| CHAPTER IV: Rights and liberties |
|
ART.
29 - All citizens are equal before the law. No discrimination shall
prevail because of birth, race, sex, opinion or any other personal or
social condition or circumstance. Art.
30 - The Algerian nationality is defined by the law. Conditions for
acquiring, keeping, loosing or forfeiture of the Algerian nationality are
defined by the law. Art.
31 - The aim of the institutions is to ensure equality of rights and
duties of all citizens, men and women, by removing the obstacles which
hinder the progress of human beings and impede the effective participation
of all in the political, economic, social and cultural life. Art.
32 - The fundamental human and citizen’s rights and liberties are
guaranteed. Art.
33 - Individual or associative defence of the fundamental human rights
and individual and collective liberties is guaranteed. Art.
34 - The State guarantees the inviolabilty of the human entity. Art.
35 - Infringements committed against rights and liberties and
violations of physical or moral integrity of a human being are repressed
by the law. Art.
36 - Freedom of creed and opinion is inviolable. Art.
37 - Freedom of trade and industry is guaranteed, it is carried out
within the framework of the law. Art.
38 - Freedom of intellectual, artistic and scientific innovation is
guaranteed to the citizen. Art.
39 - The private life and the honour of the citizen are inviolable and
protected by the law. Art.
40 - The State guarantees home inviolability. Art.
41 - Freedom of expression, association and meeting are guaranteed to
the citizen. Art.
42 - The right to create political parties is recognized and
guaranteed. Art.
43 - The right to create associations is guaranteed. The
law defines the conditions and clauses of the creation of associations. Art.
44 - Any citizen enjoying his civil and political rights has the right
to choose freely his place of dwelling and to move on the national
territory. Art.
45 - Any person is presumed not guilty until his culpability is
established by a regular jurisdiction with all the guarantees required by
the law. Art.
46 - None is guilty unless it is in accordance with a promulgated law
prior to the incriminated action. Art.
47 - None can be pursued, arrested or detained unless within the cases
defined by the law and in accordance with the forms prescribed. Art.
48 - In the field of penal investigation, custody is under judiciary
control and cannot exceed fourty-eight (48) hours. The
person held in custody has the right to be immediately in contact with his
family. Art.
49 - Miscarriage of justice leads to compensation by the State. Art.
50 - Any citizen fulfilling the legal conditions can elect and be
elected. Art.
51 - Equal access to
functions and positions in the State is guaranteed to all citizens without
any other conditions except those defined by the law. Art.
52 - Private property is guaranteed. Art.
53 - The right for education is guaranteed. Education is free within
the conditions defined by the law. Art.
54 - All citizens have the right for the protection of their health. Art.
55 - All citizens have right for work. Art.
56 - The trade union right is recognized to all citizens. Art.
57 - The right to strike is recognized; it is carried out within the
framework of the law. Art.
58 - The family gains protection from the State and the society. Art.
59 - The living conditions of the citizens under the age of working or
those unable or can never be able to work are guaranteed. Art.
60 - Ignorance of the law is no excuse. Art.
61 - The duty of every citizen is to protect and safeguard the
independence of the country and the integrity of its national territory as
well as all the symbols of the State. Art.
62 - Every citizen should, loyally, fulfill his obligations towards
the national community. Art.
63 - All the individual liberties are carried out within the respect
of the rights of others recognized by the Constitution, in particular, the
respect of the right for honour, intimacy and the protection of the family,
the youth and childhood. Art.
64 - The citizens are equals before the taxes. Art.
65 - The law sanctions the duty of parents in the education and
protection of their children as well as the duty of the children in
helping and assisting their parents. Art.
66 - The duty of every citizen is to protect the public property and
the interests of the national community and to respect the property of
others. Art.
67 - Any foreigner being legally on the national territory enjoys the
protection of his person and his properties by the law. Art.
68 - None can be extradited unless in accordance and in implementation
of the extradition law. Art.
69 - In no case, a political refugee having legally the right of
asylum can be delivered or extradited. |