Constitution

Senegal 2001 Constitution (reviewed 2016)

Table of Contents

TITLE II. OF THE PUBLIC FREEDOMS AND THE [FREEDOMS] OF THE HUMAN PERSON OF THE ECONOMIC AND SOCIAL RIGHTS AND OF THE COLLECTIVE RIGHTS

Article 7

The human person is sacred. It is inviolable. The State has the obligation to respect it and to protect it.

Every individual has the right to life, to liberty, to security, to the free development of his personality, to corporeal integrity, notably to protection against all physical mutilations.

The Senegalese people recognize the existence of the inviolable and inalienable rights of man as the basis of all human community, of peace and of justice in the world.

All human beings are equal before the law. Men and Women are equal in right [droit].

The law promotes [favorise] the equal access of women and men to the mandates and functions.

There is in Senegal no constraint [sujet], or privilege arising from birth, from person or from family.

Article 8

The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably:

  • the civil and political freedoms: freedom of opinion, freedom of expression, freedom of the press, freedom of association, freedom of assembly, freedom of movement [déplacemnent], [and] freedom of manifestation,
    the cultural freedoms,

    the religious freedoms,

    the philosophical freedoms,

    the syndical freedoms,

    the freedom of enterprise,

    the right to education,

    the right to know how to read and to write,

    the right to property,

    the right to work,

    the right to health,

    right to a healthy [sain] environment,

    [and] the right to plural information.

These freedoms and these rights are exercised within the conditions provided for by the law.

Article 9

All infringement of the freedoms and all voluntary interference with the exercise of a freedom are punished by the law.

No one may be condemned if it is not by virtue of a law [which] entered into force before the committed act.

However, the provisions of the preceding paragraph may not be opposed to the prosecution, to the judgment and to the condemnation of any individual for reason of acts or omissions which, at the moment when they were committed, were held [to be] criminal in terms of [après] rules of international law relating to acts of genocide, of crimes against humanity and of crimes of war.

The defense is an absolute right in all the stages [états] and in all degrees of the procedure.

Article 10

Each one has the right of expression and to disseminate their opinion freely by word, pen, image, [and] peaceful march, provided that the exercise of these rights does not infringe the honor and the consideration of others, or the public order.

Article 11

The creation of an organ of the press for political, economic, cultural, sport, social, recreative or scientific information is free and is not subject to prior authorization.

The regime of the press is established by the law.

Article 12

All the citizens have the right to freely constitute associations, [and] economic, cultural and social groups as well as societies, under reserve of conforming to the formalities specified [édictées] by the laws and regulations.

The groups of which the goal or the activity is contrary to the criminal laws[,] or directed against the public order[,] are prohibited.

Article 13

The secrecy of correspondence [and] of postal, telegraphic, telephonic and electronic communications[,] is inviolable. Restriction of this inviolability, may only be ordered in application of the law.

Article 14

All the citizens of the Republic have the right to move themselves and to establish themselves freely on the whole extent of the national territory as well as abroad.

These freedoms are exercised within the conditions provided for by the law.

Article 15

The right of property [propriété] is guaranteed by this Constitution. It can only be infringed in the case of public necessity legally established [constatée], under reserve of a just and prior indemnity.

The man and the woman have the right to accede to the possession and to the ownership [propriété] of land within the conditions determined by the law.

Article 16

The domicile is inviolable.

[A] search may only be ordered by the judge or by the other authorities designated by the law. Searches may only be executed in the forms prescribed by them. The measures infringing the inviolability of the domicile or restricting it may only be taken to evade [parer] a collective danger or to protect persons in peril of death.

These measures may be taken equally, in application of the law, to protect the public order against imminent threats [menaces], singularly to combat the risks of epidemic or to protect youth in danger.

MARRIAGE AND THE FAMILY

Article 17

Marriage and the family constitute the natural and moral base of the human community. They are placed under the protection of the State.

The State and the public collectivities have the duty to see to the physical and moral health of the family and, in particular of the handicapped persons and of elderly [âgées] persons.

The State guarantees to families in general, and to those living in [the] rural milieu in particular[,] the access to the services of health and of well being. It guarantees equally to women in general and to those living in [the] rural milieu in particular, the right to alleviation of their conditions of life.

Article 18

Forced marriage is a violation of individual liberty. It is forbidden and punished within the conditions established by the law.

Article 19

The woman has the right of having her own patrimony[,] as [does] her husband. She has the right to the personal management of her assets.

Article 20

Parents have the natural right and the duty to raise their children. They are sustained in this effort, by the State and the public collectivities.

Youth is protected by the State and the public collectivities against exploitation, drugs, narcotics, moral abandonment and delinquency.

EDUCATION

Article 21

The State and the public collectivities create the preliminary conditions and the public institutions which guarantee the education of children.

Article 22

The State has the duty and the responsibility [charge] of the education and of the instruction of youth by the public schools.

All children, boys and girls, in all places of the national territory, have the right of acceding to school.

The institutions and the religious or non-religious communities are equally recognized as means of education.

All the national institutions, public or private, have the duty to make their members literate and to participate in the national effort of literacy in one of the national languages.

Article 23

Private schools may be opened with the authorization and under the control of the State.

RELIGIOUS AND RELIGIOUS COMMUNITIES

Article 24

The freedom of conscience, the freedoms and the religious and cultural practices, [and] the profession of religious educator[,] are guaranteed to all under reserve of the public order.

The institutions and the religious communities have the right to develop themselves without hindrance [entrave]. They are disengaged from the protection [tutelle] of the State. They regulate and administer their affairs in an autonomous manner.

WORK

Article 25

Everyone has the right to work and the right to seek [prétendre] employment. No one may be impeded in their work for reason of their origins, of their sex, of their opinions, of their political choices or of their beliefs. The worker may affiliate with a union and defend their rights through union action.

Any discrimination between men and women in employment, salary and taxation [impôt] is forbidden.

The freedom to create labor or professional associations is recognized to all workers.

The right to strike is recognized. It is exercised within the framework of the laws which govern it. It may not in any case infringe the freedom to work, or place the enterprise in peril.

Every worker participates, by the intermediary of his delegates, in the determination of the conditions of work in the enterprise. The State sees to sanitary and humane conditions in the places of work.

Specific laws establish the conditions of assistance and of protection which the State and the enterprise accord to the workers.

Article 25-1

The natural resources belong to the people. They are used for the amelioration of the conditions of life.

The exploitation and the management of the natural resources is made with transparency and in a fashion to generate economic growth, to promote the wellbeing of the population in general and to be ecologically sustainable.

The State and the territorial collectivities have the obligation to see to the preservation of the land patrimony.

Article 25-2

Each has the right to a healthy environment.

The defense, the preservation and the amelioration of the environment [is] incumbent on the public powers.

The public powers have the obligation to preserve, to restore the essential ecological processes, to promote the responsible management of species and of ecosystems, to preserve the diversity and the integrity of the genetic patrimony, to require environmental evaluation of the plans, projects or programs, to promote environmental education and to assure the protection of the populations in the drafting [elaboration] and the implementation of projects and programs of which the social and environmental impacts are significant.

Article 25-3

Every citizen is held to scrupulously protect the Constitution, the laws and regulations, notably, to accomplish their civic duties and to respect the rights of others. They must see that they acquit themselves of their fiscal obligations and participate in the work of economic and social development of the Nation.

Every citizen has the duty to defend the country against any aggression and to contribute to the struggle against corruption and misappropriation [concussion].

Every citizen has the duty to respect the public good and to have [it] respected, but also to abstain from all acts of [a] nature that compromises the public order, security, salubrity and tranquility.

Every citizen has the duty to preserve the natural resources and the environment of the country and to work for sustainable development for the benefit of the present and future generations.

Every citizen has the duty to subscribe to civil status those acts that concern them and those that are relative to their family under the conditions determined by the law.