| BURKINA FASO Burkina Faso Burkina Faso Joined United Nations: 20 September 1960 Human Rights as assured by their constitution Updated 07 August 2012 |
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PREAMBLE
(Law N° 002/97/ADP of January 27, 1997)
Us, sovereign People of Burkina Faso;
CONSCIOUS of our responsibilities and our duties in front of the history and humanity;
EXTREMELY of our democratic assets […] ;
ENGAGE to preserve these assets and animated will to build a State of right guaranteeing the exercise of the collective and individual
rights, freedom, dignity, safety, the wellbeing, the development, the equality and justice like fundamental values of a company pluralist of
progress and removed from very prejudged;
REAFFIRMING our attachment with the fight against any form of domination like to the democratic character of the capacity;
SEEKING economic and political integration with the other people of Africa for the construction of a federative unit of Africa;
SUBSCRIBING to the universal declaration of the Human rights of 1948 and to the international instruments dealing with the problems
economic, political, social and cultural;
Solemnly REAFFIRMING our engagement with respect to the African Charter of the Human rights and the People of 1981
EAGER to promote peace, the international co-operation, the peaceful payment of the disagreements between States, in justice, equality,
the freedom and the sovereignty of the people;
CONSCIOUS of the peremptory necessity of protecting the environment;
LET US APPROVE and ADOPT the present Constitution of which this preamble forms integral part.
TITLE I
FUNDAMENTAL RIGHTS AND DUTIES
Chapter I - Civil Rights and Duties
Article 1
All the Burkinabe are born free and equal in rights.
All have an equal vocation to enjoy all the rights and all freedoms guaranteed by the present Constitution.
Discriminations of all kinds, in particular those founded on the race, the ethnos group, the area, the color, the sex, the language, the
religion, the caste, the opinions political, fortune and the birth, are prohibited.
Article 2
The protection of the life, safety, and the physical integrity are guaranteed.
Are prohibited and punished by the slave law, slavery, practices, the inhuman and cruel treatments, degrading and humiliating, physical or
moral torture, the maltreatments and the ill treatments inflicted to the children and all shapes of depreciation of the Man.
Article 3
No one cannot be private of its freedom if it is not continued for facts envisaged and punished by the law.
No one cannot be stopped, kept, be off-set or exiled that under the terms of the law.
Article 4
All the Burkinabe and any person living in Burkina Faso profit from an equal protection of the law. All are entitled so that their cause is
heard by an independent and impartial jurisdiction.
Very prevented is supposed innocent until its culpability is established.
The right to defense including that to choose its defender freely is guaranteed in front of all the jurisdictions.
Article 5
All that is not defended by the law cannot be prevented and null cannot be constrained to do what it does not order.
The criminal law does not have a retroactive effect. No one can be considered and punished only under the terms of one law promulgated
and published before in the punishable fact.
The guilt is personal and individual.
Article 6
The residence, the residence, the private and family life, the secrecy of the correspondence of any person are inviolable.
It can be carried there reached only according to forms' and in the cases envisaged by the law.
Article 7
The freedom of belief, nonbelief, conscience, of opinion religious, philosophical, of exercise of worship, the right to meet, the free
practice of the habit as well as the freedom of procession and demonstration are guaranteed by the present Constitution, subject to the
respect of the law, the law and order, the moralities and the human person.
Article 8
The freedoms of thought, press and the right to information are guaranteed.
Any person has the right to express and diffuse her opinions within the framework of the laws and payments in force.
Article 9
Freedom of movement of the people and the goods, the free choice of the residence and the right of asylum are guaranteed within the
framework of the laws and payments in force.
Article 10
Any Burkinabè citizen has the duty to contribute to the defense and the maintenance of the territorial integrity.
It is held to discharge national service when it is necessary.
Chapter II - Political Rights and Duties
Article 11
Any Burkinabe enjoys the civic rights and political under the conditions envisaged by the law.
Article 12
All the Burkinabe without distinction none have the right to take part in the management of the businesses of the State and the Company.
For this reason, they are entitled to vote and eligible under the conditions envisaged by the law.
Article 13
The political parties and formations are created freely.
They contribute to the animation of the political life, the information and the education of the people like to the expression of the vote.
They freely undertake their activities in the respect of the laws.
All the political parties or formations are equal in rights and duties.
However, are not authorized the parties or formations political tribalists, regionalistic, denominational or racist.
Chapter III - Economic Rights and Duties
Article 14
The richnesses and the natural resources belong to the people. They are used for the improvement of its living conditions.
Article 15
The right of ownership is guaranteed. Being exerted it would not know contrary to the social utility or so as to carry damage to safety,
freedom, the existence or the property of others.
It can be carried there reached only in the cases of public need noted in the legal forms.
No one could not be private of its pleasure if it is not due to public utility and under the condition to a right compensation fixed in
accordance with the law. This compensation must be preliminary to the expropriation except emergency case or of cause beyond control.
Article 16
The freedom of company is guaranteed within the framework of the laws and payments in force.
Article 17
The duty to discharge its tax obligations in accordance with the law, is essential on each one.
Chapter IV Of the Rights and Duties
Social and Cultural
Article 18
(Law N° 002/97/ADP of January 27, 1997)
Education, the instruction, the formation, work, the social security, housing, the sport, the leisures, health, the protection of Maternity and
Childhood, the assistance with the old or handicapped people and the social cases, artistic and scientific creation, constitute social and
cultural rights recognized by the present Constitution which aims at promoting them.
Article 19
The right to work is recognized and is equal for all.
It is interdict to make discriminations employment remuneration while being based in particular on the sex, the color, the social origin, the
ethnos group or the political opinion.
Article 20
The State takes care of the constant improvement of the working conditions and of the protection of the worker.
Article 21
The right of association is guaranteed. Any person has the right to constitute associations and to take part freely in the activities of
associations created. The operation of associations must conform to the laws and payments in force.
Trade-union freedom is guaranteed. The trade unions carry on their unconstrained activities and without limitation other than those
envisaged by the law.
Article 22
The right to strike is guaranteed. It is exerted in accordance with the laws in force.
Article 23
The family is the basic cell of the company. The State owes him protection.
The marriage is founded on the free assent of the man and the woman. Any discrimination based on the race, the color, the religion, the
ethnos group, the caste, the social origin, fortune is prohibited as regards marriage.
The children are equal in rights and duties in their family relations. The parents have the natural right and the duty to raise and educate
their children. Those owe them respect and assistance.
Article 24
The State works to promote the rights of the child.
Article 25
The right to transmit its goods on succession or liberality is recognized in accordance with the laws and payments in force.
Article 26
The right to health is recognized. The State works to promote it.
Article 27
Any citizen is entitled to the instruction.
The state education is laic.
Private teaching is recognized. The law fixes the conditions of its exercise.
Article 28
The law guarantees the intellectual property.
The freedom of creation and works artistic, scientific and technical are protected by the law.
The manifestation of the cultural activity, intellectual, artistic and scientific is free and is exerted in accordance with the texts in force.
Article 29
The right to a healthy environment is recognized; protection, the defense and the promotion of the environment are a duty for all.
Article 30
Any citizen has the right to initiate an action or to adhere to a collective action in the form of petition counters acts:
- injuring the public inheritance;
- injuring the interests of social communities;
- bearing reached with the environment or the cultural inheritance or history.
PREAMBLE
(Law N° 002/97/ADP of January 27, 1997)
Us, sovereign People of Burkina Faso;
CONSCIOUS of our responsibilities and our duties in front of the history and humanity;
EXTREMELY of our democratic assets […] ;
ENGAGE to preserve these assets and animated will to build a State of right guaranteeing the exercise of the collective and individual
rights, freedom, dignity, safety, the wellbeing, the development, the equality and justice like fundamental values of a company pluralist of
progress and removed from very prejudged;
REAFFIRMING our attachment with the fight against any form of domination like to the democratic character of the capacity;
SEEKING economic and political integration with the other people of Africa for the construction of a federative unit of Africa;
SUBSCRIBING to the universal declaration of the Human rights of 1948 and to the international instruments dealing with the problems
economic, political, social and cultural;
Solemnly REAFFIRMING our engagement with respect to the African Charter of the Human rights and the People of 1981
EAGER to promote peace, the international co-operation, the peaceful payment of the disagreements between States, in justice, equality,
the freedom and the sovereignty of the people;
CONSCIOUS of the peremptory necessity of protecting the environment;
LET US APPROVE and ADOPT the present Constitution of which this preamble forms integral part.
TITLE I
FUNDAMENTAL RIGHTS AND DUTIES
Chapter I - Civil Rights and Duties
Article 1
All the Burkinabe are born free and equal in rights.
All have an equal vocation to enjoy all the rights and all freedoms guaranteed by the present Constitution.
Discriminations of all kinds, in particular those founded on the race, the ethnos group, the area, the color, the sex, the language, the
religion, the caste, the opinions political, fortune and the birth, are prohibited.
Article 2
The protection of the life, safety, and the physical integrity are guaranteed.
Are prohibited and punished by the slave law, slavery, practices, the inhuman and cruel treatments, degrading and humiliating, physical or
moral torture, the maltreatments and the ill treatments inflicted to the children and all shapes of depreciation of the Man.
Article 3
No one cannot be private of its freedom if it is not continued for facts envisaged and punished by the law.
No one cannot be stopped, kept, be off-set or exiled that under the terms of the law.
Article 4
All the Burkinabe and any person living in Burkina Faso profit from an equal protection of the law. All are entitled so that their cause is
heard by an independent and impartial jurisdiction.
Very prevented is supposed innocent until its culpability is established.
The right to defense including that to choose its defender freely is guaranteed in front of all the jurisdictions.
Article 5
All that is not defended by the law cannot be prevented and null cannot be constrained to do what it does not order.
The criminal law does not have a retroactive effect. No one can be considered and punished only under the terms of one law promulgated
and published before in the punishable fact.
The guilt is personal and individual.
Article 6
The residence, the residence, the private and family life, the secrecy of the correspondence of any person are inviolable.
It can be carried there reached only according to forms' and in the cases envisaged by the law.
Article 7
The freedom of belief, nonbelief, conscience, of opinion religious, philosophical, of exercise of worship, the right to meet, the free
practice of the habit as well as the freedom of procession and demonstration are guaranteed by the present Constitution, subject to the
respect of the law, the law and order, the moralities and the human person.
Article 8
The freedoms of thought, press and the right to information are guaranteed.
Any person has the right to express and diffuse her opinions within the framework of the laws and payments in force.
Article 9
Freedom of movement of the people and the goods, the free choice of the residence and the right of asylum are guaranteed within the
framework of the laws and payments in force.
Article 10
Any Burkinabè citizen has the duty to contribute to the defense and the maintenance of the territorial integrity.
It is held to discharge national service when it is necessary.
Chapter II - Political Rights and Duties
Article 11
Any Burkinabe enjoys the civic rights and political under the conditions envisaged by the law.
Article 12
All the Burkinabe without distinction none have the right to take part in the management of the businesses of the State and the Company.
For this reason, they are entitled to vote and eligible under the conditions envisaged by the law.
Article 13
The political parties and formations are created freely.
They contribute to the animation of the political life, the information and the education of the people like to the expression of the vote.
They freely undertake their activities in the respect of the laws.
All the political parties or formations are equal in rights and duties.
However, are not authorized the parties or formations political tribalists, regionalistic, denominational or racist.
Chapter III - Economic Rights and Duties
Article 14
The richnesses and the natural resources belong to the people. They are used for the improvement of its living conditions.
Article 15
The right of ownership is guaranteed. Being exerted it would not know contrary to the social utility or so as to carry damage to safety,
freedom, the existence or the property of others.
It can be carried there reached only in the cases of public need noted in the legal forms.
No one could not be private of its pleasure if it is not due to public utility and under the condition to a right compensation fixed in
accordance with the law. This compensation must be preliminary to the expropriation except emergency case or of cause beyond control.
Article 16
The freedom of company is guaranteed within the framework of the laws and payments in force.
Article 17
The duty to discharge its tax obligations in accordance with the law, is essential on each one.
Chapter IV Of the Rights and Duties
Social and Cultural
Article 18
(Law N° 002/97/ADP of January 27, 1997)
Education, the instruction, the formation, work, the social security, housing, the sport, the leisures, health, the protection of Maternity and
Childhood, the assistance with the old or handicapped people and the social cases, artistic and scientific creation, constitute social and
cultural rights recognized by the present Constitution which aims at promoting them.
Article 19
The right to work is recognized and is equal for all.
It is interdict to make discriminations employment remuneration while being based in particular on the sex, the color, the social origin, the
ethnos group or the political opinion.
Article 20
The State takes care of the constant improvement of the working conditions and of the protection of the worker.
Article 21
The right of association is guaranteed. Any person has the right to constitute associations and to take part freely in the activities of
associations created. The operation of associations must conform to the laws and payments in force.
Trade-union freedom is guaranteed. The trade unions carry on their unconstrained activities and without limitation other than those
envisaged by the law.
Article 22
The right to strike is guaranteed. It is exerted in accordance with the laws in force.
Article 23
The family is the basic cell of the company. The State owes him protection.
The marriage is founded on the free assent of the man and the woman. Any discrimination based on the race, the color, the religion, the
ethnos group, the caste, the social origin, fortune is prohibited as regards marriage.
The children are equal in rights and duties in their family relations. The parents have the natural right and the duty to raise and educate
their children. Those owe them respect and assistance.
Article 24
The State works to promote the rights of the child.
Article 25
The right to transmit its goods on succession or liberality is recognized in accordance with the laws and payments in force.
Article 26
The right to health is recognized. The State works to promote it.
Article 27
Any citizen is entitled to the instruction.
The state education is laic.
Private teaching is recognized. The law fixes the conditions of its exercise.
Article 28
The law guarantees the intellectual property.
The freedom of creation and works artistic, scientific and technical are protected by the law.
The manifestation of the cultural activity, intellectual, artistic and scientific is free and is exerted in accordance with the texts in force.
Article 29
The right to a healthy environment is recognized; protection, the defense and the promotion of the environment are a duty for all.
Article 30
Any citizen has the right to initiate an action or to adhere to a collective action in the form of petition counters acts:
- injuring the public inheritance;
- injuring the interests of social communities;
- bearing reached with the environment or the cultural inheritance or history.
On 2 January 1991, unicameral National Assembly or Assemblee Nationale , adopted by referendum
Constitution of Burkina Faso. The rights and liberties of the citizenry are detailed in Chapters I, II, III
and IV and conform to the Universal Declaration of Human Rights. The Constitution has been amended
three times, most recently on 22 January 2002. For a full English translation of Burkina Faso's
constitution, click here.
Constitution of Burkina Faso. The rights and liberties of the citizenry are detailed in Chapters I, II, III
and IV and conform to the Universal Declaration of Human Rights. The Constitution has been amended
three times, most recently on 22 January 2002. For a full English translation of Burkina Faso's
constitution, click here.