Timor-Leste 2002 Constitution

PART II. RIGHTS, DUTIES, LIBERTIES AND FUNDAMENTAL GUARANTEES

TITLE I. GENERAL PRINCIPLES

Article 16. Universality and Equality

1. All citizens are equal before the law, shall exercise the same rights and shall be subject to the same duties.
2. No one may be discriminated against on grounds of color, race, marital status, gender, ethnic origin, social or economic status, political or ideological convictions, religion, education or physical or mental condition.

Article 17. Equality Between Women and Men

Women and men have the same rights and duties in all areas of political, economic, social, cultural and family life.

Article 18. Child Protection

1. Children are entitled to special protection by the family, the community and the State, particularly against all forms of abandonment, discrimination, violence, oppression, sexual abuse and exploitation.
2. Children shall enjoy all rights that are universally recognized, as well as all those that are enshrined in international conventions normally ratified or approved by the State.
3. Every child born in or outside wedlock shall enjoy the same rights and social protection.

Article 19. Youth

1. The State shall promote and encourage youth initiatives towards the consolidation of national unity, reconstruction, defense and development of the country.
2. The State shall promote education, health and vocational training for the youth as may be practicable.

Article 20. Old Age

1. All old age citizens have the right to special protection by the State.
2. The old age policy entails measures of economic, social and cultural nature designed to provide the elderly with opportunities for personal achievement through active and signifying participation in the community.

Article 21. Disabled Citizen

1. A disabled citizen shall enjoy the same rights and shall be subject to the same duties as all other citizens, except for the rights and duties which they are unable to exercise or fulfill due to their disability.
2. The State shall promote the protection of disabled citizens as may be practicable and in accordance with the law.

Article 22. East Timorese Citizens Overseas

East Timorese citizens who are or live overseas enjoy protection by the State for the exercise of their rights and are subject to duties not incompatible with their absence from the country.

Article 23. Interpretation of Fundamental Rights

Fundamental rights enshrined in the Constitution shall not exclude any other rights provided for by the law and shall be interpreted in accordance with the Universal Declaration of Human Rights.

Article 24. Restrictive Laws

1. Restriction of rights, freedoms and guarantees can only be imposed by law in order to safeguard other constitutionally protected rights or interests and in cases clearly provided for by the Constitution.
2. Laws restricting rights, freedoms and guarantees have necessarily a general and abstract nature and may not reduce the extent and scope of the essential contents of constitutional provisions and shall not have a retroactive effect.

Article 25. State of Exception

1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of emergency has been declared as provided for by the Constitution.
2. A state of siege or a state of emergency shall only be declared in case of actual or impending aggression by a foreign force, of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public calamity.
3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which is to be suspended.
4. A suspension cannot be extended for more than thirty days, without prejudice of possible justified renewal, when absolutely necessary, for equal periods of time.
5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defense in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and the guarantee of non-discrimination.
6. Authorities are obligated to restore constitutional normality as soon as possible.

Article 26. Access to Courts

1. Access to courts is guaranteed to all for the defense of their legally protected rights and interests.
2. Justice shall not be denied for insufficiency of economic means.

Article 27. The “Ombudsman” (The Defender of Human Rights and Justice)

1. The Ombudsman is an independent organ in charge to examine and seek to settle citizens’ complaints against public bodies, certify the conformity of the acts with the law, prevent and initiate the whole process to remedy injustices.
2. Citizens may present complaints concerning acts or omissions on the part of public bodies to the Ombudsman, who shall undertake a review, without power of decision, and shall forward recommendations to the competent organs as deemed necessary.
3. The Ombudsman shall be appointed by the National Parliament by absolute majority votes of its members for a term of office of four years.
4. The activity the Ombudsman shall be independent from any means of grace and legal remedies as provided for in the Constitution and the law.
5. Administrative organs and public servants have the duty to collaborate with the Ombudsman.

Article 28. Right to Resistance and Self-Defense

1. All citizens have the right to disobey and to resist illegal orders or orders that affect their fundamental rights, freedoms and guarantees.
2. The right to self-defense is guaranteed to all, in accordance with the law.

TITLE II. RIGHTS, FREEDOMS AND PERSONAL GUARANTEES

Article 29. Right to Life

1. Human life is inviolable.
2. The State recognizes and guarantees the right to life.
3. There is to be no death penalty in the Democratic Republic of East Timor.

Article 30. Right to Freedom, Security and Personal Integrity

1. All have the right to freedom, security and personal integrity.
2. No one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention should always be presented for consideration by the competent judge within the legal time frame.
3. Any individual who is deprived of freedom shall be immediately informed, in a clear and precise manner, of the reasons for the detention or arrest, as well as of their rights, and allowed to contact a lawyer, directly or through a relative or a trusted person.
4. No one shall be subjected to torture and cruel, inhuman or degrading treatment.

Article 31. Application of Criminal Law

1. No one can be subjected to trial, except in accordance with the law.
2. No one can be tried and convicted for an act that does not qualify in the law as a criminal offence at the moment it was committed, nor endure security measures the provisions of which are not expressly established in previous law.
3. Penalties or security measures not expressly provided for by law at the moment the criminal offence was committed cannot be enforced.
4. No one can be tried and convicted for the same criminal offense more than once.
5. Criminal law cannot be enforced retroactively, except when the new law is in favor of the accused.
6. Anyone who has been unjustly convicted has the right to a fair compensation in accordance with the law.

Article 32. Limits on Sentences and Security Measures

1. In the Democratic Republic of East Timor, there is no perpetual imprisonment nor security measures for unlimited or indefinite duration.
2. In case of danger as a result of mental illness, security measures may be successively extended by judicial decision.
3. Criminal liability is not susceptible to transmission.
4. Persons who are subjected, on conviction, to a sentence or a security measure involving loss of freedom remain entitled to fundamental rights, subject to the limitations that necessarily derive from that conviction and from the requirements for its enforcement.

Article 33. Habeas Corpus

1. Any person who is illegally deprived of freedom has the right to apply for habeas corpus.
2. An application for habeas corpus shall be made in accordance with the law by the detainee or by any other person in the exercise of their civil rights.
3. The court shall rule on the application for habeas corpus within eight days at a hearing in the presence of both parties.

Article 34. Guarantees in Criminal Proceedings

1. Everyone charged with an offence is presumed innocent until convicted.
2. An accused person has the right to select, and be assisted by a lawyer at all states of the proceedings and the law shall determine the circumstances for which the presence of the lawyer is obligatory.
3. Every individual is guaranteed the inviolable right of a hearing and defense in criminal proceedings.
4. Evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful interference with private life, the domicile, correspondence or other forms of communication.

Article 35. Extradition and Expulsion

1. Extradition shall only take place based on a court decision.
2. Extradition on political grounds is prohibited.
3. Extradition in respect of offences punishable, under the law of the requesting State, by death penalty or life imprisonment or whenever there are grounds to assume that the person to be extradited may be subjected to torture and inhuman, degrading and cruel treatment, shall not be permitted.
4. An East Timorese national shall not be expelled or expatriated from the national territory.

Article 36. Right to Honor and Privacy

All individuals have the right to honor, good name and reputation, protection of their public image and privacy of their personal and family life.

Article 37. Inviolability of the Domicile and Correspondence

1. The domicile, the correspondence and the privacy of and other means of communication are inviolable, except in cases provided for by law as a result of criminal proceedings.
2. Any person’s home shall not be entered against their will, except under the written order of a competent judicial authority and in the cases and manner prescribed by law.
3. Entry into any person’s home at night against their will is expressly prohibited, except in case of serious threat to life or physical integrity of somebody inside the home.

Article 38. Protection of Personal Data

1. All citizens have the right to access personal data stored in a computer system or entered into mechanical or manual records regarding them, and may require their rectification and actualization, and have the right to know their purpose.
2. The law determines the concept of personal data, as well as the conditions applicable to the processing thereof.
3. The processing of personal data on private life, political and philosophical convictions, religious faith, party or trade union membership and ethnical origin, without the consent of the interested person, is prohibited.

Article 39. Family, Marriage and Maternity

1. The State protects the family as the society’s basic unit and condition for the harmonious development of the person.
2. All have the right to establish and live in a family.
3. Marriage is based upon free consent by the parties and on terms of full equality of rights between spouses, in accordance with the law.
4. Maternity is dignified and protected, and special protection shall be guaranteed to all women during pregnancy and after delivery and working women shall have the right to be exempted from the workplace for an adequate period before and after delivery, without loss of remuneration or any other benefits, in accordance with the law.

Article 40. Freedom of Expression and Information

1. All persons have the right to freedom of expression and the right to inform and be informed impartially.
2. The exercise of freedom of expression and information cannot be limited by any type of censorship.
3. The exercise of rights and liberties referred to in this Article is regulated by law based on the imperative of respect for the Constitution and the dignity of the human person.

Article 41. Freedom of the Press and Means of Social Communication

1. Freedom of the press and other means of social communication is guaranteed.
2. Freedom of the press comprises, namely, the freedom of expression and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of diffusion.
3. A monopoly on the means of social communication is not permitted.
4. The State guarantees the freedom and independence of the public organs of social communication from political and economic powers.
5. The State guarantees the existence of a public radio and television service that is impartial in order to, among other objectives, protect and disseminate the culture and the traditional values of the Democratic Republic of East Timor and guarantee the expression of different opinions.
6. Radio and television stations can operate only under a license, in accordance with the law.

Article 42. Freedom of Assembly and Manifestation

1. All are guaranteed the freedom to assemble peacefully and unarmed, without a need of prior authorization.
2. To all is recognized the right of manifestation in accordance with the law.

Article 43. Freedom of Association

1. To all is guaranteed the freedom of association provided that the association is not intended to promote violence and is in accordance with the law.
2. No one can be compelled to join an association or to remain in it against their will.
3. The establishment of armed, military or paramilitary associations, including organizations of a racist or xenophobic nature or that promote terrorism, is prohibited.

Article 44. Freedom of Movement

1. Every individual has the right to move freely and to settle anywhere in the national territory.
2. Every citizen is guaranteed the right to emigrate freely, as well as the rights to return to the country.

Article 45. Freedom of Conscience, Religion and Worship

1. To all is guaranteed the freedom of conscience, religion and worship and the religious denominations that are separated from the State.
2. No one can be persecuted or discriminated against on the basis of their religious convictions.
3. The right to be a conscientious objector is guaranteed in accordance with the law.
4. The freedom to teach any religion in the framework of the respective religious denomination is guaranteed.

Article 46. Right to Political Participation

1. Every citizen has the right to participate in the political life and in the public affairs of the country, either directly or through democratically elected representatives.
2. Every citizen has the right to establish and to participate in political parties.
3. The establishment and organization of political parties shall be regulated by law.

Article 47. Right to Vote

1. Every citizen over the age of seventeen has the right to vote and to be elected.
2. The exercise of the right to vote is personal and constitutes a civic duty.

Article 48. Right to Petition

Every citizen has the right to present, individually or jointly with others, petitions, complaints and claims to organs of sovereignty or any authority for the purpose of defending their rights, the Constitution, the law or general interests.

Article 49. Defense of Sovereignty

1. Every citizen has the right and the duty to contribute towards the defense of independence, sovereignty and territorial integrity of the country.
2. Service in the army takes place in accordance with the law.

TITLE III. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES

Article 50. Right to Work

1. Every citizen, regardless of gender, has the right and the duty to work and to choose freely his or her profession.
2. The worker has the right to labor safety and hygiene, remuneration, rest and vacation.
3. Dismissal without just cause or on political, religious and ideological grounds is prohibited.
4. Compulsory work, without prejudice to the cases provided for under penal legislation, is prohibited.
5. The State shall promote the establishment of co-operatives of production and shall lend support to household businesses as sources of employment.

Article 51. Right to Strike and Prohibition of Lock-Out

1. The workers have the right to resort to strike, the exercise of which shall be regulated by law.
2. The law defines the conditions under which services are provided, during a strike, that are necessary for the safety and maintenance of equipment and facilities, as well as minimum services that are necessary to meet essential social needs.
3. Lock-out is prohibited.

Article 52. Trade Union Freedom

1. Every worker has the right to form or join trade unions and professional associations in defense of their rights and interests.
2. Trade union freedom is sub-divided, namely, into freedom of establishment, freedom of membership and freedom of organization and internal regulation.
3. Trade unions and trade union associations shall be independent of the State and the employers.

Article 53. Consumer Rights

1. Consumers have the right to goods and services of good quality, to truthful information and protection of their health, safety and economic interests, and to reparation for damages.
2. Advertising is regulated by law, and all forms of concealed, indirect or misleading advertising are prohibited.

Article 54. Right to Private Property

1. Every individual has the right to private property and can transfer it during their lifetime or on death, in accordance with the law.
2. Private property shall not be used to the detriment of its social function.
3. The requisitioning and expropriation of property for public purposes shall only take place following fair compensation in accordance with the law.
4. Only national citizens have the right to ownership of land.

Article 55. Obligations of the Taxpayer

Every citizen with a certified income has the duty to pay tax in order to contribute to public revenues, in accordance with the law.

Article 56. Social Security and Assistance

1. All citizens are entitled to social assistance and security in accordance with the law.
2. The State shall promote, in accordance with its national resources, to the organization of a social security system.
3. The State supports and supervises the activity and the functioning of institutions of social solidarity and other non-profit institutions of recognized public interest, in accordance with the law.

Article 57. Health

1. All have the right to health and medical care, and the duty to protect and promote them.
2. The State promotes the establishment of a national health service that is universal and general. The national health service shall be free of charge in accordance with the possibilities of the State and in conformity with the law.
3. The national health service shall have, as much as possible, a decentralized participatory management.

Article 58. Housing

All have the right to housing for themselves and their family, of adequate size that meets satisfactory standards of hygiene and comfort and preserves personal intimacy and family privacy.

Article 59. Education and Culture

1. The State recognizes and guarantees that every citizen has the right to education and culture, and it is incumbent upon it to promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its possibilities and in conformity with the law.
2. Everyone has the right to equal opportunities and education and vocational training.
3. The State recognizes and supervises private and co-operative education.
4. The State shall ensure the access of every citizen, in accordance to their abilities, to the highest levels of education, scientific research and artistic creativity.
5. Everyone has the right to cultural enjoyment and creativity and the duty to preserve, protect and value cultural heritage.

Article 60. Intellectual Property

The State guarantees and protects the creation, production and commercialization of literary, scientific and artistic work, including the legal protection of the rights of authors.

Article 61. Environment

1. All have the right to a humane, healthy, and ecologically balanced environment and the duty to protect it and improve it for the benefit of the future generations.
2. The State recognizes the need to preserve and rationalize natural resources.
3. The State shall promote actions aimed at protecting the environment and safeguarding the sustainable development of the economy.