Yemen 2015 Draft Constitution

Table of Contents

Chapter II. Rights and Freedoms

Article 72. Dignity

The right to dignity is a right of each human being, and shall not be prejudiced or derogated. The State shall be committed to ensuring respect and protection of such rights.

Article 73. Life

Everyone has the right to life; and the law shall protect this right.

Article 74. Equality before the law

The people are equal before the law.

Article 75. Non-discrimination

Citizens shall have equal rights, freedoms and public duties without discrimination due to sex, skin color, race, origin, religion, sect, belief, opinion, economic or social status, disability, political or geographical affiliation, occupation, birth, or any other considerations.

Article 76. Legislation on political participation for women

To give effect to the principle of equal citizenship, the State shall enact legislation and take measures, to achieve effective political participation for women to ensure access to at least 30% in various authorities and bodies.

Article 77. Prohibition against torture

  1. Everyone has the right to physical, mental and psychological integrity.
  2. Physical, mental, psychological torture or physical and sexual exploitation are prohibited. Trafficking human organs shall be prohibited.
  3. No medical or scientific experimentation on a person’s body shall be conducted without prior, free and documented consent based on true information and in accordance with established medical principles.

Article 78. Slavery

Slavery, servitude, forced labor and human trafficking shall be prohibited.

Article 79. Personal freedom

Personal freedom is guaranteed for everyone, in accordance with the provisions of the Constitution and the law.

Article 80. Movement

  1. Every citizen has the right to stay, reside and move anywhere in the Republic.
  2. Every citizen has the right to obtain a passport, leave the territory of the Republic and return to it freely. Banishment of any citizen or prevention from returning to the country shall be prohibited.

Article 81. Deportation

Everyone residing legally in the territory of the Republic has the right of movement and the right to leave. A person may not be deported unless in according with the provisions of the law.

Article 82. Belief

  1. Everyone has a right to freedom of belief, conscience, thought and opinion in a manner that does not contravene the Constitution. Imposing any opinion, thought or belief on anyone by force shall be criminalized.
  2. Practicing religious rituals shall be a guaranteed right for every individual.

Article 83. Assembly

The right to express political opinions and choices, through public assemblies and marches, demonstrations, strikes, pickets and all forms of peaceful protests, free of weapons; and only by prior notification, provided that no damages is caused to public or private property and the rights of others is guaranteed for all. Obstruction of these rights or derogation thereof in any form shall be prohibited.

Article 84. Expression

Freedom of expression, freedom to access information or ideas and freedom of literary, artistic and cultural creativity, freedom of scientific research and freedom to criticize the performance of State institutions shall be guaranteed for every person.

Article 85. Media

  1. Freedom of all media outlets shall be protected, including the freedom to establish media institutions, the right to professional independence and the right to protect the identity of sources.
  2. The media shall exercise its mission freely and shall express differing views within the framework of the basic values of society.
  3. The media may not be subjected to administrative censorship over its publications and its activities may not be suspended or confiscated; unless by a court order.
  4. The arrest or detention of journalists for exercising their journalistic activities is prohibited.

Article 86. Culture

Every individual has the right to culture. The State shall ensure the promotion of cultural production and translation, and facilitate access to cultural materials.

Article 87. Participation in political life

All citizens, whether male or female, have the right to active participation in political life, stand for public office and to vote in all elections and referenda.

Article 88. Personal information

Each person has the right of access to any personal information being held at any State institution; and has the right to correct any personal information that may be inaccurate. Each person has the right, by means of a judicial order, to access any information or documents, in the possession of another person, which may be necessary for guaranteeing and protecting his or her rights.

Article 89. Right to protection

Witnesses, whistleblowers, investigators and law enforcement officials have the right of protection; and the State shall guarantee thereof.

Article 90. Private life

A person’s private life is inviolable and has sanctity, and privacy is guaranteed. No monitoring or access to postal and e-mail correspondence, wire-tapping of telephone conversations and other means of communication, except by a causal judicial warrant, for a specific period of time and in cases prescribed by law.

Article 91. Houses and private establishments

  1. Houses and private establishments have sanctity. Except in cases of flagrante delicto or in order to prevent serious harm to persons or property, they shall not be entered, monitored, searched, wire-tapped or closed except by means of a causal judicial warrant, for a specific period of time, in cases provided by law and in a manner that protects the dignity of residents. Before any action is taken the judicial order shall be shown and a copy thereof given to the resident of the house or establishment.
  2. Houses of worship and scholarship have sanctity, and may not be monitored or searched except in accordance with the law.

Article 92

No person shall be arrested, detained, searched or have their freedom restricted unless in cases of flagrante delicto or by a causal judicial order required by an investigation in accordance with the law. The person shall be immediately informed of the reason for the restriction of their freedom, be shown the judicial order and allowed to contact relatives or a lawyer and must be informed of his or her right to remain silent and not to make any statements or confessions that may be used as evidence against them. No questioning of the person shall commence unless in the presence of a lawyer. If the person does not have a lawyer, one shall be appointed. The person shall be treated with respect in a manner that protects their dignity during arrest and during restriction of their freedom. The person may not be detained unless in places specifically designated for this purpose, which shall be decent and appropriate for human dignity and not harmful to a person’s health.

Article 93

The person under arrest shall be brought before before the judiciary within twenty-four hours from the moment the arrest took place. If a causal judicial order has not been issued to continue detention, the person shall immediately be released. The Public Prosecution may not order continued detention for more than seven days unless by an order by a competent judge. The law shall define the period and the circumstances under which a remand can be ordered.

Article 94

The law shall specify the penalty for breach of articles (90-91-92-93), and appropriate compensations for anyone whose rights have been breached in contravention of these provisions. Those who have had their rights violated have the right to file a criminal lawsuit against the perpetrators of such violations.

Article 95

Justice is a right of every person, guaranteed by the State. No one shall take the law into their own hands. The right to justice includes:

  1. Right of recourse to the judiciary and to have a fair trial before a natural judge.
  2. Right to defense at all stages of investigation and trial.
  3. Legal aid for those who cannot afford it.
  4. Activation of the principle of fines and compensation.
  5. Special guarantees and procedures for the protection of women during the pre-trial and trial stages.

Article 96

Anyone who has suffered damages by judicial error has the right to fair compensation to be guaranteed by the State.

Article 97

Criminal responsibility is personal, and there shall no crime or punishment other than those established by law. An accused is presumed innocent until convicted.

Article 98

Evidence obtained through illegitimate means shall not be admissible in court of law.

Article 99

The State is committed to:

  1. Make prisons facilities for corrections and rehabilitation
  2. The humane treatment of every prisoner and guaranteed protection of dignity thereof.
  3. Build separate prisons for women and undertake special measures to protect women prisoners.
  4. Separation of prisoners based on nature of crime and age.
  5. Enable the relatives to visit the prisoner in privacy.

Prisons shall be subject to judiciary oversight and monitoring of the Human Rights Commission.

Article 100

Everyone has the right to government administrative treatment that is lawful, expeditious and fair; and the right to be given a written causal decision from the respective body.

Article 101

Every individual, group of individuals, society or organization has the right to address official State organs, make proposals, solicit assistance, petition or file complaints, and the right to receive a clear and expeditious response.

Economic and social rights

Article 102. Water

Everyone has the right to clean water in sufficient volumes and the State shall be committed to take the necessary measures to guarantee this right.

Article 103. Housing and sanitation

Every citizen has the right to housing and sanitation.

Article 104. Food

Every citizen has a right to have access to adequate and sufficient food. The State shall take necessary measures to ensure the provision of food to the needy and to those unable to provide it themselves.

Article 105. Social welfare

Every citizen has a right to social welfare; and a right to social security in cases of illness; incapacitation or disability; unemployment; old age, or loss of a family’s breadwinner. The State shall enact laws and measures to ensure guarantee of these rights.

Article 106. Health

Each citizen has the right to Healthcare and the right to accessible health insurance.

Article 107. Medical treatment in emergencies

Public and private medical institutions must provide immediate medical treatment to anyone facing an emergency or a life-threatening situation. The refusal to provide such services is a crime punishable by law.

Article 108. Education

Every citizen has the right to high quality education.

Article 109. Work

  1. Work is a right of every citizen; guaranteed by the State and is based on the principles of equality and equal opportunities for all.
  2. Every citizen has the right to choose appropriate work. No work may be forced on anyone except as provided by law, for performance of a public service, for a limited period of time, and for a fair remuneration without prejudice to the basic rights of assignees.
  3. A worker has the right to work in a healthy and safe working environment.
  4. The State guarantees a worker’s right to a fair wage, equal pay for equal work, weekly holiday, paid annual leave, social insurance or social security and health insurance. A minimum wage and pension shall be set in a manner that ensures a dignified life for workers in the private and public sectors, free professions and retirees. These shall be reviewed and adjusted to realize this objective.
  5. A worker, in any of the sectors of employment, has the right to create or join a representative trade union, participate freely in trade union activities and to defend his or her interests.
  6. A worker may not be arbitrarily dismissed and has the right to fair compensation. The State guarantees the protection of workers’ rights, and the existence of a balanced relationship between workers and employers and methods of collective bargaining.

Article 110. Trade unions

Workers, employees and the persons employed in the liberal professions have the right to form trade unions and federations by mere notification. Their activities may not be stopped; dissolved thereof or the dissolution of their administrative boards unless by a judicial order.

Article 111. Association

Citizens have the right to create societies, foundations and civil society organizations by mere notification. In their creation, management and activities, these organizations shall abide by democratic principles, transparency in their accounts, revenues and sources of funding. The State guarantees their independence and freedom to practice their activities. The organizations, or their administrative bodies, may not be dissolved except by a judicial order.

Article 112. Ownership of property

Every citizen has the right to own property, and to exercise this right without prejudicing the rights of others. The law shall regulate the right of ownership for foreigners.

Article 113. Work

Every person has the right to choose a job, trade, occupation, profession and other legitimate means of earning a living.

Article 114. Rights of consumers

A consumer has the right to quality goods and services, and the right to obtain adequate and accurate information about these goods and services.

Article 115. Gradual implementation of socioeconomic rights

The State shall be committed to gradual implementation of economic and social rights by taking the maximum appropriate measures that may be considered prudent in light of its available resources.

Article 116. Language

  1. Everyone has the right to the use of their own language and take part in the cultural life of choice.
  2. The State shall guarantee the rights of minorities in enjoying their own culture; perform their rituals and the use of their own language.

Article 117. Environment

Everyone has the right to a clean and healthy environment.

Article 118. Asylum

  1. The right to asylum is guaranteed in accordance with the law.
  2. The repatriation of political refugees is prohibited.
  3. Refugees shall not be forcibly removed if it puts their lives at risk.
  4. Refugees shall enjoy basic human rights in accordance with the Constitution and the law.

Article 119. Forced displacement

Arbitrary forced displacement of citizens or forcing them to leave their regions is prohibited. This shall be considered a crime not subject to the statute of limitations.

Article 120. Forced disappearance

  1. The enforced disappearance of persons is a crime punishable by law and shall not be subject to the statute of limitations.
  2. No orders or instructions issued by a public authority or persons to justify an act of enforced disappearance will be admissible in court.

Article 121. Internally displaced persons

Internally displaced persons as a result of natural disasters or conflicts have the right to protection and humanitarian aid. The State shall ensure decent life, education and appropriate healthcare without discrimination and shall compensate them. The State shall act to end the causes of displacement.

Article 122. Children

A child is classified as anyone below eighteen years of age. The State shall ensure:

  1. The right to a name, kinship, a birth certificate and nationality.
  2. Free healthcare, education, family and or alternative care in cases of loss of a family and the care for the rights of abandoned children.
  3. Social services, basic nutrition and appropriate shelter;
  4. Protection from negligence, economic, social and sexual abuse, the risks of human trafficking and smuggling, and detrimental cultural practices, and all that undermines dignity and prejudices health, physical and psychological wellbeing.

Article 123. Extent of the rights of children

The interest of the child shall be observed in all actions relevant to the child in all matters.

Article 124. Marriage

The minimum age for marriage shall be eighteen years.

Article 125. Violence against children

It is prohibited to exercise any form of violence or force against children. It is also prohibited to employ children in jobs that expose their physical, mental or psychological integrity to danger.

Article 126. Children in armed conflict

It is prohibited to recruit children or engage them in armed conflicts. The State shall ensure their protection during armed conflicts, extraordinary situations, emergencies and disasters.

Article 127. Due process rights for children

  1. Children, during arrest or restriction of freedom, shall be treated in a manner that protects them and maintains their dignity and the State shall provide legal aid to those who cannot afford it.
  2. If a child has been sentenced to confinement, he or she shall be placed in a reformatory to serve the sentence, in separate facilities; where age, sex and type of crimes are taken into consideration, and where sound upbringing, education, rehabilitation and healthcare are ensured.

Article 128. Rights of women

  1. Women have full civil, political, economic, social and cultural rights without discrimination. The State shall be committed to empower women to exercise the rights of equal citizenship, and protect them from of all forms of violence, all inhuman practices and enable them to reconcile between their family duties and the requirements of their jobs. Legislation shall be enacted accordingling to realize these aims.
  2. The law shall determine the labor and maternity leaves for women.

Article 129. Human dignity

People are equal in human dignity.

Article 130. Persons with disability

Persons with a disability have the right to:

  1. Be treated with respect and dignity, and be empowered to exercise their full political, economic, social and cultural rights.
  2. Full care and the provision of all their needs to overcome their disability.
  3. Good and appropriate education and qualification in the various educational institutions and in all stages of education, and the allocation of an equitable share of educational scholarships and public jobs.
  4. Creation of suitable infrastructures in both public and private facilities and public transport for their access to these facilities.
  5. Improve social attitudes towards interactions with disabled persons.

Article 131. Expatriates

The State shall endeavor to look after expatriates abroad and emigrants to maintain their identity and protect their interests. It shall promote and guarantee their investments in Yemen, and guarantee their right to political participation, particularly participation in elections and referenda, which shall be regulated by law.

Article 132. Extradition

The extradition of any Yemeni citizen to any foreign country shall be prohibited.

Article 133. Martyrs

Martyrs of the homeland have the right to be honored; their families and the wounded have the right to be cared for.

Article 134. Limitation of rights

Rights and freedoms set forth in this constitution shall not be subject to obstruction and derogation; they may not be prejudiced in any form; and in cases where the law provides for restrictions to regulate these rights and freedoms, these restrictions may not prejudice the origin, essence and content of a right. Restrictions may only be determined when necessary with the aim of protecting rights of others, public order or public morals and to the minimum level necessary for these purposes as required by the foundations of the civil democratic State, provided that such restrictions shall not be confined to a special case.

Article 135. Islamic sharia

All rights and freedoms are guaranteed as long as they do not conflict with the conclusive provisions of the Islamic Sharia and are consistent with the provisions of this Constitution.

Article 136. Assault against rights and freedoms

All rights and freedoms shall be guaranteed, any assault against these rights shall be punishable by law.

Article 137. Direct enforceability of fundamental rights

All State authorities shall be committed to directly enforce and apply the fundamental rights and freedoms enshrined in this Constitution.