Constitution

Chad 1996 Constitution (reviewed 2015)

Table of Contents

Title II. Of the Freedoms, of the Fundamental Rights and Duties

Article 12

The freedoms and the fundamental rights are recognized and their exercise guaranteed to the citizens within the conditions and forms provided for by the Constitution and the law.

Article 13

Chadians of both sexes have the same rights and the same duties.

They are equal before the law.

Article 14

The State assures to all equality before the law without distinction of origin, of race, of sex, of religion, of political opinion or of social position.

It has the duty to see to the elimination of all the forms of discrimination with regard to women and to assure the protection of their rights in all the domains of private and public life.

Article 15

Under reserve of the political rights, foreigners regularly admitted to the territory of the Republic of Chad have the same rights and freedoms as nationals within the limits of the law. They are held to conform to the Constitution, to the laws and regulations of the Republic.

Article 16

The rights of juridical persons are guaranteed by this Constitution.

Chapter I. Of the Freedoms and of the Fundamental Rights

Article 17

The human person is sacred and inviolable.

Every individual has the right to life, to the integrity of their person, to security, to liberty, to the protection of their privacy and of their assets.

Article 18

No one may be subjected, either to degrading and humiliating acts [sévices] or treatment, or to torture.

Article 19

Every individual has the right to free development of their person within respect for the rights of others, of good morals and of the public order.

Article 20

No one may be held in slavery or in servitude.

Article 21

Illegal and arbitrary arrests and detentions are prohibited.

Article 22

No one may be detained in a penal establishment if it does not result from [tombe sous le coup] a criminal law in force.

Article 23

One may only be arrested or charged by virtue of a law promulgated prior to the acts with which they are accused.

Article 24

Every defendant is presumed innocent until the establishment of their culpability following a regular process offering the indispensable guarantees for their defense.

Article 25

The penalty is personal. No one may be held responsible and prosecuted for an act not committed by them.

Article 26

Customary and traditional rules concerning collective criminal responsibility are prohibited.

Article 27

The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, of demonstration and of procession are guaranteed to all.

They may only be limited for the respect of the freedoms and the rights of others and by the imperative to safeguard the public order and good morals.

The law determines the conditions of [their] exercise.

Article 28

The syndical freedom is recognized.

Every citizen is free to affiliate with the trade union of their choice.

Article 29

The right to strike is recognized.

It is exercised within the framework of the laws which regulate it.

Article 30

The dissolution of associations, political parties and trade unions may only intervene within the conditions provided for by their statutes or by judicial means.

Article 31

The access to public employment is guaranteed to every Chadian without discrimination whatever, under reserve of the specific conditions of each job.

Article 32

The State recognizes to all citizens the right to work.

It guarantees to workers the just compensation for their services or for their production.

No one may be discriminated against in their work because of their origins, of their opinions, of their beliefs, of their sex or of their marital status

Article 33

Every Chadian has the right to culture.

The State has the duty to safeguard and to promote the national values of civilization.

Article 34

Every citizen has the right to the creation, to the protection and to the enjoyment of their intellectual and artistic works.

The State assures the promotion and protection of the national cultural patrimony as well as of artistic and literary production.

Article 35

Every citizen has the right to education.

Public education is secular and gratuitous.

Private education is recognized and is exercised within the conditions defined by the law.

Basic education is obligatory.

Article 36

The State and the decentralized territorial collectivities create the conditions and the institutions which assure and guarantee the education of children.

Article 37

The family is the natural and moral base of society.

The State and the decentralized territorial collectivities have a duty to see to the well-being of the family.

Article 38

Parents have the natural right and duty to raise and to educate their children. They are supported in this task by the State and the decentralized territorial collectivities.

Children may only be separated from their parents or from those responsible for them when [these] fail in their duty.

Article 39

The State and the decentralized territorial collectivities create conditions for the fulfillment and well-being of youth.

Article 40

The State strives to provide for the needs of every citizen who, because of their age or their physical or mental inaptitude, find themselves with an incapacity to work, notably by the institution of organs of social character.

Article 41

Private property is inviolable and sacred.

One may only be dispossessed for cause of duly declared public utility and with a just and prior indemnification.

Article 42

The domicile is inviolable. Searches may only be effected within the cases and the forms prescribed by the law.

Article 43

Every Chadian has the right to establish their domicile or residence freely and in any place whatsoever on the national territory.

Article 44

Every Chadian has the right to circulate freely in the interior of the national territory, to leave it and to return to it.

Article 45

The secrecy of correspondence and of communications is guaranteed by the law.

Article 46

The right to asylum is granted to foreign nationals within the conditions determined by the law.

The extradition of political refugees is prohibited.

Article 47

Every person has the right to a healthy environment.

Article 48

The State and the decentralized territorial collectivities must see to the protection of the environment.

The conditions of storage, of handling and of disposal of toxic wastes or pollutants deriving from national activities are determined by the law.

The transit, importation, storage, burying, [or] dumping on the national territory of foreign toxic wastes or pollutants is prohibited.

Chapter II. Of the Duties

Article 49

Every citizen is held to respect the Constitution, the laws and regulations as well as the institutions and the symbols of the Republic.

Article 50

The public assets are inviolable. Every person must respect them and protect them.

Article 51

The defense of the country and of the integrity of the national territory is a duty for every Chadian.

Military service is obligatory.

The conditions for accomplishing this duty are determined by the law.

Article 52

Every citizen has the duty to respect and to protect the environment.

Article 53

Every citizen participates as a function of their income and of their wealth in the public expenses.

Article 54

One may neither invoke religious beliefs, or philosophical opinions to avoid an obligation dictated by the national interest.

Article 55

The State has the duty to protect the legitimate interests of the Chadian nationals abroad.

Article 56

The State guarantees the political neutrality of the administration and of the Armed Forces and [Forces] of Security.

Article 57

The State exercises its entire and permanent sovereignty over all the national natural riches and resources for the well-being of all of the national community.

However, it may concede the exploration and the exploitation of these natural resources to private initiative.

Article 58

The State guarantees the freedom of enterprise.