Constitution

Guinea 2010 Constitution

Table of Contents

TITLE II. OF THE FUNDAMENTAL FREEDOMS, DUTIES AND RIGHTS

Article 5

The human person and their dignity are sacred. The State has the duty to respect them and to protect them. The rights and freedoms enumerated hereafter are inviolable, inalienable and imprescriptible.

They found all human society and guarantee peace and justice in the world.

Article 6

The human being has [the] right to the free development of his personality. He has [the] right to life and to physical and moral integrity; no one may be subjected to torture, to pain [peines] or to cruel, inhuman or degrading treatments.

No one is required to execute a manifestly illegal order.

The law determines the order manifestly illegal.

No one may take advantage [se prévaloir] of a received order or of an instruction to justify acts of torture, abuse [sévices] or cruel, inhuman or degrading treatments committed in the exercise or on the occasion of the exercise of their functions.

No situation of exception or of emergency should [ne doit] justify the violations of human rights.

Article 7

Each one is free to believe, to think and to profess their religious faith, their political and philosophical opinions.

They are free to express, to manifest and to diffuse their ideas and opinions by words [par la parole], in writing and by images.

They are free to instruct [s’instruire] and to inform themselves at the sources accessible to everybody.

The freedom of the Press is guaranteed and protected. The creation of an organ of [the] press or of [the] media for political, economical, social, cultural, sports, recreational or scientific information is free.

The right of access to public information is guaranteed to the citizen.

A law establishes the conditions of [the] exercise of these rights, the regime and the conditions of creation of the press and of the media.

Article 8

All human beings are equal before the law. Men and women have the same rights.

No one may be privileged or disadvantaged by virtue of [en raison de] their sex, of their birth, of their race, of their ethnicity, of their language, of their beliefs and of their political, philosophical or religious opinions.

Article 9

No one may be arrested, detained or condemned except by virtue of a law promulgated prior to the acts alleged against them, for the motives and in the forms specified by the law.

All have the imprescriptible right to address themselves to the judge to defend [faire valoir] their rights before the State and its agents [préposés].

Any person accused of a delinquent act is presumed innocent until their culpability has been legally established in the course of a procedure accordingly to the law.

All have right to a just and equitable process, in which the right to defend themselves [se defendre] is guaranteed.

The right to the assistance of a Lawyer [Avocat] is recognized from the instant of the interpellation or of the detention.

The law establishes the penalties necessary and proportional to the faults that can justify them.

Article 10

All citizens have the right of demonstration [manifestation] and of procession [cortège].

All citizens have the right to form associations and societies [sociétés] to exercise collectively their rights and their political, economic, social or cultural activities.

All citizens have the right to establish themselves and to circulate within the territory of the Republic, to enter in it [y] and to exit from it [y] freely.

Article 11

Whoever is persecuted by virtue of their political, philosophical or religious opinions, of their race, of their ethnicity, of their intellectual, scientific or cultural activities, for the defense of freedom has the right to asylum on the territory of the Republic.

Article 12

The domicile is inviolable.

It may be infringed only in the case of grave and imminent peril, to evade [parer] a common danger or to protect the life of the persons. All other infringement, all search may only be ordered by the judge or by the authority that the law designates and in the forms prescribed by it.

The secrecy of correspondence and of communication is inviolable. Each one has the right to the protection of their private life.

Article 13

The right to property is guaranteed. None may be expropriated if it is not in the interest legally declared of all and under reserve of a fair and prior indemnification.

Article 14

The free exercise of worship [culte] is guaranteed, under reserve of the respect for the law and the public order. The religious institutions and communities are created and administered freely.

Article 15

Each one has the right to health and to the physical well-being. The State has the duty to promote them, to fight against the epidemics and the social calamities [fléaux].

Article 16

Every person has the right to a healthy and lasting environment and the duty to defend it. The State sees to the protection of the environment.

Article 17

The transit, the importation, the storage, the dumping on the national territory of toxic waste or pollutants, and all agreements relative to the matter [y] constitute a crime against the Nation. The applicable sanctions are specified by the law.

Article 18

Marriage and family, which constitute the natural foundation of life in society, are protected and promoted by the State. Parents have the right and duty to assure the education and the physique and moral health of their children. Children owe care [soin] and assistance to their parents.

Article 19

Youth must be particularly protected by the State and the collectivities against exploitation and moral abandonment, sexual abuse, child trafficking and human commerce [traite].

The elderly persons and the handicapped persons have [the] right to the assistance and the protection of the State, the collectivities and the society.

The law establishes the conditions of assistance and of protection to which the elderly persons and the handicapped persons have right.

Article 20

The right to work is recognized to all. The State creates the conditions necessary for the exercise of this right.

No one may be prejudiced [lésé] in their work by virtue of their gender, of their race, of their ethnicity, of their opinions or of any other cause of discrimination.

Each one has the right to affiliate [adhérer] with the union of their choice and to defend their rights through union action. Each worker has the right to participate, by the intermediate of their delegates, to the determination of the conditions of work

The right to strike is recognized. It is exercised within the framework of the laws that govern [régisents] it. It may not in any case infringe the freedom of work.

The law establishes the conditions for the assistance and the protection to which the workers have right.

Article 21

The People of Guinea determine freely and sovereignly their Institutions and the economic and social organization of the Nation.

They have an inprescriptible right to its wealth. This must profit in an equitable manner all Guineans.

They have [the] right to the preservation of their patrimony, of their culture and of their environment.

They have the right to resist oppression.

Article 22

Each citizen has the duty to conform himself to the Constitution, to the laws and to the regulations.

Each citizen has the duty to participate in the elections, to promote tolerance, the values of democracy, to be loyal to [envers] the Nation.

Each citizen has the duty to respect the human person and the opinions of others.

Each citizen must contribute, to the extent of their means, to taxes and must fulfill their social obligations for the common good within the conditions determined by the law. Each citizen has the sacred duty of defending the Homeland [Patrie].

The public assets are sacred and inviolable. Every person must respect them scrupulously and protect them. Every act of sabotage, of vandalism, of diversion, of dilapidation, or of illicit enrichment is punished by the law.

Article 23

The State must promote the well-being of the citizens, to protect and to defend the rights of the human person and the defenders of human rights.

It sees to the pluralism of the opinions and of the sources of information.

It assures the security of each one and sees to the maintenance of the public order.

It assures the continuity of the Institutions and of the public services, within the respect for the Constitution.

It guarantees the equal access to public employment.

It favors the unity of the Nation and of Africa.

It cooperates with the other States to consolidate their independence, the peace, mutual respect and the amity among the Peoples.

It assures the teaching [enseignement] of youth which is obligatory.

It creates the conditions and the institutions allowing all to form themselves [se former].

Article 24

The law guarantees to all the exercise of the fundamental freedoms and rights. It determines the conditions in which they are exercised.

It may only establish[,] concerning these freedoms and these rights, those limits that are indispensable to maintain the public order and democracy.

The groups whose purpose or activity is contrary to the laws or that manifestly trouble the public order may be dissolved.

Article 25

The State has the duty to assure the diffusion and the teaching of the Constitution, of the Universal Declaration of the Rights of Man of 1948, of the African Charter of the Rights of Man and of Peoples of 1981 as well as of all international instruments duly ratified relative to Human Rights.

The State must integrate the rights of the human person in the programs of literacy [alphabétisation] and of teaching in the different schooling and university cycles and in all the programs of training of the armed forces, the forces of public security and similar forces.

The State must equally assure in the national languages by all means of mass communication, in particular by radio and television, the diffusion and the teaching of these same rights.

Article 26

Whoever occupies a public office [emplois] or exercises a public function is accountable for their activity and must respect the principle of neutrality of the public service. They must not use their functions for other ends than the interest of all.