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Constitution of Algeria – 4: Concerning the Rights and Liberties

CHAPTER FOUR 
CONCERNING THE RIGHTS AND LIBERTIES

Article 29
The citizens shall be equal before the law without any discrimination on the basis of birth, race, gender, opinion or any other personal or social condition or circumstances.

Article 30
Algerian citizenship shall be defined in an Act of Parliament. The conditions for the acquisition, retention, loss and revocation of Algerian citizenship shall be determined by statute.

Article 31
The institutions shall seek to ensure the equality of rights and duties of all citizens in suppressing the obstacles which obstruct the development of the human personality and impede the effective participation of all in the political, economic, social and cultural life.

Article 31 [3]
The State shall work for the promotion of political rights of women by increasing their chances of access to representation in elected assemblies. The modalities of application of this Article shall be determined by an Institutional Act.

Article 32
The fundamental liberties and the rights of man and of the citizen shall be guaranteed. They shall constitute the common heritage of all Algerians, who have the task of transmitting it from generation to generation in its integrity and inviolability.

Article 33
The individual and collective defense of the fundamental Rights of Man and of individual and collective liberties shall be guaranteed.

Article 34
The State shall guarantee the inviolability of the human person. Any form of physical or moral violence or infringement of dignity shall be prohibited.

Article 35
The infringements of rights and liberties as well as any physical or moral attacks on the integrity of the human person shall be punished by statute.

Article 36
The freedom of conscience and the freedom of opinion shall be inviolable.

Article 37
The freedom of commerce and of industry shall be guaranteed. It shall be exercised within the statutory framework.

Article 38
The freedom of intellectual, artistic and scientific creativity shall be guaranteed to the citizen. The rights of authorship shall be protected by statute. The seizure of any publication, recording or other means of communication and information may only be carried out on the basis of a judicial warrant.

Article 39
The private life and the honor of the citizen shall be inviolable and protected by statute. The secrecy of correspondence and private communications, in all their forms, shall be guaranteed.

Article 40
The State shall guarantee the inviolability of the domicile. No search can be made, except on the basis of a statute and in conformity with its provisions. A search may only be carried out on the basis of a warrant from the competent judicial authority.

Article 41
The freedoms of expression, association and assembly shall be guaranteed to the citizen.

Article 42
The right to establish political parties shall be recognized and guaranteed. However, this right may not be invoked in order to undermine fundamental liberties, the values and main elements of national identity, national unity, the security and integrity of the national territory, the independence of the country and the sovereignty of the people or the democratic and republican character of the State. In accordance with the provisions of the present Constitution political parties may not be founded on a religious, linguistic, racial, sexual, corporatist or regional basis. Political parties may not have recourse to party political propaganda using the elements referred to in the previous paragraph. Any submission of political parties, under whatever form, to foreign interests or parties shall be forbidden. No political party may resort to violence or constraint, of whatever nature or form. Other obligations and duties shall be determined by statute.

Article 43
The right to form associations shall be guaranteed by statute. The State shall encourage the flourishing of the associative movement. Statute shall determine the conditions and the modalities pertaining to the creation of associations.

Article 44
Every citizen enjoying all civil and political rights shall have the right to choose freely the place of residence and to move about on the national territory.The right of entry and exit from the national territory shall be guaranteed.

Article 45
Every person shall be presumed to be innocent until he or she has been found guilty by a regular court in accordance with all the guarantees required by statute.

Article 46
No one may be considered guilty except by virtue of a statute duly promulgated before the commission of the incriminating act.

Article 47
No one may be pursued, arrested or detained except in the cases determined by statute and in accordance with the forms prescribed by it.

Article 48
In the case of a criminal investigation detention shall be subject to judicial control and may not exceed forty-eight hours. The person detained shall have the right to get in touch with his family immediately. An extension of the detention may take place only exceptionally and in accordance with the conditions specified by statute. At the end of the detention a medical examination shall be performed on the detained person if the latter so requests; in any case he or she has to be informed of this right.

Article 49
Judicial error shall give rise to compensation by the State. The statute shall determine the conditions and modalities of the compensation.

Article 50
Every citizen meeting the legal requirements shall have the right to vote and to be elected.

Article 51
Equal access to functions and employment in the State shall be guaranteed to all citizens, without conditions other than those established by statute.

Article 52
Private property shall be guaranteed.The right of inheritance shall be guaranteed. The holdings of the religious (wakf) and other foundations shall be recognized. Their use for the established purposes shall be protected by statute.

Article 53
The right to education shall be guaranteed. Instruction shall be free within the conditions fixed by statute. Primary education shall be compulsory. The State shall organize the educational system. The State shall protect equal access to schooling and professional training.

Article 54
All citizens shall have the right to the protection of their health. The State shall ensure the prevention and the fight against epidemic and endemic illnesses.

Article 55
All citizens shall have the right to work. The right to protection, security and hygiene at work shall be guaranteed by statute. The right to rest shall be guaranteed. Statute shall determine the modalities of its exercise.

Article 56
The right to establish trade unions shall be recognized for all citizens.

Article 57
The right to strike shall be recognized. It shall be exercised within the framework established by statute. The law may prohibit or restrict the exercise of the right to strike in the fields of national defense and security, or for services and public activities which are of vital interest to the community.

Article 58
The family shall enjoy the protection of the State and of the society.

Article 59
The living conditions of the citizens who cannot yet work or can no longer or never again work shall be guaranteed.

 

[3] As inserted by Article 2 of Constitutional Act No. 08-19 of November 15, 2008.

Next: Chapter 5- The Duties

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