Constitution

Syrian Arab Republic 2012 Constitution

Table of Contents

Title II. Rights, Freedoms and the Rule of Law

Chapter I. Rights and Freedoms

Article 33

  1. Freedom shall be a sacred right and the state shall guarantee the personal freedom of citizens and preserve their dignity and security;
  2. Citizenship shall be a fundamental principle which involves rights and duties enjoyed by every citizen and exercised according to law;
  3. Citizens shall be equal in rights and duties without discrimination among them on grounds of sex, origin, language, religion or creed;
  4. The state shall guarantee the principle of equal opportunities among citizens.

Article 34

Every citizen shall have the right to participate in the political, economic, social and cultural life and the law shall regulate this.

Article 35

Every citizen shall be subjected to the duty of respecting the Constitution and laws.

Article 36

  1. The inviolability of private life shall be protected by the law;
  2. Houses shall not be entered or inspected except by an order of the competent judicial authority in the cases prescribed by law.

Article 37

Confidentiality of postal correspondence, telecommunications and radio and other communication shall be guaranteed in accordance with the law.

Article 38

  1. No citizen may be deported from the country, or prevented from returning to it;
  2. No citizen may be extradited to any foreign entity;
  3. Every citizen shall have the right to move in or leave the territory of the state, unless prevented by a decision from the competent court or the public prosecution office or in accordance with the laws of public health and safety.

Article 39

Political refugees shall not be extradited because of their political beliefs or for their defense of freedom.

Article 40

  1. Work shall be a right and a duty for every citizen, and the state shall endeavor to provide for all citizens, and the law shall organize work, its conditions and the workers’ rights;
  2. Each worker shall have a fair wage according to the quality and output of the work; this wage shall be no less than the minimum wage that ensures the requirements of living and changes in living conditions;
  3. The state shall guarantee social and health security of workers.

Article 41

Payment of taxes, fees and public costs shall be a duty in accordance with the law.

Article 42

  1. Freedom of belief shall be protected in accordance with the law;
  2. Every citizen shall have the right to freely and openly express his views whether in writing or orally or by all other means of expression.

Article 43

The state shall guarantee freedom of the press, printing and publishing, the media and its independence in accordance with the law.

Article 44

Citizens shall have the right to assemble, peacefully demonstrate and to strike from work within the framework of the Constitution principles, and the law shall regulate the exercise of these rights.

Article 45

Freedom of forming associations and unions shall be based on a patriotic basis, for lawful purposes and by peaceful means which are guaranteed in accordance with the terms and conditions prescribed by law.

Article 46

  1. Compulsory military service shall be a sacred duty and is regulated by a law;
  2. Defending the territorial integrity of the homeland and maintaining the secrets of state shall be a duty of every citizen.

Article 47

The state shall guarantee the protection of national unity, and the citizens’ duty is to maintain it.

Article 48

The law shall regulate the Syrian Arab citizenship.

Article 49

Election and referendum are the right and duty of the citizens and the law shall regulate their exercise.

Chapter II. The Rule of Law

Article 50

The rule of law shall be the basis of governance in the state.

Article 51

  1. Punishment shall be personal; no crime and no punishment except by a law;
  2. Every defendant shall be presumed innocent until convicted by a final court ruling in a fair trial;
  3. The right to conduct litigation and remedies, review, and the defense before the judiciary shall be protected by the law, and the state shall guarantee legal aid to those who are incapable to do so, in accordance with the law;
  4. Any provision of the law shall prohibit the immunity of any act or administrative decision from judicial review.

Article 52

Provisions of the laws shall only apply to the date of its commencement and shall not have a retroactive effect, and it may apply otherwise in matters other than criminal.

Article 53

  1. No one may be investigated or arrested, except under an order or decision issued by the competent judicial authority, or if he was arrested in the case of being caught in the act, or with intent to bring him to the judicial authorities on charges of committing a felony or misdemeanor;
  2. No one may be tortured or treated in a humiliating manner, and the law shall define the punishment for those who do so;
  3. Any person who is arrested must be informed of the reasons for his arrest and his rights, and may not be incarcerated in front of the administrative authority except by an order of the competent judicial authority;
  4. Every person sentenced by a final ruling, carried out his sentence and the ruling proved wrong shall have the right to ask the state for compensation for the damage he suffered.

Article 54

Any assault on individual freedom, on the inviolability of private life or any other rights and public freedoms guaranteed by the Constitution shall be considered a punishable crime by the law.