Constitution

Chad 2018 Constitution

Table of Contents

TITLE II. OF FREEDOMS, OF FUNDAMENTAL RIGHTS, AND OF 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 ensure the elimination of all 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

Subject to 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 legal 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 property.

Article 18

No one may be subjected, either to degrading and humiliating abuse or treatment, or to torture.

Article 19

Slavery, the trafficking in human beings, forced labor, physical or moral torture, inhuman, cruel, degrading and humiliating treatments, physical violence, feminine genital mutilations, premature marriages as well as other forms of debasement of the human being are prohibited.

Article 20

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

Article 21

No one may be held in slavery or in servitude.

Article 22

Illegal and arbitrary arrests and detentions are prohibited.

Article 23

No one may be detained in a penal establishment unless it constitutes an offense of a criminal law in force.

Article 24

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

Article 25

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

Article 26

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

Article 27

Customary and traditional rules concerning collective criminal responsibility are prohibited.

Article 28

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

They can only be limited in respect of the freedoms and rights of others and by the imperative to safeguard the public order and good mores.

The law determines the conditions of their exercise.

Article 29

The freedom of trade unions is recognized.

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

Article 30

The right to strike is recognized.

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

Article 31

The dissolution of associations, political parties and trade unions may only occur within the conditions provided for by their statutes or by judicial means, and also in case of a threat to national unity.

Article 32

The Constitution guarantees the right of democratic opposition.

The law determines the rights and obligations constituting the status of the opposition.

Article 33

The access to public employment is guaranteed to every Chadian without any discrimination, subject to the specific conditions of each job.

Each public agent signs, on beginning service, an ethical commitment.

Article 34

The State works for the promotion of women’s political rights through a better representation within the elected assemblies and institutions and administrations, both public and private.

The ways and means of application of this Article are established by the law.

Article 35

The State recognizes the right of all citizens to work.

It guarantees just compensation to workers 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 36

Every Chadian has the right to culture.

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

Article 37

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 38

Every citizen has the right to education.

Public education is secular and free of charge.

Basic education and civic service are obligatory.

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

Article 39

The State assures the promotion and the development of general, technical and professional public education.

Article 40

The State and the Autonomous Collectivities create the conditions and the institutions which assure and guarantee the education of children, the promotion of gender and of handicapped persons.

Article 41

The family is the natural and moral base of society.

The State and the Autonomous Collectivities have a duty to ensure the well-being of the family.

Article 42

Parents have the natural right and duty to raise and to educate their children. The State and the Autonomous Collectivities see to it that they are supported in this task.

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

Article 43

The State and the Autonomous Collectivities create conditions for the fulfillment and well-being of the youth.

Article 44

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

Article 45

Private property is inviolable and sacred.

No one may be dispossessed but on the grounds of duly declared public utility and with a just and prior indemnification.

Article 46

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

Article 47

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

Article 48

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

Article 49

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

Article 50

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

The extradition of political refugees is prohibited.

Article 51

Every person has the right to a healthy environment.

Article 52

The State and the Autonomous Collectivities must ensure environmental protection.

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

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

Chapter II. Of Duties

Article 53

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

Article 54

Public property is inviolable. Every person must respect and protect it.

Article 55

The public powers must promote, respect and enforce proper governance in the management of public affairs and suppress embezzlement, corruption and similar infractions.

A category of public notable persons and agents of the State are subject to the obligation of declaration of patrimony at the commencement and the end of their duties, swearing an oath following the denominational formula consecrated by the law.

Article 56

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

Military service is obligatory.

The conditions for completion of this duty are determined by the law.

The possession and the carrying of arms of war are strictly forbidden to civilians on the whole of the national territory.

Article 57

The protection of the environment is a duty for all. The State and the Autonomous Collectivities ensure the defense and protection of the environment. Any damage caused to the environment must be made the object of a just reparation.

Article 58

Every citizen contributes to public expenses according to their income and wealth.

Article 59

One may invoke neither religious beliefs nor philosophical opinions to avoid an obligation dictated by the national interest.

Article 60

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

The State assures the participation of Chadians residents abroad in the life of the Nation.

Article 61

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

Article 62

The State takes the necessary measures to incorporate the Rights of Man and public freedoms in the programs of scholarly and university education as well as the training of defense and security forces.

Article 63

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

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

Article 64

The State guarantees freedom of enterprise.