Constitution

Côte d’Ivoire 2016 Constitution

Table of Contents

TITLE I. RIGHTS, FREEDOMS AND DUTIES

Article 1

The State of Côte d’Ivoire recognizes the rights, freedoms and duties set forth in this Constitution. It is committed to taking all necessary measures for ensuring the effective implementation thereof.

CHAPTER ONE. RIGHTS AND FREEDOMS

Article 2

The human person is sacred.

The rights of the human person is inviolable.

Everyone has the right to respect for human dignity and to recognition as a person before the law.

Article 3

The right to life is inviolable.

No one has the right to take the life of another person.

The death penalty is abolished.

Article 4

All Ivoirians are born and remain free and equal in rights.

No one may be privileged or discriminated against by reason of their race, their ethnicity, their clan, their tribe, their skin color, their sex, their region, their social origin, their religion or belief, their opinion, their fortune, their difference in culture or language, their social status or their physical or mental state.

Article 5

Slavery, human trafficking, forced labor, physical or moral torture, inhumane, cruel, degrading and humiliating treatment, physical violence, female genital mutilation as well as all other forms of degradation of a human being are prohibited.

Any medical or scientific experimentation on a person without their informed consent as well as organ trafficking for commercial or ulterior motives are also prohibited. However, everyone has the right to donate their organs, under the conditions prescribed by law.

Article 6

The right of everyone to free and equal access to justice is protected and guaranteed.

Everyone has the right to a fair trial and to judgment rendered within a reasonable period as determined by law.

The State promotes the development of local justice.

Article 7

No one may be prosecuted, arrested, detained or charged, except by virtue of a law promulgated prior to the facts alleged against them.

No one may be arbitrarily arrested, prosecuted or detained.

Any person arrested or detained has the right to humane treatment that protects their dignity. They must be informed immediately of the reasons for their arrest or detention and of their rights, in the language understandable to them.

Every defendant is presumed innocent until proven guilty following a fair trial providing all the guarantees necessary for their defense.

Article 8

The home is inviolable. Exceptions or restrictions may only be prescribed by law.

Article 9

Everyone is entitled to education and professional training.

Everyone is also entitled to access to healthcare services.

Article 10

School attendance is compulsory for children of both sexes, under the conditions determined by law.

The State and public communities ensure the education of children. They create conditions conducive to this education.

The State ensures the promotion and development of general public education, technical education and professional training as well as the expansion of all sectors, according to international standards of quality and in relation to the needs of the labor market.

Institutions, the secular private sector and religious communities may also contribute to the education of children, under the conditions determined by law.

Article 11

The right of ownership is guaranteed to everyone.

No one should be deprived of their property if it is not for the purposes of public utility and under the condition of a reasonable and prior compensation.

Article 12

Only the State, public communities and Ivoirian natural persons have the right to own rural land. Acquired rights are guaranteed.

The composition of rural land areas as well as the rules of ownership, surrender and transfer of holdings thereof are determined by the law.

Article 13

The right of every citizen to free enterprise is guaranteed within the limits prescribed by law.

The State ensures the security of savings, capital and investment.

Article 14

Everyone has the right to choose their profession or employment freely.

Everyone has equal access to public or private employment, according to qualities and skills. It is prohibited to discriminate in respect of access to employment or in the exercise thereof, on the basis of sex, ethnicity or political, religious or philosophical opinions.

Article 15

Every citizen has the right to decent working conditions and fair pay.

No one may be deprived of their wages, by reason of taxation, beyond a quota whose level is determined by law.

Article 16

Child labor is prohibited and punishable by law.

It is prohibited to employ a child in an activity that puts them in danger or affects their health, their growth, as well as their physical and mental balance.

Article 17

The right to belong to a trade union and the right to strike is accorded to workers in the private sector and to officials of the Public Administration. These rights are exercised within the limits determined by law.

Article 18

Citizens have the right to information and access to public documents, under the conditions prescribed by law.

Article 19

Freedom of thought and freedom of expression, particularly, freedom of conscience, of philosophical and religious conviction or of worship are guaranteed to everyone. Everyone has the right to express and disseminate their ideas freely.

These freedoms are exercised subject to respect for the law, for the rights of others, for national security and for public order.

Any propaganda whose objective or outcome is to elevate one social group above another, or to encourage racial, tribal or religious, hatred is prohibited.

Article 20

Freedoms of association, assembly and peaceful demonstration are guaranteed by law.

Article 21

Every Ivoirian citizen has the right to move and settle freely in any part of the national territory.

Every Ivoirian citizen has the right to leave their country and return to it freely.

The exercise of this right may only be restricted by law.

Article 22

No Ivoirian may be forced into exile.

Article 23

Anyone persecuted because of their political, religious, philosophical convictions or their ethnicity may have the right of asylum in the territory of the Republic of Côte d’Ivoire, on the condition that they conform to the laws of the Republic.

Article 24

The State guarantees all citizens equal access to culture.

The freedom of artistic and literary creation is guaranteed.

Artistic, scientific and technical works of art are protected by law.

The State promotes and protects the cultural heritage as well as the habits and customs that do not run counter to public order and the accepted standards of behavior.

Article 25

Political parties and groups form and exercise their activities freely on the condition that they respect the laws of the Republic, the principles of national sovereignty and of democracy. They are equal in rights and subject to the same obligations.

Political parties and groups contribute to the exercise of the right to vote.

Political parties and groups organized along regional, religious, tribal, ethnic or racial lines are prohibited.

Legally constituted political parties and groups benefit from public funding, under the conditions defined by law.

Article 26

Civil society is one of the components of the expression of democracy. It contributes to the economic, social and cultural development of the Nation.

Article 27

It is recognized that everyone throughout the national territory has the right to a healthy environment.

The transit, importation or illegal storage and dumping of toxic waste on the national territory constitute crimes that are not subject to any statute of limitations.

CHAPTER II. DUTIES

Article 28

The State is committed to respecting the Constitution, human rights and public freedoms. It ensures awareness and dissemination of them among the population.

The State takes the necessary measures to integrate the Constitution, human rights and public freedoms into school and university education programs as well as into the training of defense and security forces, and of officials of the Administration.

Article 29

The State guarantees the right of democratic opposition.

On matters of national interest, the President of the Republic may solicit the opinions of opposing political parties and groups.

Article 30

Concerning Ivoirians residing abroad, the State provides for their participation in the life of the Nation. It watches over their interests.

Article 31

The family is the basic unit of the society. The State guarantees its protection.

Parental authority is exercised by the father and mother or, failing that, by any other person in accordance with the law.

Article 32

The State is committed to guaranteeing the specific needs of vulnerable persons.

It takes the necessary measures to prevent the vulnerability of children, women, mothers, the elderly and persons with disabilities.

It is committed to guaranteeing the access of vulnerable persons to healthcare services, education, employment, culture, sports and leisure.

Article 33

The State and public communities protect persons with disabilities against any form of discrimination. They promote their integration by facilitating their access to all public and private services.

The State and public communities ensure the protection of persons with disabilities against any form of degradation. They guarantee their rights in the educational, medical and economic spheres as well as in those of sports and leisure.

Article 34

The youth are protected by the State and public communities against all forms of exploitation and abandonment.

The State and public communities create conditions conducive to the civic and moral education of the youth. They take all necessary measures to ensure the participation of young people in the social, economic, cultural, sports and political development of the country. They help the youth to integrate into active life by developing their cultural, scientific, psychological, physical and creative potential.

Article 35

The State and public communities ensure the promotion, development and protection of women. They take the necessary measures to eliminate all forms of violence against women and girls.

Article 36

The State works to promote the political rights of women by increasing their chances of access to representation in elected assemblies.

Detailed rules for the application of this Article are set forth in the law.

Article 37

The State works to promote equality between men and women in the labor market.

The State encourages the promotion of women to decision-making positions in public institutions and administrations as well as at the enterprise level.

Article 38

The State promotes the access of citizens to housing, under the conditions prescribed by law.

The state promotes the access of citizens to employment.

Article 39

The defense of the Nation and of the integrity of the territory is a duty for all Ivoirians. It is exclusively ensured by the national defense and security forces, under the conditions determined by law.

Article 40

The protection of the environment and the promotion of the quality of life are a duty for the community and for each natural or legal person.

The State is committed to protecting its maritime space, its waterways, its natural parks as well as its historic sites and monuments against any form of degradation.

The State and public communities take the necessary measures to safeguard the fauna and flora.

Where there may be a risk of harm that could seriously and irreversibly affect the environment, the State and public communities are required to assess the potential harm and to adopt the necessary preventive measures by applying the precautionary principle.

Article 41

The public bodies are required to promote, respect and ensure respect for good governance in the management of public affairs and of the prosecution of corruption and related offenses.

Any person entrusted with the functions of President of the Republic, Vice-President of the Republic, Prime Minister, national Institution President or Head, member of the Government, member of the Constitutional Council, parliamentarian, magistrate or any person holding high-ranking positions in public administration or in charge of the management of public funds, is required to declare their assets in accordance with the law.

Article 42

The State and public communities must guarantee to everyone quality public service, meeting the demands of the public interest.

Article 43

It is the duty of every resident to fulfill their tax obligations in accordance with the law.

The State takes the necessary measures to ensure the collection of taxes, the fight against tax evasion and fiscal fraud.

Article 44

Public property is inviolable.

Everyone has the duty to respect and protect them.

Article 45

Any citizen given a public mandate or in charge of a public office or a public service mission has the duty to execute it competently, conscientiously and loyally. They should be honest, impartial and neutral.

Article 46

The holding of multiple offices is regulated under the conditions set forth in the law.

Article 47

Everyone living in the national territory is required to respect the Constitution, laws and regulations of the Republic of Côte d’Ivoire.