CHAPTER TWO. Rights and Freedoms
Article 38. Protecting the Right to Life
Every human being has the right to life. The State shall adopt the necessary measures to ensure indemnity of the dead when the criminal is unknown in accordance with what the law regulates.
Article 39. Right to Safety
Every human being has the right to personal, physical, and mental safety. Material gain from a human being and its organs shall not be permissible. The State shall adopt the necessary measures to compensate victims of calamities for citizens and legal residents.
Article 40. Security and Peace
Every human being has the right to security and peace. The State shall be committed to providing security and peace to its citizens and residents in its territory.
Article 41. Human Dignity
The State shall be committed to protecting human dignity and preventing all types of violence, torture, and enforced disappearance. No statutory limitation shall apply to their crimes. All forms of human trafficking and degrading treatment shall be prohibited, as well as forced labor unless out of a necessity or an alternative penalty.
Article 42. Sanctity of Private Life
Private life shall enjoy its sanctity. Private places may not be entered except for a necessity, and they may not be searched except in the case of flagrante delicto or with a court warrant. Personal data may not be violated, and communications and correspondence may not be monitored except based on the permission of the authorized judge.
Article 43. Rights of Foreigners
Foreigners who have legal residency have the right to movement and may own a residence. Deporting them collectively or arbitrarily shall be prohibited. Extraditing those who are accused or sentenced shall be prohibited if they are expected to face torture, as is appropriate within judicial guarantees.
The State shall be committed to observing the interest of the Libyan husband, wife, and children in rulings of deportation, extradition, and granting visas and residency.
Article 44. Displacement
Forced displacement of all forms shall be prohibited, and the State shall guarantee reparations and the right of return.
Article 45. Crimes Against Humanity
All patterns of behavior that constitute crimes against humanity, war crimes, and genocide shall be prohibited. No statutory limitation shall apply to them, and they shall not be pardonable as is consistent with the provisions of this Constitution. International jurisdiction shall be left to the Libyan judiciary.
Article 46. Freedom of Expression and Publication
Freedom of expression and its preservation shall not be separated. The State shall guarantee freedom of expression and publication and shall adopt the necessary measures to protect private life. The State shall prohibit incitement to hatred, violence, and racism, as well as declaring others as infidels and imposing ideas by force.
Article 47. Freedom of Press and Media
The State shall guarantee the freedom, plurality, and independence of the press and media. Citizens shall have the right to ownership of press and media outlets. They shall be regulated in a way that agrees with the foundations of a democratic society and Libyan character. Press and media may not be banned except by a court order and dissolved except by a court ruling. Precautionary imprisonment in cases of journalism shall not be permissible.
Article 48. Right to Vote and Run for Office
Every citizen has the right to vote in referenda and to vote or run for office in free, fair, transparent, and equitable elections in which all citizens are equal in accordance with the law. No citizen may be deprived of referenda, nomination, or election except based on a court ruling.
Article 49. Freedom to Form Political Parties
Every individual shall have the right to choose his/her political leanings. The State shall guarantee the freedom to form political parties based on national unity, transparent financing, and renunciation of violence and hate speech. Every citizen may join or withdraw from political parties without discrimination.
Article 50. Civil Society
The State shall guarantee the freedom to form civil society organizations and right of affiliation according to the necessary standards for balancing the requirements of independence and the needs of transparency. They may not be suspended except by court order or dissolved except by court ruling.
Article 51. Right to Participation
The State shall guarantee for citizens and civil society organizations the right to democratic participation in their realm of activity by submitting petitions or legislative proposals in accordance with an issued regulatory law.
Article 52. Freedom of Assembly, Association, and Demonstration
The State shall guarantee the right to peaceful assembly, association, and demonstration, and it shall adopt the necessary measures to protect property and persons. It shall not use force except at a minimum level and in the case of necessity.
Article 53. Right to Movement and Residency
The State shall guarantee for all citizens the right to movement and residency, to move property, the freedom to exercise economic activity within the entirety of the country, freedom of travel, and the right to immigration. A travel ban shall only be by a court order and for a period defined by the law. No citizen may be deported or prevented from returning home. Extradition shall also be prohibited except based on international obligation by an international judicial body.
Article 54. Rights of Libyans Abroad
The State shall adopt the necessary measures to protect and preserve Libyans abroad, ensure their affiliation with their home country, participation in the electoral process, and their contribution to development. The State shall follow violation of their rights and extend the jurisdiction of the Libyan judiciary pertaining to these rights.
Article 55. Transparency and Right to Information
The State shall adopt the necessary measures for transparency and shall ensure the freedom of receiving, sending, exchanging, access to information, and multiplying its sources. This freedom shall not compromise military secrets, secrets of public security, the requirements of the administration of justice, the sanctity of private life, what was agreed upon with another country as secret, or the right to keep the source confidential.
Article 56. Right to Food and Water
The State shall guarantee to citizens the right to safe and adequate drink and food and shall formulate the necessary policies to achieve water and food security.
Article 57. Right to Health
Health is a right for every human being and is a duty upon the State and society. The right to live in a sound environment is guaranteed to all. The State shall guarantee comprehensive and quality healthcare to all citizens and shall provide preventive services to them. It shall also provide treatment services to them in all stages based on a system of mutual understanding of responsibility. It shall ensure the fair geographic distribution of health facilities. Not providing treatment in various forms to any human being in cases of emergency or a danger to life shall be prohibited.
Article 58. Supporting Rights of Women
Women are sisters of men. The State shall be committed to supporting and caring for women, enacting laws to protect them, promoting their status in society, eliminating the negative culture and social customs that belittle their dignity, preventing discrimination against them, and ensuring accessible opportunities for them in all sectors. The State shall adopt the necessary measures to support their acquired rights.
Article 59. Right to Decent Life
- The State shall guarantee to all citizens decent life and welfare commensurate with its economic conditions.
- Social security is a right for citizens. The State shall protect the rights of its residents.
- Society shall be based on social solidarity. The State shall guarantee decent life to for the needy, including elderly, orphans, widows, divorcees, those who do not marry at an early age, and those who have lost support.
- The State shall guarantee the rights of the retired to ensure that pensions are compatible with legal positions irrespective of the date of retirement.
- The State shall be committed to providing social care and education for children of unknown parentage to ensure their integration within society and that they enjoy all rights without discrimination. The law shall regulate their situations to achieve this.
- With the exception of political rights, the foreign children of Libyan women shall enjoy all the rights that the Libyan citizen enjoys.
In all events, the State shall draft the necessary regulations to achieve cooperation and social solidarity between citizens.
Article 60. Intellectual Property
The State shall protect the material and intangible rights of intellectual property in all forms and in all domains. The State shall support it in accordance with what is specified by the law.
Article 61. Right to Education
Education shall be a protected right, which the State shall be committed to promoting and providing to every citizen based on his mental and scientific capacities without discrimination. Education shall be compulsory until the age of eighteen and free to citizens in all stages at public education institutions and in accordance with what the law determines for resident foreigners. The State shall support private education and ensure its compliance with educational policies. The State shall also ensure the inviolability of educational institutions.
Educational curricula shall be based on the standards of quality in accordance with international standards and the teachings and values of the Islamic religion, benefiting from human experiences, strengthening the concept of citizenship, social harmony, and peaceful coexistence, and teaching human rights and fundamental freedoms.
Article 62. University Education and Scientific Research
The State shall adopt the necessary measures for the independence of universities and research centers and shall guarantee competitiveness and academic freedom for them in line with general national standards. The right of affiliation shall not be restricted except according to the standards of appropriate scientific knowledge for the specialization.
The State shall adopt the necessary measures to develop scientific research and provide it with institutional frameworks. It shall ensure the rights of researchers and their creations and innovations, sponsor creative, innovative, and talented persons, and provide them with the means to display and develop their competencies.
Article 63. Artistic and Vocational Education
The State shall promote and develop artistic and vocational education in line with the requirements of development.
Article 64. Priority of Education and Scientific Research
Priority shall be given to various levels of education and to scientific research in the progressive distribution of national income ratios to agree with international standards.
Article 65. National Languages and Cultures
Every person shall have the right to use and learn national languages and to participate in cultural life, either individually or collectively. The State shall protect national languages and provide the necessary means to learn and use them in the media. The State shall also guarantee the protection and promotion of local cultures, heritage, traditional knowledge, literature, and arts, and shall disseminate cultural services.
Article 66. Right to Work
Every citizen has the right to work. The State shall work to provide safe and healthy conditions. The employee has the right to choose the type of work and the fairness of its terms, and to join trade and labor unions. The State shall promote this and provide opportunities for job seekers.
Article 67. Right to Enterprise
The State shall guarantee the right to enterprise under free competition while barring monopolistic practices and not to harm others or harm the interest of society.
Article 68. Private Property
Private property shall be safeguarded as a right. No custodianship shall be imposed on private property except by a court order and in the cases that are determined by the law. It shall not be taken away except for the general good and in exchange for fair compensation. In cases other than emergency and martial law, compensation for property shall be paid in advance and property shall not be seized except by a court order. General seizure shall be prohibited.
Article 69. Rights of the Child
The State shall adopt all measures for the child to fully enjoy his/her rights and protect him/her from conditions that endanger his/her interests, education, and growth. The State shall adopt legislation and policies based on the child’s best interest.
Article 70. Rights of Persons with Disability
The State shall be committed to guaranteeing the health, social, educational, economic, and entertainment rights of persons with disability. The State shall protect persons with disability and create the necessary institutional framework to meet their needs. It shall provide the proper working conditions, accommodating environment for them, support communications and ways to integrate them into society in a complete and effective manner.
Article 71. Right to Litigation
The right to litigation shall be guaranteed for all. Every person shall have the right to a fair trial before his normal judge and within a reasonable period in which all guarantees shall be provided. No legislation shall be immune from appeal, and no conduct detrimental or threatening to rights and freedoms may be excluded from the jurisdiction of the judiciary.
Article 72. Principle of Criminal Legitimacy and Origin of Acquittal
Crimes shall be classified into felonies, misdemeanors, and violations. There shall be no felony or misdemeanor except by law; there shall be no sentence depriving them of freedom for violations; there shall be no sentence except for actions that are committed after a law becomes effective. The sentence shall be personal and proportionate to the crime and its perpetrator. An accused person shall be innocent until proven guilty
Article 73. Procedural Guarantees
Every individual shall enjoy the respect of human dignity, as is his/her right, in all criminal proceedings. The competent authorities shall provide grounds for their orders that affect rights and freedoms. There shall be no detention except in designated places and for a specific legal period that is proportionate to the accusation, while making this known to the competent judicial body and the family or chosen person of the detained. His place shall be specified and he shall be given enough time and the necessary facilities to prepare his defense. He shall be informed of his right to not be forced to submit evidence against himself or his responsibility for any statements he makes, to choose and contact an attorney, and to seek the help of a translator. The State shall guarantee judicial assistance.
Article 74. Deprivation of Freedom
Every individual has the right to personal freedom. There shall be no deprivation of freedom except in the case of insufficient measures, procedures, or alternative penalties. Any person who is deprived of his/her freedom as a precaution or in implementation of a sentence shall be entitled to proper reparations upon acquittal or an order that there is no cause for punishment because of an unsubstantiated crime or a lack of evidence based on the stipulations of the law.
Article 75. Restrictions on Exercising Rights and Freedoms
Any restriction of rights and freedoms must be necessary, clear, defined, and proportionate to the interest to be protected and the characteristics of democratic society. Going back on legal guarantees shall be prohibited by law in a way that does not contradict the provisions of this Constitution.
Article 76. Drafting Legislative and Executive Policies
All legislative and executive policies and development programs shall be founded on the protection and promotion of human rights. In this regard, the State shall periodically evaluate its legislation and policies with subsequent publication of the bases and results of the evaluation in the official newspaper.
