Peru 1993 Constitution (reviewed 2021)

Preamble

The Democratic Constituent Congress invoking Almighty God, obeying the mandate of the Peruvian people, and remembering the sacrifice of all the preceding generations of our land, has resolved to enact the following Constitution:

TITLE I. THE PERSON AND THE SOCIETY

CHAPTER I. FUNDAMENTAL RIGHTS OF THE PERSON

Article 1

The defense of the human person and respect for his dignity are the supreme purpose of the society and the State.

Article 2

Every person has the right:

1. To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him.
2. To equality before the law. No person shall be discriminated against on the basis of origin, race, sex, language, religion, opinion, economic situation, or any other distinguishing feature.
3. To freedom of conscience and religion, in an individual or collective manner. No person shall be persecuted on a basis of his ideas or beliefs. There is no crime of opinion. Public exercise of any faith is free, insofar as it does not constitute an offense against morals, or a disturbance of the public order.
4. To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law.Crimes committed by means of books, the press, and any other social media are defined by the Criminal Code and tried in a court of law.

   Any action that suspends or closes down any organ of expression or prevents its free circulation constitutes a crime. The rights of information and opinion include those of founding means of communication.

5. To request, without statement of a cause, information he requires, and to receive it from any public entity within the legal term, at its respective cost.Exception is hereby made of information affecting personal privacy and that expressly excluded by the law or for reasons of national security.

   Bank secrecy and the confidentiality of tax filings may be lifted by the request of a judge, the Prosecutor General, or a congressional investigative committee, in accordance with the law and provided that such information refers to a case under investigation.

6. To the assurance that information services, whether computerized or not, whether public or private, will not provide information affecting personal and family privacy.
7. To his honor and reputation, to personal and family privacy, as well as to his own voice and image.Every person affected by inaccurate statements or injured in any social medium has the right to demand free, immediate, and proportionate rectification, other legal liabilities notwithstanding.
8. To freedom of intellectual, artistic, technical, and scientific creation, as well as to ownership of such creations and to any benefits derived from them. The State promotes access to culture and encourages its development and dissemination.
9. To the inviolability of his home. No one may enter a dwelling or conduct any investigation or search without authorization from the inhabitant or without a warrant, except in cases of in flagrante delicto or serious threat of the perpetration thereof. Exceptions for reasons of health or serious risk are governed by law.
10. To the secrecy and inviolability of private communications and documents.Communications, telecommunications, or any private correspondence may only be opened, seized, intercepted, or tapped by the authority of a warrant issued by a judge and with all the guarantees provided in the law. Any matter unrelated to the circumstances under examination shall be kept secret.

    Private documents obtained in violation of this provision have no legal effect.

    Books, receipts, and accounting and administrative documents are subject to inspection or audit by relevant authority in accordance with the law. Any action thus taken may not include removal or seizure, except by a court order.

11. To choose his place of residence, to move freely throughout the national territory, and to leave the country and return to it, except restrictions for reasons of health or due to a court order, or to the application of the Immigration Act.
12. To peaceful assembly without arms. Meetings on any premises, whether private or open to the public, do not require prior notification. Meetings held in squares and public thoroughfares require advance notification by the relevant authority, which may prohibit such meetings solely for proved reasons of safety or public health.
13. To associate and establish foundations and other forms of not-for-profit legal organizations without prior authorization, and in accordance with the law. These organizations may not be dissolved by administrative resolution.
14. To make contracts for lawful purposes, whenever they do not contravene laws of public order.
15. To work freely, in accordance with the law.
16. To property and inheritance.
17. To participate, individually or in association with others, in the political, economic, social, and cultural life of the Nation. Citizens, in accordance with the law, have the right to elect, remove or revoke public authorities, and to legislative initiative, and referendum.
18. To keep his political, philosophical, religious, or any other type of conviction private, as well as to keep professional secrets.
19. To his ethnic and cultural identity. The State recognizes and protects the ethnic and cultural diversity of the Nation.Every Peruvian has the right to use his own language before any authority by means of an interpreter. Foreigners enjoy the same right when summoned by any authority.
20. To submit petitions in writing, individually or collectively, before the competent authority, who is obliged to respond to the interested party also in writing within the legally prescribed term, under penalty of law.Members of the Armed Forces and the National Police may only exercise their right to petition in an individual manner.
21. To his nationality. No one may be stripped of it. Nor may any person be deprived of the right to obtain or renew his passport inside or outside the territory of the Republic.
22. To peace, tranquility, enjoyment of leisure time, and rest, as well as to a balanced and appropriate environment for the development of his life.
23. To self-defense.
24. To freedom and personal security. In consequence:
    1. No one is obliged to do what the law does not command, nor prevented from doing what the law does not prohibit.
    2. No restrictions whatsoever to personal freedom shall be permitted, except in cases provided by the law. Slavery, servitude, and traffic in human beings are prohibited in any form.
    3. There is no imprisonment for debts. This provision does not restrict court orders in the case of contempt regarding child support obligations.
    4. No one shall be prosecuted or convicted for any act or omission that, at the time of its commission, was not previously prescribed in the law expressly and unequivocally as a punishable violation, or did not constitute an offence penalized by law.
    5. Every person has the right to be presumed innocent until proven guilty.
    6. No one can be detained except by written and motivated order of the judge or by the police authorities in case of flagrante delicto. The detention shall not last longer than the time strictly necessary to carry out the investigations and, in any case, the detainee must be placed at the disposal of the corresponding court, within a maximum period of forty-eight hours or within the term of the distance.These time periods do not apply to cases of terrorism, espionage, illicit drug trafficking, and crimes committed by criminal organizations. In such cases, police authorities may make the preventive arrest of those allegedly involved, to last no more than fifteen calendar days. They shall notify the Office of the Prosecutor General and the judge, and the latter may assume jurisdiction before that period of time expires.
    7. No one may be held incommunicado, except where it is considered indispensable for the resolution of a crime and in the form and for the time provided by law. The authority is obliged by law to report, without delay and in writing, the place where the individual under arrest is detained.
    8. No one shall be a victim of moral, psychical, or physical violence, nor be subjected to torture or inhuman or humiliating treatment. Any individual may immediately request a medical examination for the injured person or someone who is unable to appeal to the authorities by himself. Statements obtained by means of violence are null and void. Whoever employs such violence shall be held liable.

Article 3

The enumeration of rights established in this chapter does not exclude others guaranteed by the Constitution, or others of similar nature or those based on the dignity of the human being, nor those based on the principles of sovereignty of the people, the democratic rule of law, or the republican form of government.

CHAPTER II. SOCIAL AND ECONOMIC RIGHTS

Article 4

The community and the State extend special protection to children, adolescents, mothers, and the elderly in situation of abandonment. They also protect the family and promote marriage, which are recognized as natural and fundamental institutions of society.

The form of marriage and the grounds for separation and dissolution are governed by law.

Article 5

The stable union between a man and a woman, free of any impediment to matrimony, who establishes a common-law marriage, creates community property subject to a marital assets regime, where applicable.

Article 6

The national population policy aims to spread and promote responsible parenthood. It recognizes the right of families and individuals to decide. In this spirit, the State guarantees suitable education and information programs and access to such means, provided they do not harm life or health.

It is the right and duty of parents to nourish, educate, and protect their children. Children have the duty to respect and aid their parents.

All children have the same rights and duties. Any mention of the civil status of parents or of the nature of their relationship to the children in civil records or any other identification documents is prohibited.

Article 7

Everyone has the right to protection of his health, his family environment, and his community, just as it is his duty to contribute to their development and defense. Any individual unable to care for himself due to physical or mental disability has the right to respect for his dignity and to a regime of protection, care, rehabilitation, and security.

Article 7-A

The State recognizes the right of everyone to have progressive and universal access to drinking water. The State guarantees this right by prioritizing human consumption over other uses.

The State promotes the sustainable management of water, which is recognized as an essential natural resource and as such, constitutes a public good and a patrimony of the Nation. Its domain is inalienable and imprescriptible.

Article 8

The State fights and punishes illicit drug trafficking. Likewise, it regulates the use of social drugs.

Article 9

The State determines the national health policy. The Executive branch sets standards for and oversees its enforcement, and it is responsible for drafting and directing it in a pluralistic, decentralizing manner to facilitate equal access for everyone to health services.

Article 10

The State recognizes the universal and progressive right of each person to social security for his protection from contingencies specified by law, and for the elevation of his quality of life.

Article 11

The State guarantees free access to health benefits and pensions through public, private, or joint agencies. It also oversees their efficient operation.

The law establishes the agency of the national government that manages the pensions systems under the charge of the State.

Article 12

Social security funds and reserves are intangible. Resources are applied in the manner and under the responsibilities set forth by law.

Article 13

The aim of education is the comprehensive development of the human being. The State recognizes and guarantees freedom of education. Parents have the duty to educate their children and the right to choose their schools and to participate in the educational process.

Article 14

Education promotes knowledge, learning, and practice of the humanities, science, technology, the arts, physical education, and sports. It prepares individuals for life and work and encourages solidarity.

The State promotes the scientific and technological development of the country.

Ethical and civic training and the teaching of the Constitution and human rights are mandatory in all civil and military educational processes. Religious education is provided in keeping with freedom of conscience.

Education is provided at all levels, in conformity with constitutional principles and the purposes of the relevant educational institution.

Communication media shall cooperate with the State in education and in moral and cultural formation.

Article 15

The teaching profession in public schools is a public service career. The law sets forth the requirements for serving as a principal or a teacher in a school, as well as his rights and obligations. The State and the society ensure their continuing evaluation, training, professionalization, and promotion.

The student is entitled to a type of education that respects his identity, as well as to proper psychological and physical treatment.

Any person or corporate entity has the right to promote and operate educational institutions, and to transfer the ownership of such institutions, in accordance with the law.

Article 16

Both the educational system and its governing regulations are decentralized.

The State coordinates the educational policy. It formulates the general guidelines of school curricula, as well as the minimum requirements for the organization of education centers. It oversees their compliance and the quality of education.

The State ensures that no one is prevented from receiving appropriate education on grounds of economic status, or mental or physical disabilities.

Education is a fundamental human right that guarantees the development of the person and society, which is why the State annually invests no less than 6% of GDP.

Article 17

Early childhood, primary, and secondary education are compulsory. In public schools, education is free. In public universities, the State guarantees the right to a free education to those students who maintain a satisfactory performance, and lack the economic resources needed to cover the cost of education.

In order to ensure the greatest number of educational offerings and to help those who cannot afford their own education, the law sets forth the method of subsidizing private education in any of its forms, including communal and cooperative education.

The State promotes the establishment of schools, wherever people may require them.

The State guarantees the eradication of illiteracy. It also encourages bilingual and intercultural education, in accordance with the particular characteristics of each area. It preserves the diverse cultural and linguistic manifestations throughout the country. It promotes national integration.

Article 18

The aim of university education is to support vocational training, the dissemination of culture, intellectual and artistic creativity, and scientific and technological research. The State guarantees academic freedom and rejects intellectual intolerance.

Universities are supported by public and private entities. The law sets the conditions for the authorization of their operation.

The university is a community consisting of faculty members, students, and alumni. Trustees of the university also participate in the community, in accordance with the law.

Every university is autonomous in its regulations, governance, and academic, administrative and financial regimes. Universities are governed by their own statutes within the framework of the Constitution and the law.

Article 19

Universities, colleges, and all other educational institutions established in accordance with the law enjoy exemption from all direct and indirect taxes levied on assets, activities, and services concerning their educational and cultural purposes. On the subject of import tariffs, a special arrangement for allocation of taxes may be established for specific assets.

Scholarships and grants for educational purposes shall be exempt from taxes and enjoy tax benefits in the manner and within the limits prescribed by law.

The law sets forth the tax provisions that will govern the above-mentioned institutions, as well as the requirements and conditions to be met by cultural centers that, by way of exception, may enjoy the same benefits.

For private educational institutions that generate revenues legally defined as profits, the income tax may be applied.

Article 20

Professional associations are autonomous institutions recognized by public law. The law determines those cases where membership in an association is mandatory.

Article 21

Archeological sites and remains, constructions, monuments, places, bibliographical documents and archival materials, art objects, and tokens of historical value, expressly declared cultural assets and those provisionally presumed to be so, are the cultural heritage of the Nation, irrespective of whether they are private or public property. They are protected by the State.

The law guarantees ownership of such cultural heritage.

In accordance with the law, private participation is encouraged in the preservation, restoration, exhibition, and dissemination of such objects, as well as their return to the country when illegally taken abroad.

Article 22

Work is a right and a duty. It is the foundation for social welfare and a means of self-realization.

Article 23

Work, in its diverse forms, is a matter of priority concern for the State, which provides special protection for working mothers, minors, and persons with disabilities.

The State promotes conditions for social and economic progress, in particular through policies aimed at encouraging productive employment and work education.

No working relation can limit the exercise of constitutional rights, nor disavow or disrespect the dignity of workers.

No one is obliged to work without pay or without his free consent.

Article 24

The worker is entitled to adequate and fair compensation that ensures both himself and his family material and spiritual well-being.

Payment of wages and social benefits for the worker takes priority over any other obligation of the employer.

Minimum wages are regulated by the State with participation of representative organizations of workers and employers.

Article 25

The normal workday is eight hours, or the normal workweek is forty-eight hours, at the longest. In the case of cumulative or atypical workdays, the average number of work hours during an equivalent period may not exceed that maximum.

Workers have the right to weekly and annual paid vacations. This benefit and compensation are regulated by law or agreement.

Article 26

The following principles must be respected in labor relationships:

1. Equal opportunity without discrimination.
2. Inalienability of the rights recognized by the Constitution and the law.
3. Interpretation in favor of the worker in cases of insurmountable doubt on the meaning of a regulation.

Article 27

The law grants the worker suitable protection against unfair dismissal.

Article 28

The State recognizes the right of workers to join trade unions, to engage in collective bargaining, and to strike. It ensures their democratic exercise by:

1. Guaranteeing freedom to form trade unions.
2. Encouraging collective bargaining and promoting peaceful settlement to labor disputes. Collective agreements are binding in the matters concerning their terms.
3. Regulating the right to strike so that it is exercised in harmony with the social interest. It defines exceptions and limitations.

Article 29

The State recognizes the right of workers to share in enterprise profits and promotes other forms of participation.

CHAPTER III. POLITICAL RIGHTS AND DUTIES

Article 30

All Peruvians above the age of eighteen are citizens. To exercise citizenship, they must be registered to vote.

Article 31

Citizens are entitled to take part in public affairs by means of referendum, legislative initiative, removal or revocation of authorities, and demands for accountability. They also have the right to be elected and to freely elect their representatives in accordance with the provisions and procedures set forth by the organic act.

It is a right and a duty of residents to participate in the municipal government of their jurisdiction. The law governs and promotes direct and indirect mechanisms of this participation.

Every citizen has the right to vote in the enjoyment of his civil capacity. To exercise this right, he is required to be properly registered.

Voting is personal, equal, free, secret, and compulsory up to the age of seventy years and optional after this age.

The law establishes the mechanisms to guarantee the neutrality of the State during elections and citizen participation processes.

Any act that prohibits or abridges the exercise of citizen rights shall be null and punishable.

Article 32

A referendum may be held on the following:

1. Partial or complete amendment of the Constitution.
2. Approval of binding rules.
3. Municipal ordinances.
4. Matters regarding the decentralization process.

Abolition or abridgement of the fundamental rights of the person may not be submitted to a referendum, neither may tax and budget rules nor international treaties in force.

Article 33

Exercise of citizenship may be suspended by:

1. Judicial interdiction.
2. Sentence of imprisonment.
3. Sentence of disqualification from political rights.

Article 34

Members of the Armed Forces and the National Police are entitled to vote and to citizen participation as governed by law. They may not be elected, participate in political activities or demonstrations, or engage in acts of proselytism while they are on active duty, in accordance with the law.

Article 34-A

Persons on whom a conviction issued in the first instance is rendered, as authors or accomplices, for the commission of intentional crime, are prevented from running for popularly elected positions.

Article 35

Citizens may exercise their rights individually or through political organizations, such as political parties, movements, or alliances, in accordance with the law. Such organizations contribute to the development and expression of the will of the people. Their entry in the proper register confers legal personhood upon such entities.

The law establishes provisions aimed at ensuring the democratic functioning of political organizations and transparency regarding the origin of their economic resources, as well as their verification, supervision, control and sanction.

The financing of political organizations can be public and private. It is governed by law according to criteria of transparency and accountability. Public financing promotes the participation and strengthening of political organizations under criteria of equality and proportionality. Private financing is carried out through the financial system with the corresponding exceptions, caps and restrictions. Illegal financing generates the respective administrative, civil and criminal sanction.

The dissemination of electoral propaganda in radio and television media is only authorized through indirect public financing.

Article 36

The State recognizes political asylum. It accepts the status of the asylee determined by the State granting asylum. In cases of expulsion, the asylee shall not be returned to the country whose government persecutes him.

Article 37

The Executive Branch is the sole competent authority for granting extradition following an opinion by the Supreme Court, in accordance with the law and treaties, and in compliance with the principle of reciprocity.

Extradition shall not be granted when it is determined that the request was motivated by persecution or punishment on grounds of religion, nationality, opinion, or race.

Those persecuted for political offenses or related acts are excluded from extradition. Genocide, assassination of a political figure, or crimes of terrorism are not considered as such.

Article 38

All Peruvians have the duty to honor Peru and to protect national interests, as well as to respect, obey, and defend the Constitution and the code of laws of the Nation.

CHAPTER IV. PUBLIC SERVICE

Article 39

All public officials and civil servants are in the service of the Nation. The President of the Republic is the highest official in the service of the Nation, followed by, in this order of importance: Congressmen, members of the Cabinet, members of the Constitutional Court and the Council of the Magistracy, Justices of the Supreme Court, the Prosecutor General of the Nation and the Ombudsman, in the same category, and the representatives of the decentralized agencies and Mayors, in accordance with the law.

Article 39-A

Persons on whom a conviction issued in the first instance is rendered, as authors or accomplices, for the commission of intentional crime, are prevented from exercising public function, by appointment to positions of trust.

Article 40

The law regulates the entry into the civil service, as well as the rights, duties, and responsibilities of public servants. Officials holding political posts and posts of trust are not included in the civil service. No official or civil servant may hold more than one remunerated office, with the exception of an additional teaching position.

By law, with the favorable vote of more than half of the legal number of congressmen, the exception of the previous paragraph is temporarily extended, for specialist medical or health care personnel, in the event of a health emergency.

Workers employed in state-owned enterprises or public and private joint-ventures are not included in the civil service.

Incomes received for any purpose by senior officials and other civil servants, as the law prescribes by virtue of their posts, must be published periodically in the official gazette.

Article 41

Officials and public servants whom the law specifies or who manage or handle State funds or funds of bodies financially supported by the State shall make a statement of property owned and of income upon assuming, holding, and leaving office. The corresponding publication is to be made in the official gazette under the terms and conditions prescribed by the law.

When there is presumption of illicit enrichment, the Prosecutor General shall, by complaint from third parties or by virtue of his office, bring charges before the court.

The law sets forth the responsibilities of officials and civil servants, as well as the duration of their ineligibility for public office.

The statute of limitations for criminal action is doubled in the case of crimes committed against the Public Administration or State assets, both for civil servants or public servants and for individuals. The criminal action is imprescriptible in the most serious cases, in accordance with the principle of legality.

Article 42

The rights of civil servants to unionize and strike are acknowledged by law. State officials with decision-making powers, those in posts of trust or of management, as well as members of the Armed Forces and the National Police are not included herein.