TITLE II. THE STATE AND THE NATION
CHAPTER I. THE STATE, THE NATION, AND THE TERRITORY
Article 43
The Republic of Peru is democratic, social, independent, and sovereign.
The State is one and indivisible.
Its form of government is unitary, representative, and decentralized. It is organized pursuant to the principle of separation of powers.
Article 44
The fundamental duties of the State are to defend the national sovereignty, to guarantee full enjoyment of human rights, to protect the population from threats to their security, and to promote general welfare based on justice and the comprehensive and balanced development of the Nation.
It is also the duty of the State to establish and implement the border policy and to promote integration, in particular of Latin America, as well as the development and cohesiveness of border zones, in accordance with the foreign policy.
Article 45
The power of the State emanates from the people. Those who exercise it do so within the limitations and under the responsibilities set forth by the Constitution and the law.
No individual, organization, branch of the Armed Forces, National Police force, or group of people may arrogate to themselves the exercise of such power. To do so constitutes rebellion or sedition.
Article 46
No one owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law.
The civil population has the right to insurrection in defense of the constitutional order.
Acts of those who usurp public office are null and void.
Article 47
The defense of State interests is the responsibility of the State Attorneys in accordance with the law. The State is exempted from payment of judicial costs and expenses.
Article 48
The official languages of the State are Spanish and, wherever they predominate, Quechua, Aymara, and other native tongues, in accordance with the law.
Article 49
The capital of the Republic of Peru is the city of Lima. Its historical capital is the city of Cusco.
The symbols of the Nation are the flag with three vertical stripes in red, white, and red; the coat of arms, and the national hymn, as established by law.
Article 50
Within an independent and autonomous system, the State recognizes the Catholic Church as an important element in the historical, cultural, and moral formation of Peru, and lends the church its cooperation.
The State respects other denominations and may establish forms of collaboration with them.
Article 51
The Constitution prevails over any other legal rule, the laws over lower level provisions, and so on successively. Publication is essential to the enforcement of any legal rule of the State.
Article 52
All those born within the territory of the Republic are Peruvians by birth, as well as those born abroad of a Peruvian father or mother and duly registered, conforming to law.
Those who acquire the nationality by naturalization or choice are also Peruvians, as long as they maintain a residency in Peru.
Article 53
Ways of acquisition or recovery of nationality are determined by law.
Peruvian nationality cannot be lost, unless by express renunciation before a competent Peruvian authority.
Article 54
The territory of the Republic is inalienable and inviolable. It includes the soil, the subsoil, the maritime dominion, and the superjacent airspace.
The maritime dominion of the State includes the sea adjacent to its coasts, as well as the seabed and subsoil thereof, extending out to a distance of 200 nautical miles measured from the baselines established by law.
In its maritime dominion, the State exercises sovereignty and jurisdiction, without prejudice to the freedoms of international communication, in accordance with the law and treaties ratified by the State.
The State exercises sovereignty and jurisdiction over the airspace of its territory and its adjacent sea up to the limit of 200 miles, without prejudice to the freedoms of international communication, in conformity with the law and treaties ratified by the State.
CHAPTER II. TREATIES
Article 55
Treaties formalized by the State and in force are part of national law.
Article 56
Treaties must be approved by the Congress before their ratification by the President of the Republic, provided that they concern the following matters:
- Human rights.
- Sovereignty, dominion, or integrity of the State.
- National defense.
- Financial obligations of the State.
Treaties that create, modify, or eliminate taxes that require modification or repeal of any law, or that require legislative measures for their application, must also be approved by the Congress.
Article 57
The President of the Republic may formalize or ratify treaties or accede to them without previous approval by the Congress in matters not contemplated in the preceding article. In all such cases, the President must notify the Congress.
When a treaty affects constitutional provisions, it must be approved by the same procedure established to reform the Constitution prior to its ratification by the President of the Republic.
Denunciation of treaties is within the power of the President of the Republic, who has the duty to notify the Congress. In the case of treaties subject to approval by Congress, such denunciation requires its previous approval.
