Constitution

Cambodia 1993 Constitution (reviewed 2008)

Table of Contents

Chapter III. The Rights and Obligations of Khmer Citizens

Article 31

The Kingdom of Cambodia recognizes and respects human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights and the covenants and conventions related to human rights, women’s rights and children’s rights.

Khmer citizens shall be equal before the law, enjoying the same rights and freedom and obligations regardless of race, color, sex, language, religious belief, political tendency, national origin, social status, wealth or other status. The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and freedom shall be in accordance with the law.

Article 32

Everybody shall have the rights to life, freedom, and personal security.

Capital punishment is prohibited.

Article 33

Khmer citizens shall not be deprived of their nationality, or exiled, or arrested and deported to any foreign country, unless there is a mutual agreement.

Khmer citizens residing abroad shall be protected by the State.

The acquisition of Khmer nationality shall be determined by law.

Article 34

Khmer citizens of either sex shall enjoy the rights to vote and to stand as candidates for an election.

Khmer citizens of either sex who are at least eighteen years old shall have the rights to vote.

Khmer citizens of either sex who are at least twenty-five years old shall have the rights to stand as candidates for the National Assembly elections.

Khmer citizens of either sex who are at least forty years old shall have the rights to stand as candidates for the Senate elections.

Restrictions on the rights to vote and the rights to stand as candidates in elections shall be determined by an electoral law.

Article 35

Khmer citizens of either sex shall have the rights to participate actively in the political, economic, social and cultural life of the nation.

All requests from citizens shall be thoroughly considered and resolved by institutions of the state.

Article 36

Khmer citizens of either sex shall enjoy the rights to choose any employment according their ability and to the needs of the society.

Khmer citizens of either sex shall receive equal pay for the same work.

Housework shall have the same value as work outside the home.

Khmer citizens of either sex shall have the rights to obtain social security and other social benefits as determined by law.

Khmer citizens of either sex shall have the rights to form and to be members of trade unions.

The organization and functioning of trade unions shall be determined by law.

Article 37

The rights to strike and to organize peaceful demonstrations shall be implemented and exercised within the framework of law.

Article 38

The law prohibits all physical abuse of any individual.

The law protects the life, honor and dignity of citizens.

No person shall be accused, arrested, or detained except in accordance with the law.

The coercion, physical ill-treatment or any other mistreatment which imposes additional punishment on a detainee or prisoner is prohibited. Persons who commit, participate in or conspire in such acts shall be punished according to the law.

Confessions obtained by physical or mental force shall not be admissible as evidence of guilt.

The accused shall have the benefit of any reasonable doubt.

Any accused shall be presumed to be innocent until they are finally convicted by the court.

Everybody shall have the rights to defend him/herself through the judicial system.

Article 39

Khmer citizens have the rights to denounce, make complaints, or claim for compensation for damages caused by any breach of the law by institutions of the state, social organizations or by members of such organizations. The settlement of complaints and claims for compensation for damages is the responsibility of the courts.

Article 40

The freedom of citizens to travel near and far and their rights to legal settlement shall be respected.

Khmer citizens shall have the rights to settle abroad or return.

The rights to privacy of residence, and to the confidentiality of correspondence by mail, telegram, fax, telex and telephone, shall be guaranteed.

Any search of a house, personal property or a person shall be in accordance with the law.

Article 41

Khmer citizens shall have freedom of expression of their ideas, freedom of information, freedom of publication and freedom of assembly. No one shall exercise these rights to infringe upon the honor of others, or to affect the good customs of society, public order and national security.

The regime of the media shall be determined by law.

Article 42

Khmer Citizens have the rights to establish associations and political parties. These rights shall be determined by law.

Khmer citizens may take part in mass organizations to work together to protect national achievement and social order.

Article 43

Khmer citizens of either sex shall have the rights to freedom of belief.

Freedom of belief and religious worship shall be guaranteed by the State on the condition that such freedom does not affect other beliefs and religions or violate public order and security.

Buddhism shall be the religion of the State.

Article 44

All persons, individually or collectively, shall have the rights to own property. Only natural persons or legal entities of Khmer nationality shall have the rights to own land.

Legal private ownership shall be protected by law.

Expropriation of ownership from any person shall be exercised only in the public interest as provided for by law and shall require fair and just compensation in advance.

Article 45

All forms of discrimination against women shall be abolished.

The exploitation of women in employment is prohibited.

Men and women are equal in all fields especially with respect to marriage and family matters.

Marriage shall be conducted according to law, based on the principle of mutual consent between one husband and one wife.

Article 46

Trading human beings, the exploitation of prostitution and obscenity, which affect the reputation of women, shall be prohibited.

The termination of a woman’s employment because of her pregnancy is prohibited. Women shall have the rights to take maternity leave with full pay and with no loss of seniority or other social benefits.

The State and society shall provide opportunities to women, especially for those living in rural areas without adequate social support, so that they can obtain employment and medical care, send their children to school and have decent living conditions.

Article 47

Parents shall have the duty to take care of and educate their children to become good citizens.

Children shall have the duty to take good care of their elderly parents according to Khmer customs.

Article 48

The State shall protect the rights of children as stipulated in the Convention on Children, in particular, the rights to life, education, protection during wartime, and protection from economic or sexual exploitation.

The State shall protect children from any forms of labor that are injurious to their educational opportunities, health and welfare.

Article 49

Every Khmer citizen shall respect the Constitution and the laws.

Every Khmer citizen has a duty to take part in national reconstruction and to defend the motherland. The duty to defend the motherland shall be exercised in accordance with law.

Article 50

Khmer citizens of either sex shall respect the principles of national sovereignty and liberal multi-party democracy.

Khmer citizens of either sex shall respect public property and legally acquired private property.

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