TITLE II. FUNDAMENTAL RIGHTS, PUBLIC FREEDOMS and DUTIES
CHAPTER I. FUNDAMENTAL RIGHTS AND PUBLIC FREEDOMS
ART 34
- Constitutional provisions regarding fundamental rights, public freedoms and guarantees apply to all public authorities and institutions.
- Any restriction of rights, freedoms and guarantees may only be imposed by legislation and for reasons related to maintaining public order and security, as well as those necessary to vouchsafe other rights and freedoms protected by the Constitution.
- In all cases, these restrictions shall not prejudice the essence of these rights and freedoms.
- In order to guarantee legal security, the State, in implementing legislation relating to rights and freedoms, shall ensure the readability, accessibility and the stability of legal texts.
ART 35
- Fundamental rights and freedoms are guaranteed by the state.
- The institutions of the Republic shall seek to ensure equality of rights and duties of all citizens by removing the obstacles impeding the development of the human personality and preventing the effectual participation of all in the political, economic, social and cultural life.
ART 36
- Algerian nationality shall be defined by the law.
- The conditions for the acquisition and retention of the Algerian nationality, its loss, or revocation shall be determined by law.
ART 37
All citizens shall be equal before the law and shall be guaranteed the right to equal protection.
There shall be no pretext for discrimination on the basis of birth, race, gender, opinion, or any other personal or social condition or situation.
ART 38
The right to life is inherent to the human being and protected by the law, and no one shall be arbitrarily deprived of it.
ART 39
The inviolability of the human being shall not be infringed.
Any form of physical or moral violence or violation of dignity shall be prohibited and punishable by law.
Torture or cruel, inhuman, or degrading treatment, including human trafficking, shall be punishable by law.
ART 40
The State shall protect women from all forms of violence in all places and situations in the public, professional, and private spheres.
The law shall guarantee victims access to shelter and care facilities, appropriate appeal methods, and free legal assistance.
ART 41
Every person shall be presumed innocent until proven guilty by an ordinary jurisdiction in accordance with a fair trial that ensures all the requisite guarantees for his defence.
ART 42
Underprivileged persons shall have access to legal aid.
The law shall determine the conditions for the implementation of this provision.
ART 43
No person shall be held guilty except by virtue of a law duly promulgated before the perpetration of the incriminated act.
ART 44
No person shall be prosecuted, arrested or detained except in the cases determined by law and in accordance with the forms prescribed by it.
Any person arrested must be informed of the reasons for his arrest.
Provisional detention shall be an exceptional measure for which the reasons, period and conditions of its extension are defined by law.
Acts and facts of arbitrary arrest shall be punishable by law.
ART 45
Detention pending a criminal investigation shall be subject to judicial control and shall not exceed forty-eight (48) hours.
Any person remanded in custody shall have the right to get in touch with his family immediately.
Any person remanded in custody shall be informed of his right to contact his lawyer. The exercise of this right may be restricted by the judge in exceptional circumstances specified by law.
Extended pre-charge detention shall only be effectuated as an exceptional measure in accordance with the conditions specified by law.
When the term of custody expires an obligatory medical examination shall be carried out on the person on remand should he so requests; in any case, he shall be informed of this right.
Medical examination shall be mandatory for minors.
The law shall determine the modalities of implementing this provision.
ART 46
Any person who is the subject of arbitrary detention, arbitrary temporary confinement, or miscarriage of justice shall have the right to compensation.
The law shall determine the conditions and modalities of the compensation.
ART 47
Every person shall have the right to the protection of his honor and private life.
Every person shall have the right to the confidentiality of his correspondence and private communications in all their forms.
The rights mentioned in the first and second paragraphs shall not be infringed except by reasonable order of the judicial authority.
The protection of individuals when handling personal data shall be a fundamental right.
The violation of these rights shall be punishable by law.
ART 48
The State shall guarantee the inviolability of the domicile.
No search can be made, except in compliance with a law and in conformity with its provisions.
A search may only be effectuated by virtue of a warrant issued by the competent judicial authority.
ART 49
Every citizen enjoying all civil and political rights shall have the right to freely choose the place of residence and to move freely within the national territory.
The right of entry and exit from the national territory shall be guaranteed.
Any restriction of these rights shall only be enforced for a specific period and by virtue of a reasonable decision by the judicial authority.
ART 50
Any foreigner legally present in the national territory shall enjoy legal protection of his person and property.
No person shall be extradited except in accordance with a ratified international agreement or under the extradition law.
In no case shall a political refugee with a legal right to asylum be handed over or extradited.
ART 51
Freedom of conscience and freedom of opinion shall be inviolable.
Freedom of worship shall be guaranteed and exercised without discrimination in compliance with the law.
The State shall impartially guarantee the protection of places of worship.
ART 52
Freedom of expression shall be guaranteed.
Freedom of association and public assembly shall be guaranteed upon obtaining a permit. The law shall determine the modalities for exercising these freedoms.
ART 53
The right to form associations shall be guaranteed upon obtaining a permit.
An organic law shall determine the modalities for the establishing of associations.
Associations shall not be dissolved except by virtue of a judicial decision.
ART 54
Freedom of the press, be it written, audiovisual, or on media networks, shall be guaranteed equally for all public and private media outlets. It shall not be restricted by any form of prior censorship.
Freedom of the press shall include in particular the following:
- freedom of expression and creativity of journalists and media collaborators
the journalist’s right to access sources of information within the framework of respect for the laws in force the right to protection of the journalist and his professional confidentiality the right to publish and investigate upon obtaining a permit to do so the right to establish television and radio channels and websites and newspapers within the conditions specified by law the right to publish news, ideas, photos, and opinions within the legal framework while respecting the community’s heritage and religious, social, and cultural values
This freedom shall not be exploited to infringe upon the dignity, liberty, and rights of others.
The publication of discriminatory of hate speech shall be prohibited.
Press offences shall not incur a custodial sentence.
ART 55
The citizen shall have the right to access, acquire, and transmit information, documents and statistics.
The exercise of this right shall not infringe on the private life and the rights of others, the legitimate interests of institutions, or the requirements of national security.
The law shall determine the modalities for exercising this right.
ART 56
Every citizen meeting the legal requirements shall have the right to vote and to be elected.
ART 57
The right to establish political parties shall be acknowledged and guaranteed.
Political parties may not be founded on a religious, linguistic, ethnic, gender, corporatist or regional basis.
This right may not be invoked in order to undermine fundamental freedoms, the essential components of the national identity, national unity, the security and integrity of the national territory, the independence of the country, the sovereignty of the people, or the democratic and republican nature of the State.
Political parties may not have recourse to party propaganda based on the elements referred to in the previous paragraph.
The State shall ensure equitable treatment of all political parties.
All political parties shall be forbidden from having any form of affiliation with foreign interests or entities.
No political party shall resort to violence or hatred of any type or form.
An organic law shall determine the means of establishing political parties and may not include provisions that infringe upon the freedom to create them.
The administration shall refrain from any practice that, by its nature, prevents the exercise of this right.
ART 58
In compliance with the provisions of the abovementioned Article 57, the authorized political parties shall have the following particular rights:
- freedom of opinion, expression and assembly;
airtime in public media outlets proportional to their representation at national level; public funding, if appropriate, based on their representation in Parliament, as determined by the law; exercising power at local and national levels through democratic alternation in accordance with the provisions of this Constitution.
ART 59
The State shall work towards promoting the political rights of women by increasing their chances of access to representation in elected assemblies.
The modalities of implementing this Article shall be determined by an organic law.
ART 60
Private property shall be guaranteed.
Property shall not be expropriated except within the scope of the law and with equitable compensation.
The right to inheritance shall be guaranteed.
The holdings of the waqf and charitable organizations shall be acknowledged, and their allocations shall be protected by law.
ART 61
Freedom of commerce and industry shall be guaranteed.
The law shall determine which investments, by virtue of their strategic nature, necessitate that state hold the majority share or direct or indirect control.
The law shall put in place appropriate mechanisms responsible for providing a sustained business climate and shall create procedures to achieve, manage, and liquidate investments transparently and efficiently in a way that ensures true and fair competition.
ART 62
The State shall regulate the market.
The law shall determine the rules related to establishment, organization, and operation of regulatory authorities with respect for the principle of their independence.
ART 63
Public authorities shall guarantee the protection, security, safety, health, and economic rights of the consumer.
ART 64
The right to obtain safe drinking water shall be guaranteed. The State shall ensure the rational usage and preservation of water for future generations.
ART 65
All persons shall have the right to healthcare.
The State shall ensure the quality of treatment and the continuity of health services.
The State shall be responsible for preventing and combating epidemic and endemic diseases and shall permanently improve living and working conditions.
The State shall ensure the provision of treatment conditions for the indigent.
The State shall ensure the promotion of physical education, sports, and entertainment.
ART 66
The State shall contribute to enabling citizens to find housing.
The State shall work towards facilitating the access to housing for disadvantaged categories.
ART 67
Citizens shall have the right to a healthy environment within a framework of sustainable growth.
The State shall work towards preserving the environment.
The law shall determine the obligations of natural and legal persons pertaining to the protection of the environment.
ART 68
The right to education shall be guaranteed. The State shall ensure the continued improvement of the quality of education.
Public education shall be free within the conditions fixed by law.
Primary education shall be compulsory.
The State shall guarantee impartiality in educational institutions and shall uphold their pedagogical and academic quality.
The State shall protect equal access to schooling and vocational training.
ART 69
All citizens shall have the right to work. This right is inseparable from the duty to work.
The right to protection, security and hygiene at work shall be guaranteed by law.
The right to rest shall be guaranteed. Law shall determine the modalities of its exercise.
The right to social security for workers shall be guaranteed by law.
Employment of children below the age of sixteen (16) shall be punishable by law.
The State shall work towards promoting apprenticeship and putting in place the policies that support job creation.
All forms of forced labor shall be prohibited.
Compulsory work shall be prohibited with the exception of cases decreed by law.
The law shall define the conditions for exploiting people for the public interest.
Every worker shall have the right to a guaranteed minimum wage.
ART 70
All citizens shall have equal access to functions and employment in the State, without any conditions other than those stipulated by law.
ART 71
The State shall work towards promoting equity in terms of opportunities between men and women in the job market.
The State shall encourage the promotion of women to positions of responsibility in public institutions and administrations, as well as in the enterprises.
ART 72
The right to belong to a trade union shall be acknowledged for all workers. The law shall guarantee the freedom to exercise this right.
Economic sector traders may organize within employer organizations within the legal framework.
ART 73
The right to strike shall be acknowledged. It shall be exercised within the framework of the law.
The law may prohibit or restrict the exercise of the right to strike in the fields of national defense and security, or for services and public activities which are of vital interest to the community.
ART 74
The family shall enjoy the protection of the State and society.
The family, society and the State shall protect the rights of children in the best interest of the child.
The State shall take responsibility for abandoned or non-affiliated children.
Under penalty of prosecution, parents shall have the obligation to ensure the education of their children, and children shall have the duty to provide help and assistance to their parents.
The law shall punish violence against and exploitation of children.
ART 75
The State shall ensure the provision of all institutional and material means to develop the capabilities of youth and stimulate their creative energies.
The State shall encourage youth to participate in political life.
The State shall protect youth from social ills.
The law shall determine the conditions for application of this Article.
ART 76
The State shall guarantee that the elderly and underprivileged groups with special needs enjoy all the recognized rights of citizens and shall integrate them into social life.
The State shall guarantee the abovementioned individuals the right to obtain a minimum income in the event of chronic illness, incapacity to work, or the loss of family support.
The law shall determine the conditions and modalities of applying these provisions.
ART 77
The living conditions of citizens below the legal working age and those who cannot work or can never work again shall be guaranteed by the State within a framework of respect for human dignity.
ART 78
Freedom of intellectual creativity has artistic and scientific dimensions.
This freedom may not be infringed except if it violates the dignity of individuals.
The law shall protect the rights of intellectual creativity. These rights cannot constitute a hindrance to the use of works resulting from intellectual creativity when required by the public interest or to preserve the cultural and national heritage and develop education and scientific research.
ART 79
Academic freedom and freedom of scientific research shall be guaranteed rights.
The State shall work towards promoting and valorising scientific research to further the Nation’s sustainable development.
ART 80
The right to culture shall be guaranteed for all citizens.
Each person shall have an equal right to culture.
The State shall protect and work towards preserving the tangible and intangible national cultural heritage.
ART 81
Each citizen shall have the right to submit to the public authorities, on his own or with others, petitions for the purpose of filing grievances in the public interest or with regards to behaviors that violate their fundamental rights.
Each petitioner shall have the right to be notified of the results of his inquiry within a reasonable time.
CHAPTER II. DUTIES
ART 82
Ignorance of the law is no excuse.
Laws and regulations shall not be invoked until after published in official channels.
Every person shall respect the Constitution and shall comply with the laws of the Republic.
ART 83
Every citizen shall assume the duty of protecting and safeguarding the country’s independence and sovereignty, the integrity of its national territory, the unity of its people and all the attributes of the State.
Treason, espionage, defection to the enemy, and all offences committed against the security of the State, shall be punished to the fullest extent of the law.
ART 84
Every citizen shall faithfully undertake his obligations vis-à-vis the national community.
The commitment of the citizen towards his Mother Country and the obligation to contribute to its defence shall be sacred and permanent duties.
The State shall guarantee the respect for the symbols of the Revolution, the memory of the Shouhada’ and the dignity of their dependants and that of the Mujahidin.
The State, furthermore, shall endeavour to promote the writing of history and its teaching to the younger generations.
ART 85
All individual freedoms shall be exercised within the respect of the rights of others recognised by the Constitution; in particular, the respect of the right to honour, privacy and the protection of the family, the youth and childhood.
ART 86
Each person shall pay taxes according to his fiscal ability.
All taxpayers shall be equal in respect of taxation. The law shall determine the cases and circumstances in which taxes may be waived in full or in part.
Any action to circumvent the principle of equality among taxpayers and persons, whether natural or legal, shall be considered an infringement of the interests of the national community and shall be punishable by law.
The law shall punish tax evasion, tax fraud, and capital flight.
No tax may be imposed except by reason of a law.
No tax, contribution, excise, or right of any kind may be imposed with retroactive effect.
ART 87
The duty of every citizen is to protect public property and the interests of the national community and to respect the property of others.
