TITLE III. Basic Rights and Duties of the Citizen
CHAPTER I. The Nature of the Citizenship
Article 16
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The enjoyment, and the exercise of the civil and political rights constitute the quality of the citizen. The suspension or the loss of these rights is regulated by the law.
Article 16-1
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
Article 16-2
The age of majority is eighteen (18) years.
Article 17
All Haitians, regardless of sex or marital status, who have attained twenty-one years of age may exercise their political and civil rights if the meet the other conditions prescribed by the Constitution and by law.
Article 17-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
The principle of the quota of at least thirty percent (30%) of women is recognized at all levels of national life, notably in the public services.
Article 18
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Haitians shall be equal before the law, subject to the special advantages conferred on native-born Haitians who have never renounced their nationality.
CHAPTER II. Basic Rights
SECTION A. Right to Life and Health
Article 19
The State has the absolute obligation to guarantee the right to life, health, and respect of the human person for all citizens without distinction, in conformity with the Universal Declaration of the Rights of Man.
Article 20
The death penalty is abolished in all cases.
Article 21
The crime of high treason consists in bearing arms in a foreign army against the Republic, serving a foreign nation in a conflict with the Republic, in any official’s stealing state property, entrusted to his management, or any violation of the Constitution by those responsible for enforcing it.
Article 21-1
The crime of high treason is punishable by forced labor for life without commutation of sentence.
Article 22
The State recognizes the right of every citizen to decent housing, education, food and social security.
Article 23
The State has the obligation to ensure for all citizens in all territorial divisions appropriate means to ensure protection, maintenance and restoration of their health by establishing hospitals, health centers and dispensaries.
SECTION B. Individual Liberty
Article 24
Individual liberty is guaranteed and protected by the State.
Article 24-1
No one may be prosecuted, arrested or detained except in the cases determined by law and in the manner it prescribes.
Article 24-2
Except where the perpetrator of a crime is caught in the act, no one may be arrested or detained other than by written order of a legally competent official.
Article 24-3
For such an order to be carried out, the following requirements must be met:
- It must formally state the reason in Creole and in French for the arrest or detention and the provision of the law that provides for punishment of the act charged.
- Legal notice must be given and a copy of the order must be left with the accused at the time of its execution;
- The accursed must be notified of his right to be assisted by counsel at all phases of the investigation of the case up to the final judgment;
- Except where the perpetrator of a crime is caught in the act, no arrest by warrant and no search may take place between six (6) p.m. and six (6) a.m.
- Responsibility for an offense is personal, and no one may be arrested in the place of another.
Article 25
Any unnecessary force or restraint in the apprehension of a person or in keeping him under arrest, or any psychological pressure or physical brutality, especially during interrogation, is forbidden.
Article 25-1
No one may be interrogated without his attorney or a witness of his choice being present.
Article 26
No one may be kept under arrest more than forty-eight (48) hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a well-founded decision.
Article 26-1
In the case of a petty violation, the accursed shall be referred to a justice of the peace, who shall then hand down a final decision.
In the case for more serious offenses or crimes, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the competent civil court, who, on the basis of the oral statement of the prosecutor, shall rule on the legality of the arrest and detention, in a special session of the court, without postponement or rotation of judges, all other cases being suspended.
Article 26-2
If the arrest is judged to be illegal, the judge shall order the immediate release of the arrested person and that order shall be enforceable immediately, regardless of any appeal to a higher court or the supreme court for an order forbidding enforcement of the judgment.
Article 27
Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the body to which they belong.
Article 27-1
Government officials and employees are directly liable under civil and administrative criminal law for acts carried out in violation of rights. In such cases, civil liability extends to the State as well.
SECTION C. Freedom of Expression
Article 28
Every Haitian has the right to express his opinions freely on any matter by any means he chooses.
Article 28-1
Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war.
Article 28-2
Journalists may not be compelled to reveal their sources. However, it is their duty to verify the authenticity and accuracy of information. It is also this obligation to respect the ethics of their profession.
Article 28-3
All offenses involving the press and abuses of the right of expression come under the code of criminal law.
Article 29
The right of petition is recognized. It is exercised personally by one or more citizens but never in the name of a body.
Article 29-1
[Abrogated by the Constitutional Law of 9 May 2011 / 19 June 2012]
SECTION D. Freedom of Conscience
Article 30
All religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order.
Article 30-1
No one may be compelled to belong to a religious organization or to follow a religious teaching contrary to his convictions.
Article 30-2
The law establishes the conditions for recognition and practice of religions and faiths.
SECTION E. Freedom of Assembly and Association
Article 31
Freedom of unarmed assembly and association for political, economic, social, cultural or any other peaceful purposes is guaranteed.
Article 31-1
Political parties and groups shall compete with each other in the exercise of suffrage. They may be established and may carry out their activities freely. They must respect the principles of national and democratic sovereignty. The law determines the conditions for their recognition and operation, and the advantages and privileges reserved to them.
Article 31-1-1
[Inserted by the Constitutional Law of 9 May 2011 / 19 June 2012]
Any law concerning the Political Parties must reserve in its structures and in its mechanisms of functioning a treatment in conformity with the principle of the quota of at least thirty percent (30%) of women as expressed in Article 17-1.
Article 31-2
The police authorities must be notified in advance of assemblies outdoors in public places.
Article 31-3
No one may be compelled to join any association of any kind.
SECTION F. Education and Teaching
Article 32
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State guarantees the right to education. Instruction is free to all the degrees. This freedom is exercised under the control of the State.
Article 32-1
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Education is a responsibility of the State and of the territorial collectivities. They must place school freely within the reach of all, and see to the level of training of the teachers of the public and non-public sectors.
Article 32-2
The first responsibility of the State and its territorial divisions is education of the masses, which is the only way the country can be developed. The State shall encourage and facilitate private enterprise in this field.
Article 32-3
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Fundamental education is obligatory. The classical necessities and didactic materials shall be placed freely by the State at the disposition of the students at the level of fundamental education.
Article 32-4
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Agricultural, vocational and technical education is a responsibility taken by the State and the territorial collectivities.
Article 32-5
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
Preschool and maternal instruction will be a responsibility taken by the State and the territorial collectivities.
Article 32-6
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The access to superior studies is open, in full equality, to all.
Article 32-7
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State must see to it that each territorial collectivity is endowed with establishments adapted to the needs of its development.
Article 32-8
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State guarantees to persons with special needs the protection, the education and any other means necessary for their full enjoyment and for their integration or reintegration into society.
Article 32-9
[Amended by the Constitutional Law of 9 May 2011 / 19 June 2012]
The State and the territorial collectivities have as a duty to make all the provisions necessary with a view to intensify the campaign of literacy of the masses. They encourage all private initiatives directed to this end.
Article 32-10
Teachers are entitled to a fair salary.
Article 33
There shall be freedom of education at all levels. This freedom shall be exercised under the control of the State.
Article 34
Except where perpetrators of crimes are caught in the act, the premises of educational establishments are inviolable. No police forces may enter them except with the permission of the supervisors of those establishments.
Article 34-1
This provision does not apply when an educational establishment is used for the purposes.
SECTION G. Freedom to Work
Article 35
Freedom to work is guaranteed; every citizen has the obligation to engage in work of his choice to meet his own and his family’s needs, and to cooperate with the State in the establishment of a social security system.
Article 35-1
Every employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus.
Article 35-2
The State guarantees workers equal working conditions and wages regardless of their sex, beliefs, opinions and marital status.
Article 35-3
Trade union freedom is guaranteed. any worker in the public or private sector may join a union representing his particular occupation solely to protect his work interests.
Article 35-4
Unions are essentially nonpolitical, nonprofit, and nondenominational. No one may be forced to join a union.
Article 35-5
The right to strike is recognized under the limits set by law.
Article 35-6
The minimum age for gainful employment is set by law. Special laws govern the work of minors and servants.
SECTION H. Property
Article 36
Private property is recognized and guaranteed. The law specifies the manner of acquiring and enjoying it, and the limits placed upon it.
Article 36-1
Expropriation for a public purpose may be effected only by payment or deposit ordered by a court in favor of the person entitled thereto, of fair compensation established in advance by an expert evaluation.
If the initial project is abandoned, the expropriation is canceled. The property may not be subject to any speculation and must be restored to its original owner without any reimbursement for the small holder. The expropriation measure is effective upon the startup of the project.
Article 36-2
Nationalization and confiscation of goods, property and buildings for political reasons are forbidden.
No one may be deprived of his legitimate right of ownership other than by a final judgment by a court of ordinary law, except under an agrarian reform.
Article 36-3
Ownership also entails obligations. Uses of property cannot be contrary to the general interest.
Article 36-4
Landowners must cultivate, work, and protect their land, particularly against erosion. The penalty for failure to fulfill this obligation shall be prescribed by law.
Article 36-5
The right to own property does not extend to the coasts, springs, rivers, water courses, mines and quarries. They are part of the State’s public domain.
Article 36-6
The law shall establish regulations governing freedom to prospect for and work mines, or bearing earths, and quarries, ensuring an equal share of the profits of such exploitation to the owner of the land and to the Haitian State or its concessionnaires.
Article 37
The law shall set conditions for land division and aggregation in terms of a territorial management plan and the well-being of the communities concerned, within the framework of agrarian reform.
Article 38
Scientific, literary and artistic property is protected by law.
Article 39
The inhabitants of the Communal Sections have the right of preemption for the exploitation of the State’s land in the private domain located in their locality.
SECTION I. Right to Information
Article 40
The State has the obligation to publicize in the oral, written and televised press in the Creole and French languages all laws, orders, decrees, international agreements, treaties, and conventions on everything affecting the national life, except for information concerning national security.
SECTION J. Right to Security
Article 41
No person of Haitian nationality may be deported or forced to leave the national territory for any reason. No one may be deprived for political reasons of his legal capacity and his nationality.
Article 41-1
No Haitian needs a visa to leave or return to the country.
Article 42
No citizen, whether civilian or military, may be denied access to the courts open to him under the Constitution and the laws.
Article 42-1
Military personnel accused of the crime of high treason against the country shall be tried in a court of ordinary law.
Article 42-2
Military courts have jurisdiction only:
- in the case of violation by military personnel of regulations in the Manual of Military Justice;
- in the case of conflicts between members of the armed forces;
- in the case of war.
Article 42-3
Cases of conflicts between civilians and military personnel, abuses, violence and crimes perpetrated against a civilian by a member of the military in the performance of his duties are under the jurisdiction of courts for ordinary law.
Article 43
No house search or seizure of papers may take place except under the terms of the law and in the manner prescribed by it.
Article 44
Persons detained temporarily awaiting trial must be held separately from those who are serving sentence.
Article 44-1
Prisons must be operated in accordance with standards reflecting respect for human dignity according to the law on this subject.
Article 45
No penalty may be established except by law nor applied except in cases that the law determines.
Article 46
No own may be compelled in cases of crimes, minor offenses, or petty violations to bear witness against himself or his relatives up to the fourth degree of consanguinity or the second degree of affinity.
Article 47
No one may be compelled to take an oath except in the cases and in the manner provided for by law.
Article 48
The State shall see to it that a Civil Pension Retirement Fund is established in the public and private sectors. The fund shall receive contributions from employers and employees, in accordance with the criteria and in the manner established by law. The granting of a pension is a right and not a privilege.
Article 49
Freedom and privacy of correspondence and any other forms of communication are inviolable. They may be limited only by a well-founded judicial ruling, according to the guarantees by law.
Article 50
Under the Constitution and the law, a jury is established in criminal cases for violent crimes and political offenses.
Article 51
The law may not be made retroactive except in criminal cases when it favors the accused.
CHAPTER III. Duties of the Citizen
Article 52
Citizenship entails civic duties. Every right is counterbalanced by a corresponding duty.
Article 52-1
Civic duties are the citizen’s moral, political, social and economic obligations as a whole to the State and the country. These obligations are:
- to respect the Constitution and the national emblem;
- to respect the laws;
- to vote in elections without constraint;
- to pay his taxes;
- to serve on a jury;
- to defend the country in the event of war;
- to educate and improve himself;
- to respect and protect the environment;
- to respect scrupulously the revenues and properties of the State;
- to respect the property of others;
- to work to maintain peace;
- to provide assistance to persons in danger;
- to respect the rights and freedom of others.
Article 52-2
Failure to abide by these provisions shall be punishable by law.
Article 52-3
Compulsory civic service for both sexes is established. The terms thereof shall be set by law.
