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   Home> About Algeria> Constitution> Part I - Chapter IV - Rights and Liberties

Version Francaise
Untitled Document

GENERAL PRINCIPLES GOVERNING THE ALGERIAN SOCIETY

CHAPTER IV-Rights and Liberties


Article 29 - All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social condition or circumstance.
Article 30 - The Algerian nationality is defined by the law.
Conditions for acquiring, keeping, losing or forfeiture of the Algerian nationality are defined by the law.
Article 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.
Article 32 - The fundamental human and citizen's rights and liberties are guaranteed. They are a common heritage of all Algerians, men and women, whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable.
Article 33 - Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed.
Article 34 - The State guarantees the inviolability of the human entity.
  Any form of physical or moral violence or breach of dignity is forbidden.
Article 35 - Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being are repressed by the law.
Article 36 - Freedom of creed and opinion is inviolable.
Article 37 - Freedom of trade and industry is guaranteed, it is carried out within the framework of the law.
Article 38 - Freedom of intellectual, artistic and scientific innovation is guaranteed to the citizen.
Copyrights are protected by the law.
The seizure of any publication, recording or any other means of communication acid information can only be done in pursuance of a warrant.
Article 39 - The private life and the honour of the citizen are inviolable and protected by the law.
The secrecy of private correspondence and communication, in any form, is guaranteed.
Article 40 - The State guarantees home inviolability. No thorough search can be allowed unless in pursuance of the law and in compliance with the latter. The thorough search can only be in pursuance of a search warrant emanating from the competent judicial authority.
Article 41 - Freedom of expression, association and meeting are guaranteed to the citizen.
Article 42 - The right to create political parties is recognized and guaranteed.
However, this right cannot be used to violate the fundamental liberties, the fundamental values and components of the national identity, the national unity, the security and the integrity of the national territory, the independence of the country and the People's sovereignty as well as the democratic and Republican nature of the State.
In respect to the provisions of the present Constitution, the political parties cannot be founded on religious, linguistic, racial, sex, corporatist or regional basis. The political parties cannot resort to partisan propaganda on the elements mentioned in the previous paragraph.
Any obedience, in any form of the political parties to foreign interests or parties is forbidden.
No political party can resort to any form of any nature of violence or constraint.
Other obligations and duties are prescribed by the law.
Article 43 - The right to create associations is guaranteed.
The State encourages the development of associative movement.
The law defines the conditions and clauses of the creation of associations.
Article 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.
The right of entry and exit from the national territory is guaranteed.
Article 45 - Any person is presumed not guilty until his culpability is established by a regular jurisdiction with all the guarantees required by the law.
Article 46 - None is guilty unless it is in accordance with a promulgated law prior to the incriminated action.
Article 47 - None can be pursued, arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed.
Article 48 - In the field of penal investigation, custody is under judiciary control and cannot exceed forty-eight (48) hours.
The person held in custody has the right to be immediately in contact with his family.
The extension of the period of custody can occur, exceptionally, only within the conditions established by the law.
At the expiry of the period of custody, it is compulsory to proceed to a medical examination of the person detained if this latter asks for it, and in any cases, this person is informed of this right.
Article 49 - Miscarriage of justice leads to compensation by the State. The law determines the conditions and modes of compensation.
Article 50 - Any citizen fulfilling the legal conditions can elect and be elected.
Article 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.
Article 52 - Private property is guaranteed.
The right to inherit is guaranteed.
The "Wakf" properties and the foundations are recognized; the law protects their intended purpose.
Article 53 - The right for education is guaranteed. Education is free within the conditions defined by the law.
Fundamental education is compulsory.
The State organizes the educational system.
The State ensures the equal access to education and professional training.
Article 54 - All citizens have the right for the protection of their health.
The State ensures the prevention and the fight of endemics and epidemics.
Article 55 - All citizens have right for work.
The law guarantees the right for protection, security and hygiene at work.
The right to rest is guaranteed; the law defines the relevant clauses.
Article 56 - The trade union right is recognized to all citizens.
Article 57 - The right to strike is recognized; it is carried out within the framework of the law.
The law may forbid or limit the strike in the field of national defense and security or in any public service or activity of vital interest for the community.
Article 58 - The family gains protection from the State and the society.
Article 59 - The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed.


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