Constitution

Central African Republic 2013 Constitution

Table of Contents

Title I. Of the Fundamental Bases of Society

Article 1

The human person is sacred and inviolable. All agents of the public power, all organisations, have the absolute duty to respect and protect it.

The Republic recognizes Human Rights as the basis of any human community, of peace and justice in the world.

Article 2

The Republic proclaims respect for and intangible guarantee of the development of personality. Everyone has the right to the free development of their personality as long as it does not violate the right of others, nor does it infringe the constitutional order.

Article 3

Everyone has the right to life and physical integrity. These rights cannot be infringed upon.

No one shall be subjected to torture, nor to rape, nor to abuse or cruel, inhuman, degrading or humiliating treatment. Any person, any state agent, any organisation that is guilty of such acts shall be punished in accordance with the texts in force.

No one may be arbitrarily arrested or detained. Every defendant shall be presumed innocent until proven guilty through a trial offering him the necessary guarantees for his defence. The legal delay of detention must be respected.

No one may be condemned except by virtue of a law that has entered into force before the act committed.

Defence rights are exercised freely before all the Courts and Administrations of the Republic.

Any person being subjected to a measure that restricts their freedom has the right to be examined and treated by the doctor of their choice.

Article 4

The freedom of the person is inviolable.

Freedom of movement, of residence and establishment throughout the entire territory is guaranteed to all within the conditions prescribed by law.

Article 5

All human beings are equal before the law regardless of race, ethnic origin, geographical origin, sex, religion, political affiliation or social status.

The law guarantees equal rights for men and women in all matters. In the Central African Republic, no one can be subject to nor privileged by their place of birth, person or family.

No one may be forced into exile nor may they be deported.

No one may be forcibly assigned to a residence, other than in conditions prescribed by law.

Article 6

Marriage and family constitute the natural and moral basis of the human community. They are placed under the protection of the State.

The State and other public authorities collectively have the duty to oversee the physical and moral health of the family and to promote it socially through appropriate institutions.

The protection of women and children against violence and insecurity, exploitation and moral, intellectual and physical neglect is a duty for the State and other public authorities. This protection is guaranteed by appropriate measures and State institutions and other public authorities.

Parents have a natural right and the primordial duty of raising and educating their children, in order to develop in them good physical, intellectual and moral abilities. They are supported in this task by the State and other public authorities.

Children born out of wedlock have the same rights to public assistance as legitimate children.

Natural children, legally recognised, have the same rights as legitimate children.

The State and other public authorities have the duty to create pre-existing conditions and public institutions that guarantee children’s education.

Article 7

Everyone has the right to access sources of knowledge. The State guarantees to all citizens access to instruction, culture and vocational training.

The education and instruction of youth shall be provided for by public or private institutions.

Private institutions can be opened with the State’s authorisation within the conditions prescribed by law. They are placed under the State’s control.

Parents have the obligation to provide for the education and instruction of their children until the age of sixteen (16) at least.

The State and other public authorities have the obligation to create and ensure the good functioning of public institutions for the education and instruction of youth.

Education is free in all public institutions at the various levels of education.

Article 8

Freedom of conscience, assembly, and freedom of religious worship are guaranteed to all within the conditions prescribed by law.

All forms of religious extremism and intolerance are prohibited.

Article 9

The Republic guarantees to each citizen the right to work, to a healthy environment, to rest and leisure in keeping with the requirements of national development. It guarantees favourable conditions for their personal development through an efficient employment policy.

All citizens are equal regarding employment. No one may be discriminated against in their work because of their origins, their sex, their opinions or their beliefs.

All workers take part, through their representatives, in the determination of their working conditions.

Laws establish conditions of assistance and protection granted to workers and more particularly to the young, to the elderly, to disabled workers, to minorities and to all those with health problems.

Article 10

Union rights are guaranteed and exercised freely within the framework of laws that regulate them. Every worker can affiliate to the union of their choice and defend their rights and interests through union action.

The right to strike is guaranteed and is exercised within the framework of laws that regulate it and cannot, in any case, adversely affect either the freedom to work or the free exercise of the right to property.

Article 11

Free enterprise is guaranteed within the framework of the laws in force.

Article 12

The State will do everything it can to guarantee the right to health and medical protection.

Article 13

All citizens have the right to freely form associations, groups, political parties, societies, organisations and institutions of public use, as long as they conform to the laws in force.

Associations, groups, political parties, societies, organisations and institutions whose activities are contrary to the public order as well as to the unity and cohesion of the people of Central Africa or represent a threat to the State or to its national territorial integrity are banned.

Article 14

Freedom of information, of expression and to disseminate one’s opinions through speech, writing and art, under condition of respect of the rights of others, is guaranteed at an individual and collective level.

The State guarantees the freedom to demonstrate peacefully.

The privacy of correspondence, as well as that of postal, electronic, telegraphic and telephonic communications, is inviolable.

The above mentioned provisions cannot be restricted save through application of a law.

Freedom of press is recognised and guaranteed. It is exercised within the conditions prescribed by law.

The exercise of this freedom and equal access for all to the media are guaranteed by an independent body, with regulatory and decision-making powers, and whose status is established by law.

Freedom of intellectual, artistic and cultural creativity is recognised and guaranteed. It is to be exercised within the conditions prescribed by law.

Article 15

Every physical or moral person has the right to property. No one shall be deprived of their property, save for a matter of public utility legally established and under the condition of a just and prior indemnisation.

The home, like all private property, is inviolable. It can only be infringed upon following a judicial decision and for a set period of time, and, if there is a danger within the home, by other authorities designated by law and obliged to do so in ways prescribed by law.

Measures infringing the inviolability of the home or of any private property or restricting it for a set period of time can be taken to avert an imminent or unpredictable public threat or to protect people in danger, in exchange for fair compensation.

These measures can be taken when applying a law for the protection of the public order against imminent threats, in particular to fight the risks of epidemic, fires or to protect people in danger.

The property and assets of people as well as the cultural heritage of the Nation are inviolable. The State and public authorities as well as all citizens have the duty to protect them.

Article 16

All citizens are equal regarding public responsibilities and in particular regarding taxes that only the law may create and redistribute. They bear, in all solidarity, the responsibilities resulting from natural catastrophes or endemic, epidemic or incurable diseases.

Article 17

Defence of the homeland and its territorial integrity is a duty for all citizens.

Article 18

Any individual who is a victim of a violation of the provisions of articles 4 to 18 of the present title has the right to reparation.

Any person living in the national territory has the duty to respect, in all circumstances, the constitutional order, the laws and regulations in force in the Central African Republic.