from the national territory shall be guaranteed within the framework of the law. Art. 58 Every citizen who meets the legal requirements shall be qualified to elect or be elected. Art. 59 The right to work shall be guaranteed in conformity with Article 24 of the Constitution. A worker shall assume his productive function as a duty and an honour. The right to have a share in the national revenue shall be linked to the obligation to work. Remuneration based on the principle of equal pay for equal work shall be determined according to the quality and the amount of work effectively performed. The quest for better productivity shall be a permanent goal in the socialist society. Encouragement for work and productivity may be ensured by the use of moral incentives and by appropriate systems of collective and individual profit-sharing schemes. Art. 60 The trade union right shall be acknowledged to all workers. It shall be exercised within the framework of the law. Art. 61 Work relationships in the socialist sector shall be governed by the legal and regulatory provisions relating to the socialist forms of management. In the private sector, the right to strike shall be acknowledged. The law shall regulate its exercise. Art. 62 The State shall guarantee the right to protection, security, and hygiene at work. Art. 63 The right to rest shall be guaranteed. The law shall determine the conditions in which this right shall be exercised. Art. 64 Within the framework of the law, the State shall secure the living conditions of the citizens who cannot yet, can no longer, or will never be able to work. Art. 65 The family is the basic unit of society. It shall enjoy the protection of the State and society. The State shall protect motherhood, childhood, youth, and the elderly by appropriate policies and institutions. Art. 66 All citizens shall be entitled to education. Education shall be free. It shall be compulsory for the duration of fundamental schooling under the conditions fixed by the law. The State shall ensure the equal exercise of the right to education. The State shall organize education. The State shall guarantee equal access for all to education, vocational training, and culture. Art. 67 All citizens shall be entitled to the protection of their health. This right shall be secured by a general and free health service, the extension of preventive medicine, the constant amelioration of living and working conditions, as well as the promotion of physical education, sports, and leisure activities. Art. 68 Any foreigner with a regular situation on the national territory shall enjoy the protection of his person and property in conformity with the law and the traditions of hospitality of the Algerian people. Art. 69 No person shall be extradited from the national territory except under and pursuant to the law on extradition. Art. 70 Under no circumstances shall a political refugee legally enjoying the right of asylum be handed over or extradited. Art. 71 Offences committed against rights and liberties, as well as physical or moral attempts on the integrity of the human person shall be punished in conformity with the law. Art. 72 Abuse of authority shall be punished by the law. State assistance shall be guaranteed to the citizen for the defence of his liberty and the inviolability of his person. Art. 73 The law shall fix the conditions of loss of fundamental rights and liberties by any person who utilizes them to undermine the Constitution, the essential interests of the national community, the unity of the people, the national territory, the internal and external security of the State, or the socialist Revolution.
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