| DOMINICAN REPUBLIC Dominican Republic Republica Dominicana Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 10/21/10 |
TITLE
SECTION I
OF INDIVIDUAL RIGHTS AND SOCIAL
ART. 8. Purpose - is recognized as the state's principal effective protection of the rights of the human person and maintaining the means
to progressively refined within an order of individual freedom and social justice, consistent with public order, general welfare and rights of
all. To ensure the realization of those purposes are established the following rules:
It must not be made, nor rule applied in any case, the death penalty or torture, nor any other penalty or vexatious or proceeding involving
the loss or decrease in physical or health of the individual. The personal safety. Therefore:
There shall be no physical constraint for the debt not arise from violation of the penal laws.
No one may be reduced to prison or cohibido in their freedom without order and reasoned written competent judicial officer, except in
cases of flagrante delicto.
All persons deprived of their liberty without cause or without legal formalities, or in cases other than those provided by the law, will be
put immediately released at the request of his or anyone.
All persons deprived of their liberty shall be submitted to the competent judicial authority within forty-eight hours of his arrest or release.
Any arrest will be left without effect or be upgraded to prison within forty-eight hours of being arrested submitted to the competent
judicial authority, and must be notified to the person concerned within the same period, to the effect that the order be delivered.
It is strictly prohibited the transfer of any detainee to a prison facility to another site without written and reasoned order of the competent
judicial authority.
Anyone who has under his care to a detainee is required to be submitted as soon as they are required by the competent authority. The
Habeas Corpus Act, will determine how to proceed summarily for compliance with the requirements contained in a), b), c), d), e), f) and
g) and determine the appropriate sanctions.
No one shall be tried twice for the same cause.
No person shall be compelled to testify against himself.
No one may be tried without being heard or properly cited and without observance of procedures established by law to ensure a fair trial
and the right of defense. The hearings will be public, except as specified by law, in cases where publicity is detrimental to public order or
morality.
The inviolability of the home. No home visits can take place except in cases prescribed by law and with the formalities that she prescribes.
Freedom of transit, except the restrictions resulting from the sentencing court, or the laws of police, immigration and health.
No person shall be compelled to do what the law does not require or prevented from doing what the law allows.
The law is equal for all, could not manage more than what is just and useful to the community nor can prohibit more than it hurts him.
Any person may, without being subject to censorship, freely express their thoughts through written words or by any other means of
expression, graphic or oral.
When the thought expressed is harmful to the dignity and morale of the people, public order or morals of society, imposed sanctions
dictated by the laws. It prohibits any subversive propaganda, either anonymous or by any other means of expression that seeks to
provoke disobedience to the laws, but the latter could restrict the right to analysis or criticism of the legal precepts.
Freedom of association and assembly without arms, for political, economic, social, cultural or any other condition that by its nature is not
in violation or prejudicial to public order, national security and morality.
Freedom of conscience and of worship, subject to the respect of public order and morality.
The inviolability of private correspondence and other documents, which may not be occupied or registered but through legal procedures
in the conduct of affairs that ventilen on justice. It is equally inviolable secrecy of the telegraphic communication, telephone and cable.
All the media have free access to news sources both public and private, provided they do not threaten public order or endanger national
security.
The law may, as required by the public interest, establish the maximum hours of work, rest days and holidays, minimum wages and their
forms of payment, social insurance, the participation of nationals in all work, and in general, all orders of protection and assistance from
the state that are deemed necessary for workers, whether manual or intellectual.
The union is free, provided that the unions, unions or other associations of the same nature in their statutes conform their conduct and to
a democratic organization consistent with the principles enshrined in the Constitution and for strictly peaceful and labor.
The State will provide the means to enable workers to acquire useful and indispensable tools for their work.
The extent and manner of participation of the permanent workers in the profits of an enterprise agricultural, industrial, commercial or
mining may be determined by law in accordance with the nature of the business and respecting the legitimate interests of the employer as
the worker. It supports the right of workers to strike and employers to strike at private companies, provided they are exercised in
accordance with the law and strictly working to resolve conflicts. It prohibits any interruption, disruption, cessation of activities or
restraints performance in the work of private companies or the state. It shall be unlawful strike, which, interruption or reduction
intentional interference affecting performance of the Administration, the public service or public utility. The law will have the necessary
measures to ensure compliance with these standards.
The free enterprise, business and industry.
Only monopolies can be established for the benefit of the State or state institutions. The establishment and organization of these
monopolies will be made by law.
The right of ownership.
As a result, nobody can be deprived of it, but for cause of public utility or social interest, upon payment of the fair value determined by
judgment of the competent court. In cases of public calamity, compensation may not be after. No penalty may be imposed general
confiscation of property by political reasons.
She social interest allocation of land for useful purposes and the phasing out of large estates. It goes to the plans of the Agrarian Reform
land belonging to the State or it acquires from grade to grade or expropriation, in the manner prescribed by this Constitution, which are
not intended or be allocated by the state for other purposes general interest. It also declared as a major objective of the State's social
policy encouragement and cooperation to effectively integrate national life the rural population, by renewing the methods of agricultural
production and cultural and technological training male farmer.
The State may convert their businesses on properties of cooperation or cooperative economics.
The sole ownership for the time and in the manner prescribed by law, inventions and discoveries as well as the scientific, artistic and
literary.
To strengthen its stability and prosperity, your moral life, religious and cultural life, the family will receive state the widest possible
protection.
Motherhood, regardless of the condition or status of women, will enjoy the protection of the government and is entitled to assistance in
case of distress. The State shall hygiene measures and other gender designed to minimize infant mortality and to obtain the healthy
development of children. The State shall encourage household savings and the establishment of credit unions, production, distribution,
consumption or any other that are useful.
Declares high social interest the establishment of each household in the Dominican ground or improvements themselves. To this end, the
State will encourage the development of public credit in socially beneficial to make it possible for all Dominicans have a comfortable and
hygienic housing.
It recognizes marriage as the legal foundation of the family. Married women enjoy full civil capacity. The law shall establish the
necessary means to protect the property rights of married women, under any regime.
The freedom of education.
Primary education is compulsory. It is the duty of the State to provide basic education to all inhabitants of the national territory and take
steps to eliminate illiteracy. Both primary and secondary education, such as that offered in schools agronomic, vocational, artistic, trade,
crafts and home economics will be free.
The State shall ensure the widest possible dissemination of science and culture, providing adequately that all people benefit from the
results of scientific progress and moral.
The State shall encourage the progressive development of social security, so that everyone comes to enjoy adequate protection against
unemployment, sickness, disability and old age. The State will provide protection and assistance to the elderly in the manner prescribed by
law, so as to preserve their health and ensure their welfare. The State will provide further social assistance to the poor. Such assistance
will consist of food, clothing and, as far as possible, adequate housing. The State shall ensure the improvement of nutrition, sanitation and
hygiene conditions, seek ways for the prevention and treatment of epidemic and endemic diseases and any other, as well as provide
medical care and free hospital who by their scarce economic resources, so require. The state will fight the social vices with appropriate
measures and with the help of the conventions and international organizations. For the correction and eradication of such defects, will be
established centers and specialized agencies.
SECTION II
OF DUTY
ART. 9. -Atendiendo To the privileges recognized and guaranteed in the preceding article of this Constitution presuppose the existence of
a sequence of legal and moral responsibility which requires the conduct of men in society, are declared as fundamental duties:
Respect and comply with the Constitution and laws, to respect and obey authorities set up by them.
All Dominican skilful has a duty to provide services to civilian and military Homeland required for their defense and preservation.
The inhabitants of the Republic must refrain from any action detrimental to its stability, independence and sovereignty and will, in the
event of a national disaster, forced to provide services that are capable.
Dominican Every citizen has a duty to vote, provided that it is legally empowered to do so.
To contribute in proportion to their ability to contribute to the public charges.
Everyone has an obligation to engage in a job of their choice in order to provide a decent livelihood and that of his family, achieve the
widest refining his personality and contribute to the welfare and progress of society.
It is the duty of all those who inhabit the territory of the Dominican Republic, attend educational establishments of the Nation to acquire at
least the elementary.
Everyone is under a duty to cooperate with the State in terms of assistance and social security in accordance with their possibilities.
It is the duty of any alien refrain from engaging in political activities in Dominican territory.
ART. 10. The list contained in Articles 8 and 9 is not limited to, and therefore does not exclude other rights and duties of the same kind.
TITLE III
POLITICAL RIGHTS
SECTION I
THE NATIONALITY
ART.11. Dominicans-Son:
All persons born in the territory of the Republic, with the exception of the legitimate children of foreigners residing in the country on
diplomatic representation, or are in transit.
People who at present are invested with this quality under previous constitutions and laws.
All persons born abroad, or parent Dominicans, provided that, in accordance with the laws of the country of their birth, had not acquired
a nationality strange, or which, if any acquired manifestaren, by act before a official public forwarded to the Executive Branch, after
reaching the age of eighteen (18) years, their willingness to opt for the Dominican nationality.
The naturalized. The law shall provide conditions and formalities required for naturalization.
Paragraph I. It recognizes the power Dominicans to acquire a foreign nationality.
Paragraph II. Dominican woman married to a foreigner may acquire her husband's nationality.
Paragraph III. Foreign woman who marries a Dominican continue the status of her husband, unless the laws of his country to retain their
nationality, in which case has the right to declare, in the marriage contract, which declines Dominican nationality.
Paragraph IV. Acquisition of another nationality does not imply the loss of Dominican nationality. But Dominicans who acquire another
nationality shall not be eligible for the presidency or vice-presidency.
SECTION II
OF CITIZENSHIP
ART. 12. Citizens-all Dominicans of both sexes who have attained 18 years of age, and those who are or have been married, but have not
fulfilled that age.
ART. 13. Son-rights of citizens:
The vote under the law to choose the officials referred to in Article 90 of the Constitution. The exercise to be eligible for the same
charges referred to in the preceding paragraph.
ART. 14. Rights of citizenship - are lost irrevocably by condemnation for treason, espionage and conspiracy against the Republic, or by
taking up arms, assist or participate in any attack against it.
ART. 5. Rights of citizenship - are suspended in cases of:
Condenación irrevocably criminal penalty, to rehabilitation.
Interdiction court pronounced legally, while it lasts.
By admitting in Dominican territory office or employment of a foreign government without prior authorization from the executive branch.
SECTION I
OF INDIVIDUAL RIGHTS AND SOCIAL
ART. 8. Purpose - is recognized as the state's principal effective protection of the rights of the human person and maintaining the means
to progressively refined within an order of individual freedom and social justice, consistent with public order, general welfare and rights of
all. To ensure the realization of those purposes are established the following rules:
It must not be made, nor rule applied in any case, the death penalty or torture, nor any other penalty or vexatious or proceeding involving
the loss or decrease in physical or health of the individual. The personal safety. Therefore:
There shall be no physical constraint for the debt not arise from violation of the penal laws.
No one may be reduced to prison or cohibido in their freedom without order and reasoned written competent judicial officer, except in
cases of flagrante delicto.
All persons deprived of their liberty without cause or without legal formalities, or in cases other than those provided by the law, will be
put immediately released at the request of his or anyone.
All persons deprived of their liberty shall be submitted to the competent judicial authority within forty-eight hours of his arrest or release.
Any arrest will be left without effect or be upgraded to prison within forty-eight hours of being arrested submitted to the competent
judicial authority, and must be notified to the person concerned within the same period, to the effect that the order be delivered.
It is strictly prohibited the transfer of any detainee to a prison facility to another site without written and reasoned order of the competent
judicial authority.
Anyone who has under his care to a detainee is required to be submitted as soon as they are required by the competent authority. The
Habeas Corpus Act, will determine how to proceed summarily for compliance with the requirements contained in a), b), c), d), e), f) and
g) and determine the appropriate sanctions.
No one shall be tried twice for the same cause.
No person shall be compelled to testify against himself.
No one may be tried without being heard or properly cited and without observance of procedures established by law to ensure a fair trial
and the right of defense. The hearings will be public, except as specified by law, in cases where publicity is detrimental to public order or
morality.
The inviolability of the home. No home visits can take place except in cases prescribed by law and with the formalities that she prescribes.
Freedom of transit, except the restrictions resulting from the sentencing court, or the laws of police, immigration and health.
No person shall be compelled to do what the law does not require or prevented from doing what the law allows.
The law is equal for all, could not manage more than what is just and useful to the community nor can prohibit more than it hurts him.
Any person may, without being subject to censorship, freely express their thoughts through written words or by any other means of
expression, graphic or oral.
When the thought expressed is harmful to the dignity and morale of the people, public order or morals of society, imposed sanctions
dictated by the laws. It prohibits any subversive propaganda, either anonymous or by any other means of expression that seeks to
provoke disobedience to the laws, but the latter could restrict the right to analysis or criticism of the legal precepts.
Freedom of association and assembly without arms, for political, economic, social, cultural or any other condition that by its nature is not
in violation or prejudicial to public order, national security and morality.
Freedom of conscience and of worship, subject to the respect of public order and morality.
The inviolability of private correspondence and other documents, which may not be occupied or registered but through legal procedures
in the conduct of affairs that ventilen on justice. It is equally inviolable secrecy of the telegraphic communication, telephone and cable.
All the media have free access to news sources both public and private, provided they do not threaten public order or endanger national
security.
The law may, as required by the public interest, establish the maximum hours of work, rest days and holidays, minimum wages and their
forms of payment, social insurance, the participation of nationals in all work, and in general, all orders of protection and assistance from
the state that are deemed necessary for workers, whether manual or intellectual.
The union is free, provided that the unions, unions or other associations of the same nature in their statutes conform their conduct and to
a democratic organization consistent with the principles enshrined in the Constitution and for strictly peaceful and labor.
The State will provide the means to enable workers to acquire useful and indispensable tools for their work.
The extent and manner of participation of the permanent workers in the profits of an enterprise agricultural, industrial, commercial or
mining may be determined by law in accordance with the nature of the business and respecting the legitimate interests of the employer as
the worker. It supports the right of workers to strike and employers to strike at private companies, provided they are exercised in
accordance with the law and strictly working to resolve conflicts. It prohibits any interruption, disruption, cessation of activities or
restraints performance in the work of private companies or the state. It shall be unlawful strike, which, interruption or reduction
intentional interference affecting performance of the Administration, the public service or public utility. The law will have the necessary
measures to ensure compliance with these standards.
The free enterprise, business and industry.
Only monopolies can be established for the benefit of the State or state institutions. The establishment and organization of these
monopolies will be made by law.
The right of ownership.
As a result, nobody can be deprived of it, but for cause of public utility or social interest, upon payment of the fair value determined by
judgment of the competent court. In cases of public calamity, compensation may not be after. No penalty may be imposed general
confiscation of property by political reasons.
She social interest allocation of land for useful purposes and the phasing out of large estates. It goes to the plans of the Agrarian Reform
land belonging to the State or it acquires from grade to grade or expropriation, in the manner prescribed by this Constitution, which are
not intended or be allocated by the state for other purposes general interest. It also declared as a major objective of the State's social
policy encouragement and cooperation to effectively integrate national life the rural population, by renewing the methods of agricultural
production and cultural and technological training male farmer.
The State may convert their businesses on properties of cooperation or cooperative economics.
The sole ownership for the time and in the manner prescribed by law, inventions and discoveries as well as the scientific, artistic and
literary.
To strengthen its stability and prosperity, your moral life, religious and cultural life, the family will receive state the widest possible
protection.
Motherhood, regardless of the condition or status of women, will enjoy the protection of the government and is entitled to assistance in
case of distress. The State shall hygiene measures and other gender designed to minimize infant mortality and to obtain the healthy
development of children. The State shall encourage household savings and the establishment of credit unions, production, distribution,
consumption or any other that are useful.
Declares high social interest the establishment of each household in the Dominican ground or improvements themselves. To this end, the
State will encourage the development of public credit in socially beneficial to make it possible for all Dominicans have a comfortable and
hygienic housing.
It recognizes marriage as the legal foundation of the family. Married women enjoy full civil capacity. The law shall establish the
necessary means to protect the property rights of married women, under any regime.
The freedom of education.
Primary education is compulsory. It is the duty of the State to provide basic education to all inhabitants of the national territory and take
steps to eliminate illiteracy. Both primary and secondary education, such as that offered in schools agronomic, vocational, artistic, trade,
crafts and home economics will be free.
The State shall ensure the widest possible dissemination of science and culture, providing adequately that all people benefit from the
results of scientific progress and moral.
The State shall encourage the progressive development of social security, so that everyone comes to enjoy adequate protection against
unemployment, sickness, disability and old age. The State will provide protection and assistance to the elderly in the manner prescribed by
law, so as to preserve their health and ensure their welfare. The State will provide further social assistance to the poor. Such assistance
will consist of food, clothing and, as far as possible, adequate housing. The State shall ensure the improvement of nutrition, sanitation and
hygiene conditions, seek ways for the prevention and treatment of epidemic and endemic diseases and any other, as well as provide
medical care and free hospital who by their scarce economic resources, so require. The state will fight the social vices with appropriate
measures and with the help of the conventions and international organizations. For the correction and eradication of such defects, will be
established centers and specialized agencies.
SECTION II
OF DUTY
ART. 9. -Atendiendo To the privileges recognized and guaranteed in the preceding article of this Constitution presuppose the existence of
a sequence of legal and moral responsibility which requires the conduct of men in society, are declared as fundamental duties:
Respect and comply with the Constitution and laws, to respect and obey authorities set up by them.
All Dominican skilful has a duty to provide services to civilian and military Homeland required for their defense and preservation.
The inhabitants of the Republic must refrain from any action detrimental to its stability, independence and sovereignty and will, in the
event of a national disaster, forced to provide services that are capable.
Dominican Every citizen has a duty to vote, provided that it is legally empowered to do so.
To contribute in proportion to their ability to contribute to the public charges.
Everyone has an obligation to engage in a job of their choice in order to provide a decent livelihood and that of his family, achieve the
widest refining his personality and contribute to the welfare and progress of society.
It is the duty of all those who inhabit the territory of the Dominican Republic, attend educational establishments of the Nation to acquire at
least the elementary.
Everyone is under a duty to cooperate with the State in terms of assistance and social security in accordance with their possibilities.
It is the duty of any alien refrain from engaging in political activities in Dominican territory.
ART. 10. The list contained in Articles 8 and 9 is not limited to, and therefore does not exclude other rights and duties of the same kind.
TITLE III
POLITICAL RIGHTS
SECTION I
THE NATIONALITY
ART.11. Dominicans-Son:
All persons born in the territory of the Republic, with the exception of the legitimate children of foreigners residing in the country on
diplomatic representation, or are in transit.
People who at present are invested with this quality under previous constitutions and laws.
All persons born abroad, or parent Dominicans, provided that, in accordance with the laws of the country of their birth, had not acquired
a nationality strange, or which, if any acquired manifestaren, by act before a official public forwarded to the Executive Branch, after
reaching the age of eighteen (18) years, their willingness to opt for the Dominican nationality.
The naturalized. The law shall provide conditions and formalities required for naturalization.
Paragraph I. It recognizes the power Dominicans to acquire a foreign nationality.
Paragraph II. Dominican woman married to a foreigner may acquire her husband's nationality.
Paragraph III. Foreign woman who marries a Dominican continue the status of her husband, unless the laws of his country to retain their
nationality, in which case has the right to declare, in the marriage contract, which declines Dominican nationality.
Paragraph IV. Acquisition of another nationality does not imply the loss of Dominican nationality. But Dominicans who acquire another
nationality shall not be eligible for the presidency or vice-presidency.
SECTION II
OF CITIZENSHIP
ART. 12. Citizens-all Dominicans of both sexes who have attained 18 years of age, and those who are or have been married, but have not
fulfilled that age.
ART. 13. Son-rights of citizens:
The vote under the law to choose the officials referred to in Article 90 of the Constitution. The exercise to be eligible for the same
charges referred to in the preceding paragraph.
ART. 14. Rights of citizenship - are lost irrevocably by condemnation for treason, espionage and conspiracy against the Republic, or by
taking up arms, assist or participate in any attack against it.
ART. 5. Rights of citizenship - are suspended in cases of:
Condenación irrevocably criminal penalty, to rehabilitation.
Interdiction court pronounced legally, while it lasts.
By admitting in Dominican territory office or employment of a foreign government without prior authorization from the executive branch.
Waves of Arawak Indians migrated from the Orinoco Delta to the island of Hispaniola for
centuries who were replaced by the Taino around 600 BCE and organized the island into
feudal cacicazgos. Christopher Columbus reached the island on his first voyage on 5
December 1492 naming the island La Española. Widespread death of the native population
led to importation of slaves in 1503 which soon led to revolts many of whom created
maroon colonies in the mountains. French settlement on the western third of the island
yielded additional rebellions, leading to the creation of a French speaking black republic
named Haiti in the western third and centuries of animosity. Haitian dominance of the island
for fourteen years led to the creation of a Spanish speaking bid for independence which led
to the promulgation of a constitution on 6 November 1844. Spain annexed the island in 1861
but independence was regained following the American Civil War in March of 1865 and the
reestablishment of the republic. The U.S. occupied the island in 1960 and independence
was regained on 1 October 1922. Dictatorships controlled the island through much of the
20th century until free elections were held in 1996. The current constitution was promulgated
on 25 July 2002 Human rights are enumerated beginning with TITLE I SECTION I ( OF
INDIVIDUAL RIGHTS AND SOCIAL), conforms with the 1948 Universal Declaration of Human
Rights of which Dominican Republic is a signatory and are detailed below. For a full English
translation of Dominican Republic's Constitution, click here.
centuries who were replaced by the Taino around 600 BCE and organized the island into
feudal cacicazgos. Christopher Columbus reached the island on his first voyage on 5
December 1492 naming the island La Española. Widespread death of the native population
led to importation of slaves in 1503 which soon led to revolts many of whom created
maroon colonies in the mountains. French settlement on the western third of the island
yielded additional rebellions, leading to the creation of a French speaking black republic
named Haiti in the western third and centuries of animosity. Haitian dominance of the island
for fourteen years led to the creation of a Spanish speaking bid for independence which led
to the promulgation of a constitution on 6 November 1844. Spain annexed the island in 1861
but independence was regained following the American Civil War in March of 1865 and the
reestablishment of the republic. The U.S. occupied the island in 1960 and independence
was regained on 1 October 1922. Dictatorships controlled the island through much of the
20th century until free elections were held in 1996. The current constitution was promulgated
on 25 July 2002 Human rights are enumerated beginning with TITLE I SECTION I ( OF
INDIVIDUAL RIGHTS AND SOCIAL), conforms with the 1948 Universal Declaration of Human
Rights of which Dominican Republic is a signatory and are detailed below. For a full English
translation of Dominican Republic's Constitution, click here.