CHAPTER IV. HUMAN RIGHTS AND FREEDOMS
Section One. Rights and freedoms
Article 12. Right to life
Everyone has the right to life.
No one shall be arbitrarily deprived of life.
Article 13. Inviolability of a human being
A human being is sacred and inviolable.
The State has an obligation to respect, protect and defend the human being.
Article 14. Right to physical and mental integrity
Everyone has the right to physical and mental integrity.
No one shall be subjected to torture or physical abuse, or cruel, inhuman or degrading treatment.
No one shall be subjected to experimentation without his or her informed consent.
Modalities of the consent and experiments are determined by law.
Article 15. Equality before the law
All persons are equal before the law. They are entitled to equal protection of the law.
Article 16. Protection from discrimination
All Rwandans are born and remain equal in rights and freedoms.
Discrimination of any kind or its propaganda based on, inter alia, ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, physical or mental disability or any other form of discrimination are prohibited and punishable by law.
Article 17. Right to marry and found a family
The right to marry and found a family is guaranteed by the law.
A civil monogamous marriage between a man and a woman is the only recognised marital union.
However, a monogamous marriage between a man and a woman contracted outside Rwanda in accordance with the law of the country of celebration of that marriage is recognised.
No one can be married without his or her free and full consent.
Spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce.
A law determines conditions, formalities and consequences of marriage.
Article 18. Protection of the family
The family, being the natural foundation of the Rwandan society, is protected by the State.
Both parents have the right and responsibility to raise their children.
The State puts in place appropriate legislation and organs for the protection of the family, particularly the child and mother, in order to ensure that the family flourishes.
Article 19. Child’s right to protection
Every child has the right to specific mechanisms of protection by his or her family, other Rwandans and the State, depending on his or her age and living conditions, as provided for by national and international law.
Article 20. Right to education
Every Rwandan has the right to education.
Freedom of learning and teaching is guaranteed in accordance with conditions determined by law.
Primary education is compulsory and free in public schools.
Conditions for free primary education in schools subsidised by the Government are determined by law.
A law also determines the organisation of education.
Article 21. Right to good health
All Rwandans have the right to good health.
Article 22. Right to a clean environment
Everyone has the right to to live in a clean and healthy environment.
Article 23. Respect for privacy of a person and of family
The privacy of a person, his or her family, home or correspondence shall not be subjected to interference in a manner inconsistent with the law; the person’s honour and dignity shall be respected.
A person’s home is inviolable. No search or entry into a home shall be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by the law.
Confidentiality of correspondence and communication shall not be waived except in circumstances and in accordance with procedures determined by the law.
Article 24. Right to liberty and security of person
A person’s liberty and security are guaranteed by the State.
No one shall be subjected to prosecution, arrest, detention or punishment unless provided for by laws in force at the time the offence was committed.
No one shall be subjected to security measures except as provided for by law and for reasons of public order or State security.
Article 25. Right to a country and nationality
Every Rwandan has the right to his or her country. No Rwandan can be banished from his or her country.
Every Rwandan has the right to Rwandan nationality.
Dual nationality is permitted.
No one can be deprived of Rwandan nationality of origin.
All persons of Rwandan origin and their descendants are, upon request, entitled to Rwandan nationality.
An organic law governs Rwandan nationality.
Article 26. Right to freedom of movement and residence
Every Rwandan has the right to move freely and to reside anywhere in Rwanda.
Every Rwandan has the right to leave Rwanda and to return.
These rights may only be restricted by law for reasons of public order and of national security, in order to avert a public threat or to protect persons in danger.
Article 27. Right to participate in Government and public services
All Rwandans have the right to participate in the Government of the country, either directly or through their freely chosen representatives, in accordance with the law.
All Rwandans have the right of equal access to the public service in accordance with their competence and abilities.
Article 28. Right to seek asylum
The right to seek asylum is recognised under conditions determined by law.
Article 29. Right to due process of law
Everyone has the right to due process of law, which includes the right:
- to be informed of the nature and cause of charges and the right to defence and legal representation;
- to be presumed innocent until proved guilty by a competent Court;
- to appear before a competent Court;
- not to be subjected to prosecution, arrest, detention or punishment on account of any act or omission which did not constitute an offence under national or international law at the time it was committed. Offences and their penalties are determined by law;
- not to be held liable for an offence he or she did not commit. Criminal liability is personal;
- not to be punished for an offence with a penalty that is severer than the penalty provided for by the law at the time that offence was committed;
- not to be imprisoned merely on the ground of inability to fulfil a contractual obligation;
- not to be prosecuted or punished for a crime which has reached its statute of limitations. However, the crime of genocide, crimes against humanity and war crimes are not subject to statute of limitations. A law may determine other crimes which are not subject to statute of limitations.
Rwanda cannot extradite any Rwandan to another country.
Extradition of foreigners is authorised only if it is in accordance with the law or international agreements to which Rwanda is a party.
Article 30. Right to free choice of employment
Everyone has the right to free choice of employment.
All individuals, without any form of discrimination, have the right to equal pay for equal work.
Article 31. Right to form trade unions and employers’associations
The right to form trade unions for the defence and promotion of legitimate professional interests is recognised.
Every worker may defend his or her rights through a trade union in accordance with the law.
Every employer has the right to join an employers association.
Article 32. Right to collective bargaining
Trade unions and employers associations have the right to engage in collective bargaining and may enter into general or specific agreements regulating their working relations. Modalities for making these agreements are determined by law.
Article 33. Right to strike
The right of workers to strike is permitted and is exercised within the limits provided for by the law. This right shall not be exercised in a manner that infringes upon somebody else’s freedom at work, which is guaranteed to everyone.
Article 34. Right to private property
Everyone has the right to private property, whether individually or collectively owned.
Private property, whether owned individually or collectively, is inviolable.
The right to property shall not be encroached upon except in public interest and in accordance with the provisions of the law.
Article 35. Right to private ownership of land
Private ownership of land and other rights related to land are granted by the State.
A law determines modalities of concession, transfer and use of land.
Article 36. Right to activities promoting National Culture
Every Rwandan has the right to activities that promote National Culture and the duty to promote it.
Article 37. Freedom of conscience and religion
Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State in accordance with the law.
Propagation of ethnic, regional, racial discrimination or any other form of division is punished by law.
Article 38. Freedom of press, of expression and of access to information
Freedom of press, of expression and of access to information are recognised and guaranteed by the State.
Freedom of expression and freedom of access to information shall not prejudice public order, good morals, the protection of the youth and children, the right of every citizen to honour and dignity and protection of personal and family privacy.
Conditions for exercising and respect for these freedoms are determined by law.
Article 39. Right to freedom of association
The right to freedom of association is guaranteed and does not require prior authorisation.
This right is exercised under conditions determined by law.
Article 40. Right to freedom of assembly
The right to freedom of peaceful and unarmed assembly is guaranteed.
This right is exercised in accordance with the law.
This right does not require prior authorisation, except when provided for by the law.
Article 41. Limitation of rights and freedoms
In exercising rights and freedoms, everyone is subject only to limitations provided for by the law aimed at ensuring recognition and respect of other people’s rights and freedoms, as well as public morals, public order and social welfare which generally characterise a democratic society.
Section 2. Promotion and protection of rights and freedoms
Article 42. Promotion of human rights
The promotion of human rights is a responsibility of the State. This responsibility is particularly exercised by the National Commission for Human Rights. This Commission is independent.
Article 43. Protection of rights and freedoms
The Judiciary is the guardian of human rights and freedoms. This duty is exercised in accordance with this Constitution and other laws.
