Constitution

Angola 2010 Constitution


Table of Contents

TITLE II. FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER I. GENERAL PRINCIPLES

Article 22. (Principle of universality)

  1. Everyone shall enjoy the rights, freedoms and guarantees enshrined in the Constitution and shall be subject to the duties established in the Constitution and the law.
  2. Angolan citizens residing or finding themselves abroad shall enjoy the rights, freedoms and guarantees and the protection of the state and shall be subject to the duties established in the Constitution and the law.
  3. Everyone shall have duties with regard to the family, society, the state and other legally recognised institutions, in particular:
    1. To respect the rights, freedoms and property of others, morals, acceptable behaviour and the common good;
    2. To respect and be considerate of others without discrimination of any kind and to maintain relations that promote, safeguard and reinforce mutual respect and tolerance.

Article 23. (Principle of equality)

  1. Everyone shall be equal under the Constitution and by law.
  2. No-one may be discriminated against, privileged, deprived of any right or exempted from any duty on the basis of ancestry, sex, race, ethnicity, colour, disability, language, place of birth, religion, political, ideological or philosophical beliefs, level of education or economic, social or professional status.

Article 24. (Age of majority)

The age of majority shall be 18.

Article 25. (Foreigners and stateless persons)

  1. Foreigners and stateless persons shall enjoy fundamental rights, freedoms and guarantees and the protection of the state.
  2. The following are forbidden to foreigners and stateless persons:
    1. Holding office in bodies that exercise sovereign power;
    2. Electoral rights, under the terms of the law;
    3. Founding or serving in political parties;
    4. Entitlements to participation in politics, as stipulated by law;
    5. Access to a diplomatic career;
    6. Entry into the armed forces, the national police force and the intelligence and security organisations;
    7. Direct state administrative functions, under the terms of the law;
    8. Any other rights and duties reserved exclusively for Angolan citizens under the Constitution and the law.
  3. Rights not conferred on foreigners may be granted to citizens of regional or cultural communities to which Angola may belong or be associated with, through international conventions and on the basis of reciprocity, with the exception of the right to vote and stand for election to bodies that exercise sovereign power.

Article 26. (Scope of fundamental rights)

  1. The fundamental rights established in this Constitution shall not exclude others contained in the laws and applicable rules of international law.
  2. Constitutional and legal precepts relating to fundamental rights must be interpreted and incorporated in accordance with the Universal Declaration of the Rights of Man, the African Charter on the Rights of Man and Peoples and international treaties on the subject ratified by the Republic of Angola.
  3. In any consideration by the Angolan courts of disputes concerning fundamental rights , the international instruments referred to in the previous point shall be applied, even if not invoked by the parties concerned.

Article 27. (Rules governing rights, freedoms and guarantees)

The principles set out in this chapter shall apply to the rights, freedoms and guarantees and to fundamental rights of a similar nature that are established in the Constitution or are enshrined in law or international conventions.

Article 28. (Legal force)

  1. The constitutional principles regarding fundamental rights, freedoms and guarantees are directly applicable to, and binding upon, all public and private entities.
  2. The state must adopt legislative initiatives and other appropriate measures to ensure the gradual and effective realisation of economic, social and cultural rights, in accordance with the available resources.

Article 29. (Access to law and effective judicial protection)

  1. Everyone shall be ensured access to the law and the courts in order to defend their legally protected rights and interests, and justice shall not be denied to anyone due to a lack of financial means.
  2. Under the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority.
  3. The law shall define and ensure adequate protection for the secrecy of legal proceedings.
  4. Everyone shall have the right to secure a ruling in any suit to which he is a party within a reasonable period of time and by means of a fair process.
  5. For the purpose of safeguarding personal rights, freedoms and guarantees, the law shall ensure citizens judicial proceedings that are characterised by swiftness and given priority, in order to secure effective and timely judicial protection against any threats or violations of these rights.

CHAPTER II. FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION I. INDIVIDUAL AND COLLECTIVE RIGHTS AND FREEDOMS

Article 30. (Right to life)

The state shall respect and protect human life, which is inviolable.

Article 31. (Right to personal integrity)

  1. The moral, intellectual and physical integrity of individuals shall be inviolable.
  2. The state shall respect and protect the human person and human dignity.

Article 32. (Right to identity and privacy)

  1. The right to personal identity, civil capacity, nationality, a good name and reputation, likeness, free speech, and privacy in personal and family life shall be recognised for all.
  2. The law shall establish effective guarantees against the procurement and use of information relating to individuals and families in a manner which is abusive or offends against human dignity.

Article 33. (Inviolability of the home)

  1. The home shall be inviolable.
  2. No-one may enter or carry out a search or seizure in the home of any individual without their consent, except in situations prescribed under the Constitution and in law and when provided with a warrant from the appropriate authority issued for legally prescribed cases in the legally prescribed manner, in the case of flagrante delito or in emergency situations in order to provide assistance.
  3. The law shall establish the cases in which the appropriate authority may order the entry, search and seizure of property, documents or other objects in the home.

Article 34. (Inviolability of correspondence and communications)

  1. The secrecy of correspondence and other means of private communication, namely postal, telegraphic, telephone and telematic communications, shall be inviolable.
  2. Interference by the public authorities in private correspondence and other means of private communication shall only be permitted by means of a ruling by the appropriate judicial authority under the terms of the law.

Article 35. (Family, marriage and filiation)

  1. The family is the basic nucleus of social organisation and shall be the object of special protection by the state, whether based on marriage or on a defacto union between a man and a woman.
  2. Everyone shall have the right to freely found a family under the terms of the Constitution and the law.
  3. Men and women shall be equal within the family, in society and before the state, enjoying the same rights and being responsible for the same duties.
  4. The law shall regulate the requirements for, and the effects of, marriage and defacto union, as well their dissolution.
  5. Children shall be equal before the law and any discrimination or the use of any discriminatory nomenclature with regard to filiation shall be prohibited.
  6. It shall be an absolute priority of the family, the state and society to protect the rights of the child, namely their full and balanced upbringing, health care, education and living conditions .
  7. The state, in collaboration with the family and society, shall promote the full and balanced development of young people and adolescents, and the creation of conditions for the fulfilment of their political, economic, social and cultural rights and shall foster youth organizations established for economic, cultural, artistic, recreational, sporting, environmental, scientific, educational, patriotic and international youth exchange purposes.

Article 36. (Right to physical freedom and personal security)

  1. Everyone shall have the right to physical freedom and individual security.
  2. No-one may be deprived of their freedom, except in cases prescribed by the Constitution and the law.
  3. The right to physical freedom and individual security shall also involve:
    1. The right not to be subjected to any form of violence by public or private entities;
    2. The right not to be tortured or treated or punished in a cruel, inhumane or degrading manner;
    3. The right to fully enjoy physical and mental integrity;
    4. The right to protection and control over one’s own body;
    5. The right not to be submitted to medical or scientific experiments without prior informed and duly justified consent.

Article 37. (Right to property, requisitions and expropriations)

  1. Everyone shall be guaranteed the right to private property and to its transmission, under the terms of the Constitution and the law.
  2. The state shall respect and protect the property and any other rights in rem of private individuals, corporate bodies and local communities, and temporary civil requisition and expropriation for public use shall only be permitted upon prompt payment of just compensation under the terms of the Constitution and the law.
  3. The payment of the compensation referred to in the previous point shall be a condition of expropriation.

Article 38. (Right to free economic initiative)

  1. Private enterprise shall be freely undertaken and exercised with respect for the Constitution and the law.
  2. Everyone shall have the right to engage in free business and cooperative initiatives, to be exercised under the terms of the law.
  3. The law shall promote, regulate and protect the economic activities and investments of private, national or foreign individuals and corporate bodies in order to guarantee their contribution to the development of the country, defending the economic and technological emancipation of the Angolan people and the interests of workers.

Article 39. (Environmental rights)

  1. Everyone has the right to live in a healthy and unpolluted environment and the duty to defend and preserve it.
  2. The state shall take the requisite measures to protect the environment and species of flora and fauna throughout national territory, maintain the ecological balance, ensure the correct location of economic activities and the rational development and use of all natural resources, within the context of sustainable development, respect for the rights of future generations and the preservation of species.
  3. Acts that endanger or damage conservation of the environment shall be punishable by law.

Article 40. (Freedom of expression and information)

  1. Everyone shall have the right to freely express, publicise and share their ideas and opinions through words, images or any other medium, as well as the right and the freedom to inform others, to inform themselves and to be informed, without hindrance or discrimination.
  2. The exercise of the rights and freedoms described in the previous point may not be obstructed or limited by any type or form of censorship.
  3. Freedom of expression and information shall be restricted by the rights enjoyed by all to their good name, honour, reputation and likeness, the privacy of personal and family life, the protection afforded to children and young people, state secrecy, legal secrecy, professional secrecy and any other guarantees of these rights, under the terms regulated by law.
  4. Anyone committing an infraction during the course of exercising freedom of expression and information shall be held liable for their actions, in disciplinary, civil and criminal terms, under the terms of the law.
  5. Under the terms of the law, every individual and corporate body shall be assured the equal and effective right of reply, the right to make corrections, and the right to compensation for damages suffered.

Article 41. (Freedom of conscience, religion and worship)

  1. Freedom of conscience, religion and worship shall be inviolable.
  2. No-one shall be deprived of their rights, persecuted or exempted from obligations due to their religious beliefs or philosophical or political convictions.
  3. Under the terms of the law, the right to be a conscientious objector shall be guaranteed.
  4. No authority shall question anyone with regard to their convictions or religious practices, except in order to gather statistical data that cannot be individually identified.

Article 42. (Intellectual property)

  1. Intellectual, artistic, political, scientific and communications activities shall be freely expressed, independently of any censorship or licence.
  2. Authors shall have the exclusive right to use, publish and reproduce their work, which can be transmitted to their heirs for the period of time established by law.
  3. Under the terms of the law the following shall be ensured:
    1. Protection for individual involvement in collective work and in the reproduction of the human image and voice, including cultural, educational, political and sporting activities;
    2. The right of creators, performers and the respective trade union and supervisory associations to benefit financially from works they have created or taken part in.
  4. The law shall ensure the authors of industrial inventions, patents for inventions and technological process the temporary privilege of using them, in addition to ensuring protection for industrial creations, ownership of brands, company names and other distinctive trademarks, with a view to the interests of society and the technological and economic development of the country.

Article 43. (Freedom of cultural and scientific creation)

  1. Intellectual, artistic and scientific creation shall not be restricted.
  2. The freedom referred to in the previous point shall comprise the right to invent, produce and publicise scientific, literary and artistic works and shall include the protection of copyright by law.

Article 44. (Freedom of the press)

  1. Freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature.
  2. The state shall ensure plural expression, imposing different ownerships and editorial diversity in the media.
  3. The state shall ensure the existence and the independent and qualitatively competitive functioning of a public radio and television service.
  4. The law shall establish the forms by which freedom of the press shall be exercised.

Article 45. (Right to broadcasting time, right of reply and of political response)

  1. During general and local elections and referendums, candidates shall have the right to broadcasting time on state radio and television stations in accordance with the scope of the election or referendum, under the terms of the Constitution and the law.
  2. Political parties with seats in the National Assembly have the right of reply and political response to statements by the Executive, under the terms regulated by law.

Article 46. (Freedom of residence, movement and emigration)

  1. Any citizen legally residing in Angola may freely establish their residence, move and settle anywhere in national territory, except in cases prescribed in the Constitution and when the law establishes restrictions, namely regarding entry and residence, protection of the environment or vital national interests.
  2. Every citizen shall be free to emigrate and leave national territory and to return to it, without prejudice to any restrictions arising out of the fulfillment of legally established duties.

Article 47. (Freedom to meet and demonstrate)

  1. Freedom of assembly and peaceful, unarmed demonstration shall be guaranteed to all citizens, without the need for any authorisation and under the terms of the law.
  2. The appropriate authorities must be given advance notification of meetings and demonstrations held in public places, under the terms and for the purposes established in law.

Article 48. (Freedom of association)

  1. All citizens shall have the right to freely associate with one another without requiring any administrative authorisation, on condition that such associations are organised on the basis of democratic principles, under the terms of the law.
  2. Associations shall pursue their purposes freely and without interference from the public authorities and may not be dissolved or have their activities suspended, except in cases prescribed by law
  3. No-one shall be obliged to belong to an association, or be coerced by any means to remain a member of one.
  4. Any associations or groupings whose purposes or activities are contrary to the constitutional order, or which incite and practice violence, promote tribalism, racism, dictatorship, fascism or xenophobia, in addition to any military, militarised or paramilitary-type associations, shall be prohibited.

Article 49. (Freedom of professional and business association)

  1. All members of the liberal or independent professions and, in general, all self-employed workers shall be guaranteed freedom of professional association in order to defend their rights and interests and to regulate the ethics of each profession.
  2. Associations for members of the liberal or independent professions shall be governed by the principles of democratic organisation and functioning and independence from the state, under the terms of the law.
  3. The ethical standards of the professional associations may not contradict the constitutional order, fundamental human rights or the law.

Article 50. (Trade union freedoms)

  1. It shall be recognised that all workers have the freedom to create trade union organisations to defend their collective and individual interests.
  2. It shall be recognised that trade union associations have the right to defend the rights and interests of workers and to exercise the right to social dialogue, which must duly take into account the fundamental human rights of individuals and communities and the actual capacity of the economy, under the terms of the law.
  3. The law shall regulate the founding, affiliation, federation, organisation and closure of trade union associations and shall guarantee their autonomy and independence from employers and the state.

Article 51. (Right to strike and prohibition of lock-outs)

  1. Workers shall have the right to strike.
  2. Lock-outs shall be prohibited and employers may not bring a company totally or partially to standstill by forbidding workers access to workplaces or similar as a means of influencing the outcome of labour conflicts.
  3. The law shall regulate the exercise of the right to strike and shall establish limitations on the services and activities considered essential and urgent in terms of meeting vital social needs.

Article 52. (Participation in public life)

  1. Every citizen shall have the right to take part in political life and the direction of public affairs, either directly or via freely elected representatives, and to be informed of the actions of the state and the management of public affairs, under the terms of the Constitution and by law.
  2. It shall be the duty of every citizen to comply with and respect the law and obey the orders of the legitimate authorities issued under the terms of the Constitution and the law, respecting fundamental rights, freedoms and guarantees.

Article 53. (Standing for public office)

  1. Every citizen shall have the free and equal right to stand for public office, under the terms of the Constitution and the law.
  2. No-one shall be prejudiced in terms of their appointment, job or professional career, or the social benefits to which they are entitled, due to the exercise of political rights or the holding of public office, under the terms of the Constitution and by law.
  3. In governing the right to stand for elected office, the law shall only determine the ineligibilities required to guarantee electors freedom of choice and ensure independence and lack of bias in the exercise of the offices in question.

Article 54. (Right to vote)

  1. Every citizen who has attained the age of eighteen years shall have the right to vote and stand for election for any state or local authority body and to serve their terms of office or mandates, under the terms of the Constitution and the law.
  2. The right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the Constitution.
  3. The exercise of the right to vote shall be personal and non-transferable and shall be a civic duty.

Article 55. (Freedom to form political associations and political parties)

  1. There shall be freedom to create political associations and political parties, under the terms of the Constitution and the law.
  2. Every citizen shall have the right to participate in political associations and political parties, under the terms of the Constitution and the law.

SECTION II. GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 56. (General guarantee of the state)

  1. The state shall recognise as inviolable the fundamental rights and freedoms enshrined in the Constitution and shall create the political, economic, social and cultural conditions and conditions of peace and stability that guarantee their effective realisation and protection, under the terms of the Constitution and the law.
  2. It shall be the duty of all public authorities to respect and guarantee the free exercise of fundamental rights and freedoms and the fulfilment of constitutional and legal duties.

Article 57. (Restriction of rights, freedoms and guarantees)

  1. The law may only restrict rights, freedoms and guarantees in cases expressly prescribed in the Constitution and these restrictions must be limited to what is necessary, proportional and reasonable in a free and democratic society in order to safeguard other constitutionally protected rights and interests.
  2. Laws restricting rights, freedoms and guarantees must be of a general and abstract nature and may not have a retroactive effect nor reduce the extent or scope of the essential content of constitutional precepts.

Article 58. (Limitation or suspension of rights, freedoms and guarantees)

  1. The exercise of the rights, freedoms and guarantees of citizens may only be limited or suspended in the event of a state of war, siege or emergency, under the terms of the Constitution and the law.
  2. A state of war, siege or emergency may only be declared in part or all of national territory in cases of actual or imminent aggression by foreign forces, serious threat to, or disturbance of, the constitutional democratic order, or public disaster.
  3. The decision to opt for a state of war, siege or emergency, in addition to its declaration and implementation must always be limited to the necessary and appropriate actions required to maintain public order and protect general interests, observing the principle of proportionality and being limited, particularly with regard to extent and duration and the means employed, to that which is strictly necessary to promptly restore constitutional normality.
  4. The declaration of a state of war, siege or emergency shall confer on the public authorities the power and responsibility to take the appropriate steps needed to restore constitutional normality.
  5. Under no circumstances may the declaration of a state of war, siege or emergency effect:
    1. The application of constitutional rules concerning the responsibilities and functioning of the bodies that exercise sovereign power;
    2. The rights and immunities of the members of bodies that exercise sovereign power;
    3. The right to life, personal integrity and personal identity;
    4. Civil capacity and citizenship;
    5. The non-retroactive nature of criminal law;
    6. The right to a defence;
    7. Freedom of conscience and religion.
  6. Special law shall regulate the state of war, siege or emergency.

Article 59. (Ban on the death penalty)

The death penalty shall be prohibited.

Article 60. (Ban on torture and degrading treatment)

No-one shall be subjected to torture, forced labour or cruel, degrading or inhuman treatment.

Article 61. (Repugnant and violent crimes)

The following shall be imprescriptible and ineligible for amnesty or provisional release, through the application of coercive measures:

  1. Genocide and crimes against humanity, as stipulated in law;
  2. Crimes stipulated as such in law.

Article 62. (Irreversibility of amnesty)

The legal effects of amnesties implemented under the terms of the appropriate law shall be considered valid and irreversible.

Article 63. (Rights of those detained and imprisoned)

Any person deprived of their liberty must be informed at the time of their imprisonment or detention of the respective reasons and their rights, namely:

  1. To be shown the warrant for their imprisonment or detention issued by the appropriate authority, under the terms of the law;
  2. To be informed of the place where they will be taken;
  3. To have their family and lawyer informed of their imprisonment or detention and the place where they will be taken;
  4. To choose a lawyer or counsel whom they trust to accompany police and legal inquiries;
  5. To consult a lawyer before making a statement;
  6. To remain silent and not make a statement or to do so only in the presence of a lawyer of their choice;
  7. Not to make confessions and statements that incriminate them;
  8. To be brought before an appropriate magistrate for confirmation or otherwise of their imprisonment and to be tried within the legally established limit of time or released;
  9. To communicate in a language they understand or through an interpreter.

Article 64. (Deprivation of freedom)

  1. Deprivation of freedom shall only be permitted in cases and under the conditions determined by law.
  2. The police or any other entity may only detain or make an arrest in cases prescribed in the Constitution and in law, in flagrante delito or when in possession of a warrant issued by the appropriate authority.

Article 65. (Application of criminal law)

  1. Criminal liability shall be personal and non-transferable.
  2. No-one shall be sentenced under criminal law unless the act or omission in question is punishable under the terms of a pre-existing law, nor shall any person be the object of a security measure unless the prerequisites are laid down in a pre-existing law.
  3. No sentence or security measure shall be applied unless it is expressly sanctioned in a pre-existing law.
  4. No-one shall be the object of a sentence or security measure that is more severe than those provided for at the moment of the conduct in question or verification of the respective prerequisites, and criminal laws with a content more favourable to the defendant shall be applied retroactively.
  5. No-one shall be tried more than once for the same matter.
  6. Citizens who are unjustly convicted shall have the right to have their sentences reviewed and to receive compensation for any damages they have suffered, as prescribed by law.

Article 66. (Limits on sentences and security measures)

  1. No sentence or security measure that deprives or restricts freedom shall be perpetual in nature or of an unlimited or undefined duration.
  2. Convicted persons who are the object of a sentence or security measure that deprives them of their freedom shall retain their fundamental rights, subject only to the limitations inherent to their convictions and to the specific requirements imposed by the execution of the respective sentences.

Article 67. (Guarantees in criminal proceedings)

  1. No-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel.
  2. All citizens shall be presumed innocent until their sentence has become res judicata.
  3. The defendant shall have the right to choose a lawyer or counsel and to be assisted by them throughout the legal proceedings, and the cases and phases in which legal assistance is obligatory shall be specified by law.
  4. Defendants and prisoners shall have the right to receive visits from their lawyer, family, friends and religious counsellor and to correspond with them, without prejudice to the provisions contained in Article 63(e) and Article 194(3).
  5. Defendants or prisoners who are unable to appoint a lawyer for financial reasons must, under the terms of the law, be ensured adequate legal aid.
  6. Any individual who is sentenced shall have the right to lodge an appeal or extraordinary review procedure with the appropriate court against their penal sentence, under the terms of the law.

Article 68. (Habeas corpus)

  1. Everyone shall have the right to apply for a writ of habeas corpus against the misuse of power in the form of illegal imprisonment or detention, to be lodged with the appropriate court.
  2. Application for a writ of habeas corpus may be made by the individual concerned or any individual exercising their political rights.
  3. The process of habeas corpus shall be regulated by law.

Article 69. (Habeas data)

  1. Everyone shall have to right to apply for a writ of habeas data to ensure that they are informed of any information about them contained in files, archives and computerised records, and that they are informed of the purpose for which this is destined and, in addition, shall have the right to demand that these are corrected or updated, under the terms of the law and whilst safeguarding state and legal secrecy.
  2. The recording and processing of data referring to political, philosophical or ideological beliefs, religious faith, political party or trade union membership or the ethnic origins of citizens for discriminatory purposes shall be prohibited.
  3. Access to the personal data of third parties and the transfer of personal data from one file to another within different departments or institutions shall also be prohibited, except in the cases established in law or legal rulings.
  4. The provisions contained in the previous article shall, with the necessary adaptations, apply to habeas data.

Article 70. (Extradition and deportation)

  1. The deportation or extradition of Angolan citizens from national territory shall not be permitted.
  2. The extradition of foreign citizens for political motives, for charges punishable by the death penalty or in cases where it is justifiably recognised that extradition may lead to the torture, inhumane or cruel treatment of the individual concerned or will result in irreversible damage to their physical integrity under the law of the state applying for extradition, shall not be permitted.
  3. In accordance with the law, the Angolan courts shall know the charges made against citizens whose extradition is not permitted, in accordance with the provisions contained in the previous points in this Article.
  4. The expulsion from national territory of foreign citizens or stateless persons with authorisation to reside in the country or those who have requested asylum shall only be determined by a judicial ruling, except when an authorisation has been revoked, under the terms of the law.
  5. The law shall regulate the requirements and conditions for the extradition and expulsion of foreigners.

Article 71. (Right of asylum)

  1. All foreign or expatriate citizens shall be guaranteed the right to asylum in the event of persecution for political reasons, namely those involving serious threat or persecution as a result of their work for democracy, national independence, peace amongst different peoples, liberty and human rights, in accordance with the laws in force and international instruments.
  2. The law shall define the status of political refugees.

Article 72. (Right to a fair and appropriate trial)

It shall be recognised that every citizen has the right to a fair and swift trial in accordance with the law.

Article 73. (Right to submit petitions, accusations, claims and complaints)

Everyone shall have the right to individually or collectively submit petitions, accusations, claims or complaints to sovereign bodies or any other authorities in defence of their rights, the Constitution, the laws or the general interest, and shall also have the right to be informed of the result of their consideration within a reasonable period of time.

Article 74. (Right to popular action)

Every citizen, either individually or through associations representing specific interests, shall have the right to take legal action in the cases and under the terms established by law, with the aim of annulling acts which are harmful to public health, the public, historic and cultural heritage, the environment, quality of life, consumer rights, the legality of administrative acts and any other collective interests.

Article 75. (Liability of the state and other public corporate bodies)

  1. The state and other public corporate bodies shall be jointly and civilly liable for any actions and omissions committed by their organs, their respective officeholders, agents and staff in the exercise of their legislative, judicial and administrative duties or as a result of the said duties which result in the violation of rights, freedoms and guarantees or in losses to those entitled to them or third parties.
  2. The individuals responsible for these acts or omissions shall be held liable for them, in criminal and disciplinary terms, under the terms of the law.

CHAPTER III. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES

Article 76. (Right to work)

  1. Work shall be the right and duty of all.
  2. Every worker shall have the right to vocational training, fair pay, rest days, holidays, protection, and workplace health and safety, in accordance with the law.
  3. In order to ensure the right to work, the state shall be charged with promoting:
    1. The implementation of policies to generate work;
    2. Equal opportunities in the choice of profession or type of work and conditions which prevent preclusion or limitation due to any form of discrimination;
    3. Academic training and scientific and technological development, as well as vocational development for workers.
  4. Dismissal without fair cause shall be illegal and employers shall be obliged to pay just compensation for workers who have been dismissed, under the terms of the law.

Article 77. (Health and social protection)

  1. The state shall promote and guarantee the measures needed to ensure the universal right to medical and health care, as well as the right to child care and maternity care, care in illness, disability, old age and in situations in which they are unable to work, in accordance with the law.
  2. In order to guarantee the right to medical and health care, the state shall be charged with:
    1. Developing and ensuring an operational health service throughout national territory;
    2. Regulating the production, distribution, marketing, sale and use of chemical, biological and pharmaceutical products and other means of treatment and diagnosis;
    3. Encouraging the development of medical and surgical training and research into medicine and health care.
  3. Private and cooperative initiatives in the spheres of health care, welfare and social security shall be overseen by the state and exercised under the conditions prescribed by law.

Article 78. (Consumer rights)

  1. Consumers shall have the right to good quality goods and services, information and clarification, guarantees for products and protection with regard to consumer relations.
  2. Consumers shall have the right to be protected against the manufacture and supply of goods and services that are harmful to health and life and must receive compensation for any damages suffered.
  3. The advertising of consumer goods and services shall be regulated by law and all forms of concealed, indirect or misleading advertising shall be prohibited.
  4. The law shall protect consumers and guarantee to defend their interests.

Article 79. (Right to education, culture and sports)

  1. The state shall promote access for all to literacy, education, culture and sport, encouraging various private agents to become involved in their implementation, under the terms of the law
  2. The state shall promote science and scientific and technological research.
  3. Private and cooperative initiatives in the spheres of education, culture and sports shall be exercised under the terms prescribed by law.

Article 80. (Childhood)

  1. Children shall have to right to receive special attention from the family, society and the state which, by working closely together, must ensure that they are fully protected against all forms of neglect, discrimination, oppression, exploitation and abuse of authority, within the family and in other institutions.
  2. Public policies regarding the family, education and health must safeguard the principle of the higher interests of the child, as a means of guaranteeing their full physical, mental and cultural development.
  3. The state shall ensure special protection for children who are orphaned, disabled, abandoned or in any way deprived of a normal family environment.
  4. The state shall regulate the adoption of children, promoting their integration into a family environment and striving to ensure their full development.
  5. Minors of school age are forbidden to work, under the terms of the law.

Article 81. (Youth)

  1. In order to ensure effective enjoyment of their economic, social and cultural rights, young people shall receive special protection, particularly:
    1. In education, vocational training and culture;
    2. In access to their first job, at work and with regard to social security;
    3. In access to housing;
    4. In physical education and sport;
    5. In the use of their leisure time.
  2. In order to implement the provisions contained in the previous point, the law shall establish bases for the development of youth policies.
  3. The priority objectives of the youth policy shall be the development of young people’s personality, the creation of the conditions needed for their effective integration into working life, a love of free creativity and a sense of community service.
  4. Acting in cooperation with families, schools, businesses, residents’ organizations, cultural associations and foundations and cultural and recreational collectives, the state shall foster and support youth organisations in the pursuit of the said objectives, in addition to international youth exchanges.

Article 82. (The elderly)

  1. The elderly shall have the right to economic security, housing and a family and community life that respects their personal autonomy and prevents and overcomes isolation or social marginalisation.
  2. Policies for the elderly shall include economic, social and cultural measures that offer elderly people opportunities for personal fulfilment through active participation in community life.

Article 83. (Disabled citizens)

  1. Disabled citizens shall fully enjoy the rights and be subject to the duties enshrined in the Constitution, without prejudice to any restrictions on the exercise or fulfilment of rights and duties they are unable, or not fully able, to enjoy or carry out .
  2. The state shall adopt a national policy for the prevention of disability, the treatment, rehabilitation and integration of disabled citizens, the provision of support for their families and the removal of obstacles to mobility.
  3. The state shall adopt policies aimed at raising the awareness of society with regard to the duties of inclusion, respect and solidarity towards disabled citizens.
  4. The state shall foster and support special education and technical and vocational training for disabled citizens.

Article 84. (Ex-combatants and veterans of the nation)

  1. Combatants of the national independence struggle, the country’s veterans, those disabled during the course of military or paramilitary service and the minor children and surviving spouses of combatants killed in action, shall enjoy a special status and the protection of the state and society, under the terms of the Constitution and the law.
  2. The state shall be responsible for promoting policies to ensure the social, economic and cultural integration of the citizens referred to in the previous point, as well as protecting, honouring and preserving the historic achievements in which they played a leading role.

Article 85. (Right to housing and quality of life)

Every citizen shall have the right to housing and quality of life.

Article 86. (Communities abroad)

The state shall encourage associations for Angolans abroad and promote links with the country, as well as economic, social, cultural and patriotic ties and solidarity with Angolan communities based there or with communities who have a relationship with Angola based on origins, consanguinity, culture and history.

Article 87. (Historic, cultural and artistic heritage)

  1. Citizens and communities shall have the right to the respect, appreciation and preservation of their cultural, linguistic and artistic identity.
  2. The state shall promote and encourage the conservation and appreciation of the historic, cultural and artistic heritage of the Angolan people.

Article 88. (Duty to contribute)

It shall be the duty of all to contribute to public expenditure and society in proportion to their economic means and the benefits they enjoy, through taxes and charges based on a fair system of taxation, under the terms of the law.