Preamble TITLE I. The Human Person, Objectives and Duties of the State SOLE CHAPTER Article 1. Protection of the Person Article 2. Duties of the State TITLE II. Human Rights CHAPTER I. Individual Rights Article 3. [The] Right to Life Article 4. Freedom and Equality Article 5. [The] Freedom of Action Article 6. Legal Detention Article 7. Notification of the Cause of Detention Article 8. Rights of the Detained Article 9. Interrogation [Interrogatorio] of Those Detained or Imprisoned Article 10. Legal Detention Center Article 11. Detention for Faults [Faltas] or Infractions Article 12. Right to Defense Article 13. Motives for a Order [Auto] of Imprisonment Article 14. Presumption of Innocence and Publicity of the Process Article 15. Non-retroactivity of the Law Article 16. Declaration against Oneself and [against] Relatives Article 17. There Is No Offense or Penalty without a Prior Law Article 18. Death Penalty Article 19. Penitentiary System Article 20. Minors of Age Article 21. Sanctions for Public Functionaries or Employees Article 22. Penal and Police Records Article 23. Inviolability of the Home Article 24. Inviolability of Correspondence, Documents, and Books Article 25. Registry of Persons and Vehicles Article 26. Freedom of Movement [Locomoción] Article 27. Right of Asylum Article 28. Right of Petition Article 29. Free Access to Tribunals and Dependencies of the State Article 30. Publicity of the Administrative Acts Article 31. Access to Archives and State Registries Article 32. Objective of [the] Summons Article 33. Right of Assembly and Demonstration [Manifestación] Article 34. Right of Association Article 35. Freedom of Expression of Thought Article 36. Freedom of Religion Article 37. Juridical Personality of the Churches Article 38. Possession and Bearing of Arms Article 39. Private Property Article 40. Expropriation Article 41. Protection of the Right of Ownership Article 42. [The] Right of the Author or Inventor Article 43. Freedom of Industry, Trade, and Work Article 44. [The] Rights Inherent to the Human Person Article 45. Action Against Offenders [Infractores] and Legitimacy of Resistance Article 46. Preeminence of [the] International Law CHAPTER II. Social Rights FIRST SECTION. The Family Article 47. Protection of the Family Article 48. De facto Unions Article 49. Matrimony Article 50. Equality of the Children Article 51. Protection of [the] Minors and [of] the Elderly Article 52. Maternity Article 53. [The] Disabled [Minusválidos] Article 54. Adoption Article 55. Obligation to Provide Food Article 56. Actions Against Causes of Family Disintegration SECOND SECTION. Culture Article 57. Right to Culture Article 58. Cultural Identity Article 59. Protection and Research of the Culture Article 60. Cultural Heritage [Patrimonio] Article 61. Protection of the Cultural Heritage Article 62. Protection of Traditional Art, Folklore, and Handicrafts Article 63. Right to Creative Expression Article 64. Natural Heritage Article 65. Preservation and Promotion of Culture THIRD SECTION. Indigenous Communities Article 66. Protection of Ethnic Groups Article 67. Protection of the Indigenous Agricultural Lands and Cooperatives Article 68. Lands for Indigenous Communities Article 69. Transfer [Traslación] of Workers and their Protection Article 70. Specific Law FOURTH SECTION. Education Article 71. Right to Education Article 72. Objectives [Fines] of Education Article 73. Freedom of Education and the Economic Assistance of the State Article 74. Obligatory Education Article 75. Literacy Article 76. Educational System and Bilingual Education Article 77. Obligations of Business Owners Article 78. Teaching Faculty [Magisterio] Article 79. Agricultural Education Article 80. Promotion of the Science and the Technology Article 81. Titles and Diplomas FIFTH SECTION. Universities Article 82. Autonomy of the University of San Carlos de Guatemala Article 83. Government of the University of San Carlos de Guatemala Article 84. Budgetary Allocation for the University of San Carlos de Guatemala Article 85. Private Universities Article 86. Council of the Superior Private Education Article 87. Recognition of Degrees, Titles, Diplomas, and Incorporations Article 88. Tax Exemptions and Deductions Article 89. Granting of Degrees, Titles, and Diplomas Article 90. Professional Association [Colegiación] SIXTH SECTION. Sports Article 91. Budgetary Allocation for Sports Article 92. Autonomy of Sports SEVENTH SECTION. Health, Security, and Social Assistance Article 93. Right to Health Article 94. Obligation of the State, Regarding Health and Social Assistance Article 95. Health, [a] Public Asset Article 96. Quality Control of Products Article 97. [The] Environment and [the] Ecological Balance Article 98. Community Participation in Health Programs Article 99. Feeding and Nutrition Article 100. Social Security EIGHTH SECTION. Work Article 101. [The] Right to Work Article 102. Minimum Social Rights of Labor Legislation Article 103. Protection [Tutelaridad] of the Labor Laws Article 104. Right to Strike [Huelga] and to Work Stoppage [Paro] Article 105. Housing of the Workers Article 106. Irrenouncability of the Labor Rights NINTH SECTION. [The] Workers of the State Article 107. [The] Workers of the State Article 108. Regime of the Workers of the State Article 109. Payroll Workers Article 110. Indemnification Article 111. [The] Regime of Decentralized Entities Article 112. Prohibition of Performing [Desempeñar] More Than One Public Office Article 113. Right to Opt for Public Employment or Office Article 114. Revision to Retirement Article 115. Free Coverage by the Guatemalan Social Security Institute to Retirees Article 116. Regulation of the Strike for the Workers of the State Article 117. Option for the Passive Classes Regime TENTH SECTION. Economic and Social Regime Article 118. Principles of the Economic and Social Regime Article 119. [The] Obligations of the State Article 120. Intervention in [the] Enterprises that Provide Public Services Article 121. [The] Assets of the State Article 122. [The] Territorial Reserves of the State Article 123. Limitations in the Border Strips Article 124. Transfer [Enajenación] of National Property Article 125. Exploitation of Non-Renewable Natural Resources Article 126. Reforestation Article 127. Water Regime Article 128. Exploitation [Aprovechamiento] of Waters, Lakes, and Rivers Article 129. Electrification Article 130. Prohibition of Monopolies Article 131. Commercial Transportation Service Article 132. Currency Article 133. [The] Monetary Board Article 134. Decentralization and Autonomy CHAPTER III. Civic and Political Duties and Rights Article 135. Civic Duties and Rights Article 136. Political Duties and Rights Article 137. Right of Petition in Political Matters CHAPTER IV. Limitation to the Constitutional Rights Article 138. Limitation of Constitutional Rights Article 139. Law of Public Order and States of Exception TITLE III. The State CHAPTER I. The State and its Form of Government Article 140. [The] State of Guatemala Article 141. Sovereignty Article 142. Of the Sovereignty and the Territory Article 143. Official Language CHAPTER II. Nationality and Citizenship Article 144. Nationality of Origin Article 145. [The] Nationality of Central Americans Article 146. Naturalization Article 147. Citizenship Article 148. Suspension, Loss, and Recovery of Citizenship CHAPTER III. International Relations of the State Article 149. Of the International Relations Article 150. Of the Central American Community Article 151. Relations with Allied [afines] States TITLE IV. Public Power CHAPTER I. Exercise of the Public Power Article 152. Public Power Article 153. [The] Rule of Law [Imperio de la ley] Article 154. [The] Public Function; Subjection to the Law Article 155. [The] Responsibility for Violating the Law Article 156. Non-obligation of Force [No obligatoriedad] of Illegal Orders CHAPTER II. The Legislative Organ FIRST SECTION. [The] Congress Article 157. Legislative Power [Potestad] and the Composition [Integración] of the Congress of the Republic Article 158. Sessions of the Congress Article 159. Majority for Resolutions Article 160. Authorization to Deputies to Perform another Office Article 161. [The] Prerogatives of [the] Deputies Article 162. Requirements for the Office of Deputy Article 163. Directive Board [Junta Directiva] and Permanent Commission Article 164. Prohibitions and Compatibilities SECOND SECTION. Attributions of the Congress Article 165. Attributions Article 166. Interpellations to Ministers Article 167. Effects of the Interpellation Article 168. Assistance of Ministers, Officials, and Employees of the Congress Article 169. Call for Elections by the Congress Article 170. Specific Attributions Article 171. Other Attributions of the Congress Article 172. Qualified Majority Article 173. Consultation Procedure THIRD SECTION. Formation and Sanction of the Law Article 174. [The] Initiative of Law Article 175. Constitutional Hierarchy Article 176. Presentation and Discussion Article 177. Approval, Sanction, and Promulgation Article 178. Veto Article 179. Legislative Primacy Article 180. Validity Article 181. Dispositions of the Congress CHAPTER III. [The] Executive Organ FIRST SECTION. [The] President of the Republic Article 182. The Presidency of the Republic and the Composition of the Executive Organ Article 183. [The] Functions of the President of the Republic Article 184. Election of the President and [the] Vice-President of the Republic Article 185. Requirements to Opt for the Positions of President and Vice-President of the Republic Article 186. Prohibitions to Opt for the Offices of President or Vice-President of the Republic Article 187. Prohibition of Re-election Article 188. Convocation for Elections and Taking of Possession Article 189. Temporary or Absolute Absence [Falta] of the President of the Republic SECOND SECTION. [The] Vice-President of the Republic Article 190. [The] Vice-President of the Republic Article 191. [The] Functions of the Vice-President Article 192. Absence [falta] of the Vice President THIRD SECTION. [The] Ministers of State Article 193. [The] Ministries Article 194. Functions of the Minister Article 195. [The] Council of Ministers and their Responsibility Article 196. Requirements to be [a] Minister of State Article 197. Prohibitions to be Minister of State Article 198. Report [Memoria] of the Activities of the Ministries Article 199. Obligatory Appearance in Interpellations Article 200. Vice-Ministers of State Article 201. Responsibility of the Ministers and the Vice-Ministers Article 202. [The] Secretaries of the Presidency CHAPTER IV. [The] Judicial Organ FIRST SECTION. General Provisions Article 203. Independence of the Judicial Organ and the Power to Judge Article 204. Essential Conditions of the Administration of Justice Article 205. Guarantees of the Judicial Organ Article 206. Right of Preliminary Hearing [antejuicio] for Magistrates and Judges Article 207. Requirements to be a Magistrate or Judge Article 208. Period of Functions of the Magistrates and Judges Article 209. Appointment of Judges and Auxiliary Personnel Article 210. [The] Law of the Civil Service of the Judicial Organ Article 211. Instances in all Proceedings Article 212. Specific Jurisdiction of the Tribunals Article 213. Budget of the Judicial Organ SECOND SECTION. [The] Supreme Court of Justice Article 214. Composition [Integración] of the Supreme Court of Justice Article 215. Election of the Supreme Court of Justice Article 216. Requirements to be a Magistrate of the Supreme Court of Justice THIRD SECTION. [The] Court of Appeals and Other Tribunals Article 217. [The] Magistrates Article 218. Composition [Integración] of the Court of Appeals Article 219. [The] Military Tribunals Article 220. [The] Tribunals of Accounts Article 221. [The] Contentious-Administrative Tribunal Article 222. Substitute Magistrates TITLE V. Structure and Organization of the State CHAPTER I. Electoral Political Regime Article 223. Freedom in the Formation and Functioning of the Political Organizations CHAPTER II. Administrative Regime Article 224. Administrative Division Article 225. National Council of Urban and Rural Development Article 226. Regional Council of Urban and Rural Development Article 227. [The] Governors Article 228. Departmental Council Article 229. Financial Contribution of the Central Government to the Departments Article 230. General Registry of Property Article 231. [The] Metropolitan Region CHAPTER III. Regime of Control and Supervision [Fiscalización] Article 232. Office of the Comptroller General of Accounts [Contraloría] Article 233. Election of the Comptroller General of Accounts Article 234. Qualifications of the Comptroller General of Accounts Article 235. Faculties of the Comptroller General of Accounts Article 236. Legal Recourses CHAPTER IV. [The] Financial Regime Article 237. [The] General Budget of [the] Revenues and Expenditures of the State Article 238. [The] Organic Law of the Budget Article 239. Principle of Legality Article 240. [The] Source of [the] Investments and Expenditures of the State Article 241. [The] Rendering of [the] Accounts of the State Article 242. Fund of Guarantee Article 243. Principle of [the] Capacity [Capcidad] to Pay CHAPTER V. [The] Army Article 244. [The] Integration, Organization, and Objectives [Fines] of the Army Article 245. Prohibition of Illegal Armed Groups Article 246. Responsibilities [Cargos] and Attributions of the President in the Army Article 247. Requirements to be an Officer of the Army Article 248. Prohibitions Article 249. Cooperation of the Army Article 250. Legal Regime of the Armed Forces CHAPTER VI. The Public Ministry and the Office of the Procurator General of the Nation Article 251. The Public Ministry Article 252. The Office of the Procurator General of the Nation CHAPTER VII. [The] Municipal Regime Article 253. [The] Municipal Autonomy Article 254. [The] Municipal Government Article 255. [The] Economic Resources of the Municipality Article 256. Article 257. Allocation for the Municipalities Article 258. Right of [the] Mayors to [a] Preliminary Hearing Article 259. Court of Municipal Affairs Article 260. Privileges and Guarantees of [the] Municipal Assets [Bienes] Article 261. Prohibitions Against Exemption from Taxes or Municipal Assessments Article 262. [The] Law of [the] Municipal Service TITLE VI. Constitutional Guarantees and Defense of the Constitutional Order CHAPTER I. [The Recourse of] Personal Exhibition Article 263. [The] Right to [the recourse of] Personal Exhibition Article 264. Responsibilities of the Offenders [Infractores] CHAPTER II. The Recourse of] Amparo Article 265. [The] Proceeding of [the recourse of] Amparo CHAPTER III. [The] Unconstitutionality of the Laws Article 266. [The] Unconstitutionality of the Laws in Specific Cases Article 267. [The] Unconstitutionality of the Laws of General Character CHAPTER IV. [The] Court of Constitutionality Article 268. [The] Essential Function of the Court of Constitutionality Article 269. Integration of the Court of Constitutionality Article 270. Requirements of the Magistrates of the Court of Constitutionality Article 271. [The] Presidency of the Court of Constitutionality Article 272. Functions of the Court of Constitutionality CHAPTER V. [The] Commission and [the] Procurator of Human Rights Article 273. [The] Human Rights Commission and [the] Procurator of the Commission Article 274. [The] Procurator of Human Rights Article 275. Attributions of the Procurator of Human Rights CHAPTER VI. Law of [the Recourses of] Amparo, Personal Exhibition and Constitutionality Article 276. Constitutional Law in the Matter TITLE VII. Reforms to the Constitution SOLE CHAPTER. Reforms to the Constitution Article 277. Initiative Article 278. National Constituent Assembly Article 279. [The] Deputies to the National Constituent Assembly Article 280. Reforms by the Congress and [the] Popular Consultation Article 281. Articles Not Subject to Reform TITLE VIII. Transitory and Final Provisions SOLE CHAPTER. Transitory and Final Provisions Article 1. Law of the Civil Service of the Legislative Organ Article 2. Lower Level [Menores] Courts Article 3. Conservation of Nationality Article 4. De facto Government Article 5. General Elections Article 6. [The] Congress of the Republic Article 7. Dissolution of the National Constituent Assembly Article 8. [The] Presidency of the Republic Article 9. [The] Municipalities Article 10. [The] Supreme Court of Justice Article 11. [The] Executive Organ Article 12. [The] Budget Article 13. Allocation for [Improving] Literacy Article 14. National Committee for [Improving] Literacy Article 15. Integration of Petén Article 16. Decree-Laws Article 17. Financing to Political Parties Article 18. Revelation [Divulgación] of the Constitution Article 19. Belize [Belice] Article 20. Headings [epígrafes] Article 21. Effectiveness of the Constitution Article 22. Abrogation [Derogatoria] Article 23 Article 24 Article 25 Article 26 Article 27
Guatemala is a free, independent and sovereign State, organized to guarantee to its inhabitants the enjoyment of their rights and freedoms. Its system of government is republican, democratic, and representative.
[The] sovereignty is rooted in the people who delegate it, for its exercise, to the Legislative, Executive, and Judicial Organs. Subordination among them, is prohibited.
The State exercises full sovereignty, over [the following]:
The national territory integrated by its soil, subsoil, internal waters, [and] the territorial sea to the extent established by the law and the airspace extending over the same;
The zone contiguous to the sea adjacent to the territorial sea, for the exercise of specific [determinadas] activities recognized by the international law; and
The natural and living resources of the seabed and ocean subsoil and those existing in the waters adjacent to the coast outside of the territorial sea, which constitute the exclusive economic zone, to the extent established by the law, in accordance with international practice.
The official language of Guatemala, is Spanish. The vernacular languages, form part of the cultural heritage of the Nation.
Those born in the territory of the Republic of Guatemala, [on] Guatemalan vessels and aircraft[,] and the children of a Guatemalan father or mother, born abroad, are considered native Guatemalans of origin. The children of diplomatic officials and of those who perform legally comparable duties are excepted.
No native Guatemalan can be deprived of his [or her] nationality.
The nationals by birth of the republics that constituted the Federation of Central America, if they acquire domicile in Guatemala and manifest before the competent authority their wish to become Guatemalans, will also be considered Guatemalans of origin. In such case they can retain their nationality of origin, without prejudice to what is established in [the] Central American treaties or agreements.
Those who obtain their naturalization in accordance with the law are Guatemalans.
The naturalized Guatemalans, have the same rights as those of origin, except for the limitations established in this Constitution.
The Guatemalans who are 18 years of age are [considered] Guatemalan citizens. The citizens will not have more limitations, than those established by this Constitution and the law.
The citizenship is suspended, lost, and recovered in accordance with the provisions of the law.
Guatemala will establish norms for [normará] its relations with other States, in accordance with the international principles, rules, and practices with the purpose of contributing to the maintenance of the peace and the freedom, for the respect and defense of human rights, [and] the strengthening of the democratic processes and international institutions that guarantee the mutual and equitable benefit between the States.
Guatemala, as part of the Central American community, will maintain and cultivate relations of cooperation and solidarity with the other States that made up the Federation of Central America; shall adopt [the] adequate means to put into practice, in a partial or total form, the political or economic unity of Central America. The competent authorities are obligated to strengthen the economic integration of Central America on the basis of equity.
The State will maintain relations of friendship, solidarity and cooperation with those States, whose economic, social, and cultural development, are analogous to those of Guatemala, with the purpose of finding solutions [that are] appropriate to their common problems and to jointly formulate, policies tending to the progress of the respective nations.
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