Guinea-Bissau 1984 Constitution (reviewed 1996)

Part II. Fundamental Rights, Liberties, Assurances and Duties

Article 24

All citizens are equal before the law, enjoy the same rights and are subjected to the same duties, without distinction of race, sex, social status, social, intellectual or cultural level, religious belief or philosophical conviction.

Article 25

Men and women are equal before the law in all aspects of political, economic, social and cultural life.

Article 26

1. The State recognizes the formation of the family and assures its protection.
2. Children are equal before the law, independently of the civil status of the parents.
3. Spouses have equal rights and duties in terms of civil and political capacities, as well as the maintenance and education of the children.

Article 27

1. All national citizens that reside or are temporarily in foreign territory enjoy the same rights and are subject to the same duties as other citizens, except for those that are incompatible with their absence from the country.
2. Citizens resident in foreign nations enjoy the care and protection of the State.

Article 28

1. Foreigners, based on reciprocity, and expatriates that reside or are present in Guinea-Bissau enjoy the same rights and are subject to the same duties as nationals, with the exception of political rights, holding of public offices and other rights and duties that laws expressly assign to national citizens.
2. The holding of public offices can only be granted to foreigners if of a technical nature, except when called for by international treaties or agreements.

Article 29

1. Fundamental rights enshrined in the Constitution do not negate other rights foreseen by the laws of the Republic and applicable rules of international law.
2. Constitutional and legal principles relating to fundamental rights have to be interpreted in harmony with the Universal Declaration of Human Rights.

Article 30

1. Constitutional principles relating to the rights, liberties and guarantees are directly applicable and binding on both public and private entities.
2. The exercise of fundamental rights, liberties and guarantees will only be suspended or limited in case of a state of emergency, proclaimed in accordance to the established by the Constitution and the law.
3. Laws that limit rights, liberties and guarantees are deemed as general and abstract, and should be limited to the necessary to protect other constitutionally protected rights or interests, and cannot be retroactive, nor diminish the essential content of those rights.

Article 31

1. Martial law or a state of emergency can only be declared, in the whole or part of the national territory, in cases of effective or imminent foreign aggression, grave threat or disturbance of the democratic constitutional order, or political calamity.
2. The declaration of martial law cannot affect the right to life, integrity and identity, civil capacity and citizenship, non-retroactivity of penal laws, right to defense of the accused and liberty of conscience and religion.
3. The declaration of a state of emergency can only result in the partial suspension of rights, liberties and guarantees.

Article 32

All citizens have the right of access to judicial bodies to seek redress for violations of their constitutionally or legally recognized rights, and justice cannot be denied on the lack of economic means.

Article 33

The State and all other public entities are civilly responsible, in solidarity with the heads of their bodies, employees or agents, for actions or omission that took place while on duty, and because of its obligations, that may result in a violation of rights, liberties or guarantees, or loss to a third party.

Article 34

All have the right to information and legal protection, in accordance with the law.

Article 35

No rights and liberties assured to citizens may be exercised against the independence of the nation, the integrity of the national territory, national unity, the institutions of the Republic nor the principles and objectives established by this Constitution.

Article 36

1. In the Republic of Guinea-Bissau the death penalty shall not be applied in any cases.
2. There shall be life imprisonment for crimes defined by law.

Article 37

1. The moral and physical integrity of citizens cannot be violated.
2. No one shall be submitted to torture or to cruel, inhuman or degrading treatment.
3. In no case shall there be forced labor, nor security measures depriving liberty for unlimited or indefinite periods.
4. Criminal responsibility is personal and cannot be passed on.

Article 38

1. All citizens enjoy the inviolability of their persons.
2. No one shall be totally or partially deprived of liberty except as a consequence of judicial sentencing that condemns the citizens for acts punishable by law with prison sentencing or the judicial application of security measures.
3. The exception to the principle set forth above is the deprivation of liberty for the time and according to the conditions established by law.
4. The law cannot be retroactive, unless this is of benefit to the accused.

Article 39

1. All persons deprived of liberty must be informed immediately of the reasons for their detention, and this shall be communicated to a relative or person of trust of the detained, indicated by the latter.
2. Restrictions on liberty imposed for reasons contrary to the Constitution and law oblige the state to indemnify the aggrieved, in accordance with the law.
3. Imprisonment or illegal detention resulting from an abuse of power confers on the citizen the right to habeas corpus.
4. A writ of habeas corpus shall be filed before the Supreme Tribunal of Justice, in accordance with the law.
5. In case of difficulties in filing the writ before the Supreme Tribunal of Justice, the writ may be filed before the closest regional tribunal.

Article 40

1. Detention without prior establishment of guilt will be subject, within a period of 48 hours, to a judicial decision validating or upholding the detention, in which the judge is required to establish the causes of the detention and inform the detained, interrogate him and provide him with the right of defense.
2. The preventive arrest will not be maintained if it can be substituted for by bail or another provisional liberty measure established by law.
3. The preventive arrest, before and after the finding of guilt, will be subject to the deadlines established by law.

Article 41

1. No person may be found criminally liable if not for a violation of a previously established law that declares the action or omission as punishable, nor suffer security measures whose preconditions were not the subject of a previously established law.
2. No punishment or security measures will be applied if not expressly defined in a previously established law.
3. No person may be subject to punishments or security measures more severe than those in force during the time of the conduct or verification of the respective preconditions.
4. No person will be tried more than once for a given crime.
5. No punishment shall require the loss of any civil, professional or political rights.
6. Citizens unduly convicted have the right, under the conditions prescribed by the law, to a review of the judgment and the compensation of loss suffered.

Article 42

1. Criminal procedure will assure all the rights to a defense.
2. All defendants are presumed innocent until the judgment is no longer subject to any appeals, and should be subject to trial within the shortest delay compatible with the guarantee of defense.
3. The defendant has the right to counsel, and to be assisted by counsel during all procedural phases, being established by law the cases and phases where this assistance is mandatory.
4. The judge is competent to conduct the proceeding and it may, according to the law, delegate to other bodies the performance of some discovery acts that are not directly related to fundamental rights.
5. Criminal procedure is accusatory in nature, and the court hearing and investigation measures established by law are subject to the principle of contradiction.
6. All evidence obtained through torture, coercion, offense to the physical or moral integrity of a person, wrongful interference with privacy, residence, in correspondence or telecommunications is considered nullified.

Article 43

1. Under no circumstances shall a national citizen be extradited or expelled from the Country.
2. Foreign citizens may not be extradited on political grounds.
3. Extradition and expulsion may only be decided by judicial authority.

Article 44

1. All may enjoy the rights to a personal identity, civil capacity, citizenship, good-name and reputation, image, expression and the protection of intimate privacy and family life.
2. Limitations on citizenship and civil capacity may only be imposed in the cases and to the extent foreseen by law, and may not be based on political reasons.

Article 45

1. Workers have the freedom to join trade unions as a form of promoting unity, defending their rights and protecting their interests.
2. In the exercise of the freedom to join a trade union, the worker is guaranteed, without any discrimination:
   1. Liberty of establishing, organizing and deciding on internal rules of association;
   2. The right to exercise trade union activities within companies, in accordance with the law.
3. Trade unions are independent from the state, patronage, religious beliefs, political parties or other political associations.
4. The law ensures adequate protection to trade union representatives against any form of restriction on the legitimate undertaking of their functions.
5. Trade unions have to abide by the principles of democratic organization and management, based on regular elections by secret ballot of executive bodies, which shall not be subject to any form of authorization or homologation of workers, and that shall apply to all range of trade union activities.

Article 46

1. Workers have a right to protection, security and hygiene at work.
2. The worker can only be dismissed in the cases and terms established by law; dismissal for political or ideological motives is prohibited.
3. The State will gradually establish a system capable of guaranteeing workers social security pensions in old age, in sickness or when incapacitated.

Article 47

1. It is recognized that all workers have the right to strike in accordance with the law, and they are entitled to define the professional interest to be defended by means of the strike; the law shall establish the limitations on strikes in essential services and activities in the interests of the overriding needs of society.
2. The lock-out is forbidden.

Article 48

1. The State recognizes the citizens’ right to the inviolability of the home, correspondence and other means of private communication, except in cases expressly provided for in the law in relation to criminal proceedings.
2. Entrance into a domicile without consent can only be ordered by the competent judicial authority in the cases and in the manner prescribed by law.

Article 49

1. All citizens have the right and the duty to education.
2. The State shall gradually promote the gratuity and the equal opportunity of citizens’ access to the diverse levels of education.
3. The right of creating private and cooperative schools is guaranteed.
4. Public schools will not be religiously oriented.

Article 50

1. Intellectual, artistic and scientific creations are free if not contradictory to the promotion of social progress.
2. This liberty comprises the right to invent, produce and spread scientific, literary or artistic works.
3. The law will protect authors’ rights.

Article 51

1. All have the right to freely express and spread their thoughts by any means available, as well as to inform, look for information and be informed without any hindering or discrimination.
2. The exercise of this right may not be impeded or limited by any type of censorship.
3. All persons, single or collective, are assured the right to answer and to request corrections, in an equal and efficient manner, as well as the right to receive indemnification for damages.

Article 52

1. Freedom of conscience and of religion is inviolable.
2. All are assured the liberty of worship, which in no manner may violate the fundamental principles established by this Constitution.
3. The freedom to teach any religion under its denomination is guaranteed.

Article 53

All citizens have the right to freedom of movement in all parts of the national territory.

Article 54

1. Citizens have the right to peaceful assembly in all spaces open to the public, in accordance with the law.
2. All citizens have the right to demonstrate, in accordance with the law.

Article 55

1. Citizens have the right to, freely and without requiring any specific authorization, start associations, as long as they are not promoting violence and their objectives are not contrary to the law.
2. Associations conduct their affairs freely without interference of public authorities and cannot be dissolved by the State or have their activities suspended except in the cases provided for by the law and as a result of judicial decision.
3. Armed, military, militarized and paramilitary associations are not allowed, nor organizations that promote racism or tribalism.

Article 56

1. Freedom of press is assured.
2. The creation of radio and television networks requires a license, issued in accordance with the law.
3. The State will establish a service of press, radio and television, that is independent of economic and political interests, and that assures the expression and confrontation of the various strands of public opinion.
4. To ensure the aforementioned and to assure the respect for ideological pluralism, a National Council for Social Communications shall be created, and it shall be an independent body of which the composition and functioning shall be defined by law.

Article 57

Political parties have the right to airtime on the radio and television in accordance with the law.

Article 58

In accordance with national development, the State will progressively create the conditions required for the full accomplishment of the economic and social rights established by this Part II.