| EL SALVADOR Republic of El Salvador Republica de El Salvador Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 01 December 2012 |
I TITLE II
THE RIGHTS AND FUNDAMENTAL GUARANTEES OF THE INDIVIDUAL
I CHAPTER I
INDIVIDUAL RIGHTS AND THEIR REGIME OF EXCEPTION
FIRST SECTION
INDIVIDUAL RIGHTS
Art. 2. - All persons have the right to life, physical and moral integrity, freedom, security, work, property and possession, and being
protected in the preservation and defense of such.
The right to honor, personal and family privacy and self determination is guaranteed.
The indemnification settles down, according to the law, by damages of moral character.
Art. 3. - All the people are equal before the law. For the enjoyment of civil rights restrictions will not be able to settle down that are based
on nationality differences, race, sex or religion.
Hereditary uses nor privileges are not recognized.
Art. 4. - All persons are free in the Republic.
He will not be enslaved the one that between in its territory nor citizen the one that deal with slaves. Nobody can be put under servitude
nor no other condition that its dignity reduces.
Art. 5. - All persons have freedom to enter, to remain in the territory of the Republic and to leave this one, except for the limitations that
the law establishes.
Nobody can be forced to change of address or calls to account, but by mandate of judicial authority, in the special cases and by means of
the requirements that the law indicates.
It will be not be possible to extradite a Salvadoran, neither to prohibit it him the entrance in the territory of the Republic, nor to deny to it
him passport for his return or other documents of identification. It will not be able either to prohibit it him the exit of the territory but by
resolution or sentence of dictated competent authority in accordance with the laws.
Art. 6. - All persons can express and spread her thoughts freely whenever she does not disturb the public order, neither injures the moral,
the honor, nor the life deprived of the others. The exercise of this right will not be subject to previous examination, censures nor caution;
but those that making use of him, infringe the laws, will be responsible for the crime which they commit.
In no case it will be able to be kidnapped, like crime instruments, the press, its accessories or any other average one destined to the
diffusion of the thought.
They could not be object of estatización or nationalization, or by expropriation or any other procedure, the companies that are dedicated to
the written, broadcast or televised communication, and other publication companies. This prohibition is applicable to the actions or social
quotas of its proprietors.
The mentioned companies will not be able to establish different tariffs or to make any other type of discrimination by the political or
religious character of which it is published.
One recognizes the right of answer like a protection the rights and fundamental guarantees of the person.
The spectacles public could be put under censorship according to the law.
Art. 7. - The inhabitants of El Salvador must right to be associated freely and to meet pacifically and without arms for any allowed object.
Nobody could be forced to belong to an association.
The exercise of any allowed activity will not be able to be limited nor to be prevented to a person, by the fact of not belonging to an
association.
The existence of groups armed of political, religious or criminal character is prohibited.
Art. 8. - Nobody is forced to do what the law does not command nor to deprive itself of which she does not prohibit.
Art. 9. - Nobody can be forced to make works or to be in PS without right repayment and its total consent, safe in the cases of public
calamity and the others indicated by the law.
Art. 10. - The law cannot authorize no act or contract that implies the loss or the irreparable sacrifice of the freedom or dignity of the
person. It cannot either authorize agreements in which proscripción or exile is agreed to.
Art. 11. - No person can be private of the right to the life, the freedom, the property and possession, nor of any other of her rights
without previously being heard and being won in judgment in accordance with the laws; nor she can be judged twice by the same cause.
The person has right to the habeas corpus when any individual or authority restricts illegal or arbitrarily its freedom. Also corpus will
come the habeas when any authority attempts against the dignity or physical integrity, psychic or moral of the lengthy people. (6)
Art. 12. - All person to whom is imputed a crime to him, will presume innocent while its culpability according to the law and in public
judgment is not proven, in which all the necessary guarantees for their defense make sure to him.
The lengthy person must be informed into immediate and comprehensible way, its rights and the reasons of her halting, not being able to
be forced to declare. The attendance of defender in the diligences of the auxiliary organs of the justice administration and in the judicial
processes is guaranteed to the prisoner, in the terms that the law establishes.
The declarations that are obtained without the will of the person lack value; who therefore will obtain them and use will bear criminal
responsibility.
Art. 13. - No governmental organ, authority or civil employee will be able to issue prison or halting orders if it is not in accordance with
the law, and these orders will always have to be written. When a delinquent is surprised infraganti, she can be stopped by any person, to
give it immediately to the competent authority.
The administrative halting will not exceed seventy and two hours, within which it will have to be briefed at your service to the prisoner of
the competent judge, with the diligences that will have practiced.
The halting to inquire will not happen of seventy and two hours and the corresponding court will be forced to notify to the prisoner in
person the reason for his halting, to receive his investigatory one and to decree to his freedom or provisional halting, within this term.
For reasons of social defense, they could be put under reeducativas readjustment or safety measures, the subjects that by their antisocial,
immoral or harmful activity, reveal a dangerous state and offer imminent risks for the society or the individuals. These safety measures
must be strictly regulated by the law and put under the competition of the Judicial Organ.
Art. 14. - The faculty Corresponds solely to the Judicial Organ to impose punishments. Despite the administrative authority it will be able
to sanction, by means of resolution or it sentences and previous the due process, the contraventions to the laws, regulations or decrees,
with arrest until by five days or fine, which will be able to be permuted by social services lent the community. (7)
Art. 15. - Nobody can be judged but according to laws promulgated prior to in question fact, and by the courts whom previously the law
has established.
Art. 16. - A same judge cannot be it in diverse instances in a same cause.
Art. 17. - No Organ, civil employee or authority, will be able to avocar pending causes, nor to begin to trials or concluded procedures. In
case of revision in penal matter the State will compensate according to the Law the victims of the judicial errors properly verified.
There will be place to the indemnification by justice retardation. The Law will subsidiarily establish the direct responsibility of the civil
employee and the one of the State.
Art. 18. - All person must right to direct her requests in writing, of decent way, to the legally settled down authorities; to that they are
solved to him, and that lets itself know the resolute thing him.
Art. 19. - The registry or the search of the person will be able to practice to prevent or Only to find out crimes or lack.
Art. 20. - The dwelling is inviolable and it will only be able to be entered her by consent of the person who inhabits it, by judicial mandate,
flagrant crime or imminent danger of its perpetration, or by serious risk of the people.
The violation of this right will give rise to demand indemnification by the caused damages and damages.
Art. 21. - The laws cannot have retroactive, safe effect in matters of public order, and penal matter when the new law is favorable to the
delinquent.
The Supreme Court of Justice it will always have the faculty to determine, within his competition, if a law is or not of public order.
Art. 22. - All person must right to freely have her goods according to the law. The property is transmissible in the form in which they
determine the laws. There will be free patenting.
Art. 23. - The freedom is guaranteed to contract according to the laws. No person who has the free administration of her goods can be
private of the right to finish to her civil or commercial subjects by transaction or arbitration. As far as that they do not have that free
administration, the law will determine the cases in that they can do it and the indispensable requirements.
Art. 24. - The correspondence of all class is inviolable, intercepted will not make faith nor will be able to appear in no performance, safe
in the cases of aid and bankruptcy. One prohibits the interference and the intervention of the telephone communications.
Art. 25. - The free exercise of all the religions is guaranteed, without more limit than the layout by the moral and the public order. No
religious act will serve to establish the civil state of the people.
Art. 26. - The legal personality of the Catholic Church is recognized. The other churches will be able to obtain, according to the law, the
recognition of their personality.
Art. 27. - The capital punishment in the cases anticipated by the military laws will only be able to prevail during the international state
military.
One prohibits the perpetual prison by debts, pains, the infamantes, the proscriptivas and all species of torment.
The State will organize the penitentiary centers with object to correct the delinquents, to educate them and to form work habits to them,
trying its readjustment and the prevention of the crimes.
Art. 28. - El Salvador grants asylum to the foreigner whom it loves to reside in his territory, except in the cases anticipated by the laws
and the right International. It will not be able to be included in the cases of exception with that is only persecuted for political reasons.
The extradition will be regulated according to International Treaties and when it is Salvadorans, it will come if the corresponding treaty
specifically establishes it and only has been approved by the Legislative Organ of the countries subscribers. In any case, their stipulations
will have to consecrate the reciprocity principle and to grant to the Salvadorans all the penal and procedural guarantees that this
Constitution establishes.
The extradition will come when the crime has been committed in the territorial jurisdiction of the country applicant, except for when it is
the crimes of international importance, and will not be able stipular in no case by political crimes, although by consequence of these will
be common crimes.
The ratification of Treaties of Extradition will require both third of votes of the elect deputies. (18)
SECOND SECTION
EXCEPTION REGIME
Art. 29. - In cases military, invasion of the territory, rebellion, sedition, catastrophe, epidemic or another general calamity, or of serious
disturbances of the public order, will be able to be suspended the guarantees established in articles 5, 6 interjection first, 7 interjection first
and 24 of this Constitution, except when it is meetings or associations with religious aims, cultural, economic or sport. Such suspension
will be able to affect the totality or leaves from the territory of the Republic, and it will become by means of decree of the Legislative
Organ or the Executive agency, in his case.
Also interjection second and 13 will be able to be suspended to the guarantees contained in Arts. 12 interjection second of this
Constitution, when therefore the Legislative Organ decides to it, with the favorable vote of the three fourth parts of the elect Deputies; not
exceeding the administrative halting fifteen days.
Interjection 3º SUPPRESSED. (1)
Art. 30. - The term of suspension of the constitutional guarantees will not exceed 30 days. Passed east term the suspension will be able to
extend, the same period and by means of new decree, if they continue the circumstances that motivated it. If such decree is not emitted,
will be established of right plenary session the suspended guarantees. (1)
Art. 31. - When the circumstances disappear that motivated the suspension of the constitutional guarantees, the Legislative Assembly, or
the Cabinet, according to the case, must restore such guarantees.
I TITLE II
SOCIAL RIGHTS
FIRST SECTION
FAMILY
Art. 32. - The family is the fundamental base of the society and will have the protection of the State, that will dictate the necessary
legislation and will create the appropriate organisms and services for its integration, well-being and social development, cultural and
economic.
The legal foundation of the family is the marriage and rests in the legal equality of the spouses.
The State will foment the marriage; but the lack of this one will not affect the enjoyment of the rights that settle down please in the family.
Art. 33. - The law will to each other regulate the personal and patrimonial relations of the spouses and among them and their children,
establishing the reciprocal rights and duties on equitable bases; and it will create the institutions necessary to guarantee his applicability. It
will also regulate the resulting familiar relations of the stable union of a man and a woman.
Art. 34. - All minor must right to live in familiar and environmental conditions that allow their integral development him, for which it will
have the protection of the State.
The law will determine the duties of the State and will create the institutions for the protection of the maternity and the childhood.
Art. 35. - The State will protect the physical, mental and moral health of the minors, and will guarantee the right of these to the education
and the attendance.
The antisocial conduct of the minors that constitutes crime or lack will be subject to special a legal regime.
Art. 36. - The children born inside or outside marriage and the adoptive ones, in front of have equal right their parents. It is obligation of
these to give to his children protection, attendance, education and security.
Any qualification will not be briefed in acts of the Civil Registry on the nature of the connection, nor will be expressed in the birth games
the civil state of the parents.
All person must right to have a name that identifies it. The secondary law will regulate this matter.
The law will also determine the forms to investigate and to establish the paternity.
SECOND SECTION
WORK AND SOCIAL SECURITY
Art. 37. - The work is a social function, it enjoys the protection of the State, and commerce article is not considered.
The State will use all the resources that are to their reach to provide occupation to the worker, manual or intellectual, and to assure to him
and his family the economic conditions of a worthy existence. Similarly it will promote the work and physical, mental or social use of the
people with limitations or incapacities.
Art. 38. - The work will be regulated by a Code that it will intend main to harmonize the relations between patronos and workers, being
established his rights and obligations. It will be based on general principles that tend to the improvement of the conditions of life of the
workers, and will include specially the following rights:
1º. - In a same company or establishment and identical circumstances, to equal work equal remuneration to the worker must correspond,
whatever it is his sex, race, creed or nationality;
2º. - All worker must right to yield a minimum wage, that will pay attention periodically. In order to fix this wage he will be taken care of
the cost of the life mainly, to the nature of the work, the different systems from remuneration, the different zones of production and other
similar criteria. This wage will have to be sufficient to satisfy the normal necessities with the home of the worker in the material, moral
and cultural order.
In the works, by adjustment or price by piece raised, it is obligatory to assure the minimum wage by day work;
3º. - The social wage and benefits, in the quantity that determines the law, are unattachable and they are not possible to be compensated
nor to be retained, safe by nutritional obligations. Also they can be retained by obligations of social security, union quotas or taxes. The
instruments of work of the workers are unattachable;
4º. - The wage must be paid in currency of legal course. The social wage and benefits constitute credits privileged in relation to the other
credits that can exist against patrono;
5º. - The patronos will give to their workers a premium by every year of work. The law will establish the form in which its quantity in
relation to the wages will be determined;
6º. - The ordinary day of diurnal effective work will not exceed eight hours and the labor week of forty and four hours.
The maximum of extraordinary hours for each job class will be determined by the law.
The nocturnal day and the one that is fulfilled in dangerous tasks or unhealthy, he will be inferior to the diurnal one and will be regulated
by the law. The limitation of the day will not be applied in cases of greater force.
The law will determine the extension of the pauses that will be to interrupt the day when, taking care of biological causes, the rate of the
tasks therefore demands it, and the one of which will have to mediate between two days.
The extraordinary hours and the nocturnal work will be remunerated with surcharge;
7º. - All worker has right to a day of rest remunerated by every labor week, in the form that demands the law.
The workers who do not enjoy rest in the indicated days previously, will have right to an extraordinary remuneration by the services that
lend in those days and to a rest compensatorio;
8º. - The workers will have right to rest remunerated in the days off that indicates the law; this one will determine the class of workings in
which it will not govern this one disposition, but in such cases, the workers will have right to extraordinary remuneration;
9º. - All worker who credits a minimum benefit of services during a given lapse, will have right to remunerated annual vacations in the
form that will determine the law. The vacations will not be able to be compensated in money, and to the obligation of patrono to give them
the one of the worker corresponds to take them;
10º. - The minors of fourteen years, and those that being fulfilled that age follow put under obligatory education by virtue of the law,
could not be occupied in any job class.
Its occupation will be able to be authorized when it is considered indispensable for the subsistence of such or its family, whenever it does
not prevent them to fulfill the minimum of obligatory instruction.
The day of the minors of sixteen years could not be greater of six hours daily and thirty and four weeklies, in any job class.
The work to the minors of eighteen years and the women in unhealthy or dangerous workings is prohibited. Also the nocturnal work to
the minors of eighteen years is prohibited. The law will determine the dangerous or unhealthy workings;
11º. - Patrono that dismisses a worker without just cause is forced to compensate it according to the law;
12º. - The law will determine the conditions under which the patronos will be forced to pay to their permanent workers, who resign to
their work, an economic benefit whose amount will pay attention in relation to the wages and the time on watch.
The resignation with no need produces its effects of acceptance of patrono, but the refusal of this one to pay the corresponding benefit
constitutes legal presumption of unjust dismissal.
In case of total and permanent incapacity or death of the worker, this one or its beneficiaries will have right to the benefits that would
receive in the case of voluntary resignation.
Art. 39. - The law will regulate the conditions in which the contracts and collective conventions of work will be celebrated. The
stipulations that these contain will be applicable to all the workers of the companies that will have subscribed them, although do not belong
to the contracting union, and also to the other workers who enter such companies during the use of these contracts or conventions. The
law will establish the procedure to uniform the conditions of work in the different economic activities, with base in the dispositions that
contains most of contracts and effective collective conventions of work in each class of activity.
Art. 40. - One settles down a system of professional formation for the qualification and qualification of the human resources.
The law will regulate the reaches, extension and forms in which the system must be put into effect.
The learning contract will be regulated by the law, with the intention of assuring to the apprentice education an office, worthy treatment,
equitable repayment and benefits of forecast and social security.
Art. 41. - The worker at home has right to a minimum wage officially indicated, and to the payment of an indemnification by the time that
loses in the occasion of the retardation of patrono in ordering or receiving the work or by the arbitrary or injustificada suspension of he
himself. An analogous legal situation to the one of the other workers will be recognized the worker at home, taking in consideration the
peculiarity of its work.
Art. 42. - The woman worker will have right to a rest remunerated before and after the childbirth, and to the conservation of the use.
The laws will regulate the obligation of the patronos to install and to maintain rooms cradles and places of safekeeping for the children of
the workers.
Art. 43. - The patronos are forced to pay indemnification, and to serve medical, pharmaceutical and others that establish the laws, to the
worker who suffers industrial accident or any professional disease.
Art. 44. - The law will regulate the conditions that must reunite the factories, factories and the premises of work.
The State will maintain a service of technical inspection in charge to guard by the faithful fulfillment of the legal norms of work,
attendance, forecast and social security, in order to verify its results and of suggesting the pertinent reforms.
Art. 45. - Domestic the agricultural workers and have right to protection in the matter of wages, day of work, rests, vacations, social
security, indemnifications by dismissal and, in general, to the social benefits. The extension and nature of the rights before mentioned will
be determined by the law in agreement with the conditions and peculiarities of the work. Who serve of domestic character in industrial
companies, commercial, social organizations and other equiparables, will be considered as workers manual and will have the right
recognized these.
Art. 46. - The State will cause the creation of a bank of property of the workers.
Art. 47. - The deprived patronos and workers, without distinction of nationality, sex, race, creed or political ideas and whatever it is his
activity or the nature of the work that makes, have the right freely to be associated for the defense of their respective interests, forming
professional associations or unions. He himself right will have the workers of the independent official institutions.
These organizations have properly right to legal personality and being protected in the exercise of their functions. Its dissolution or
suspension will only be able to be decreed in the cases and with the formalities determined by the law.
The special norms for the constitution and operation of the professional and union organizations of the field and the city, do not have to
limit the freedom of association. All clause of exclusion is prohibited.
The members of the union directors will have to be Salvadoran by birth and during the period of their election and mandate, and after
passed a year of to have stopped in its functions, they could not be dismissed, be suspended disciplinarily, be transferred or gotten worse
as its work, but by right cause described previously by the competent authority.
Art. 48. - The workers have right to strike and the patronos to unemployment. For the exercise of these rights the previous qualification
will not be necessary, after to have tried the solution of the conflict that generates them by means of the stages of pacific solution
established by the law. The effects of strike or unemployment will be retrotraerán at the moment at which these begin.
The law will regulate these rights as far as its conditions and exercise.
Art. 49. - The special jurisdiction of work settles down. The procedures in labor matter will be regulated of such form that allow the fast
solution of the conflicts.
The State has the obligation to promote the conciliation and the arbitration, so that they constitute effective means for the pacific solution
of the work conflicts. Administrative boards of conciliation and arbitration will be able to settle down special, for the collective conflict
resolution of economic character or interests.
Art. 50. - The social security constitutes a public service of obligatory character. The law will regulate its reaches, extension and forms.
This will be served by one or several institutions, those that will have to keep to each other the suitable coordination to assure a good
policy social protection, in specialized form and with optimal use of the resources.
To the payment of the social security they will contribute the patronos, the workers and the State in the form and quantity that the law
determines.
The State and the patronos will be excluded from the obligations that please impose the laws to them in the workers, in the measurement
in which are covered by the Social Insurance.
Art. 51. - The law will determine the companies and establishments that, by their special conditions, are forced to provide, to the worker
and his suitable family, rooms, schools, medical aid and other necessary services and attentions for its well-being.
Art. 52. - The rights consecrated in please the workers are cannot be waived.
The enumeration of the rights and benefits to that this chapter talks about, does not exclude other that are derived from the principles of
social justice.
THIRD SECTION
EDUCATION, SCIENCE AND CULTURE
Art. 53. - The right to the education and the culture is inherent to the human person; consequently, it is obligation and fundamental
purpose of the State his conservation, promotion and diffusion.
The State will cause the investigation and the scientific task.
Art. 54. - The State will organize the educative system for which it will create the institutions and services that are necessary. The
freedom is guaranteed to the natural and legal people to establish deprived centers of education.
Art. 55. - The education has the following aims: to obtain the integral development of the personality in its spiritual, moral and social
dimension; to contribute to the construction of a more prosperous, right and human society democratic; to inculcar the respect to the
human rights and the observance of the corresponding duties; to fight all spirit of intolerancia and hatred; to know the reality national and
to identify themselves with the values of the Salvadoran nationality; and to cause the unit of the Central American town.
The parents will straight have preferred to choose the education of their children.
Art. 56. - All the inhabitants of the Republic have the right and to have to receive basic parvularia education and that enables them to
evolve like useful citizens. The State will promote the formation of centers of special education.
The parvularia education, basic and special will be gratuitous when it distributes the State.
Art. 57. - The education that is distributed in the official educative centers will be essentially democratic.
The private training centers will be subject to regulation and inspection of the State and could be subsidized when they do not have profit
aims.
The State will be able to take to its position, of exclusive way, the formation of the teaching.
Art. 58. - No establishment of education will be able to refuse to admit students by reason for the nature of the union of its ancestors or
security personnel, nor by social, religious, racial or political differences.
Art. 59. - The alphabetization is of social interest. All the inhabitants of the country in the form will contribute to her that determines the
law.
Art. 60. - To exert teaching it is required to credit capacity in the form that the law arranges.
In all the teaching institutions, public or deprived, civilian or military, will be obligatory the education of national history, the civismo, the
moral, the Constitution of the Republic, the human rights and the conservation of the natural resources.
National history and the Constitution will have to be taught by Salvadoran professors.
The freedom of chair is guaranteed.
Art. 61. - The superior education will be governed by a special law. The University of El Salvador and the others of the State will enjoy
autonomy in the aspects educational, administrative and economic. They will have to serve social, respecting the freedom of chair. They
will be governed by statutes framed within this law, which will seat the general principles for its organization and operation.
The games destined to the support of the state universities and the necessary ones will be briefed annually in the Budget of the State to
assure and to increase their patrimony. These institutions will be subject, in agreement with the law, to the control of the corresponding
state organism.
The special law will also regulate the creation and operation of deprived universities, respecting the freedom of chair. These universities
will serve social and they will not persecute profit aims. The same law will regulate the creation and the operation of the official and
deprived technological institutes.
The State will guard by the democratic operation of the institutions of superior education and by its suitable academic level.
Art. 62. - The official language of El Salvador is the Castilian. The government is forced to guard by his conservation and education.
The native languages that are spoken in the national territory comprise of the cultural patrimony and will be object of preservation,
diffusion and respect.
Art. 63. - The artistic, historical and archaeological wealth of the country comprises of the Salvadoran cultural treasure, which is under
safeguard of the State and subject to special laws for its conservation.
Art. 64. - The Patrios Symbols are: the Pavilion or National flag, the Shield of Arms and the National anthem. A law will regulate
concerning this matter.
FOURTH SECTION
HEALTH PUBLISHES AND SOCIAL ATTENDANCE
Art. 65. - The health of the inhabitants of the Republic constitutes a public good. The State and the people are forced to guard by their
conservation and reestablishment.
The State will determine the national policy of health and will control and supervise its application.
Art. 66. - The State will give gratuitous attendance to the patients who lack resources, and to the inhabitants in general, when the
treatment constitutes effective means to prevent the dissemination with a transmissible disease. In this case, all person is forced to be put
under this treatment.
Art. 67. - The services of public health will be essentially technicians. The sanitary, hospitable, paramédicas races settle down and of
hospitable administration.
Art. 68. - A Superior Advice of Public Health will guard by the health of the town. He will be formed the same number of representatives
of the unions medical, odontológico, chemistry-phamacist and veterinary doctor; he will have a President and a Secretary of appointment
of the Executive agency, who will not belong to any of these professions. The law will determine its organization.
The exercise of the professions that are related of an immediate way to the health of the town, will be watched over academic legal
organisms formed by pertaining to each profession. These organisms will have faculty to suspend in the professional exercise to the
members of the union under their control, when they exert his profession with manifest immorality or incapacity. The suspension of
professionals will be able to be solved by the competent organisms just by moral robustness of test.
The Superior Council of Public Health will know and solve of the resources that interpose against the resolutions pronounced by the
organisms to that it alludes to the previous interjection.
Art. 69. - The State will provide the resources necessary and indispensable for the permanent control with the quality of chemical agents,
pharmaceutical and veterinary, by means of monitoring organisms.
Also the State will control the environmental quality of nutritional products and conditions that can affect the health and the well-being.
Art. 70. - The State will take to its position to the indigentes that, by their age or physical or mental incapacity, are unskillful for the work.
I CHAPTER III
THE POLITICAL CITIZENS, THEIR RIGHTS AND DUTIES AND THE ELECTORAL BODY
Art. 71. - All the greater Salvadorans of eighteen years Are citizen.
Art. 72. - The political rights of the citizen are:
1º. - To exert the suffrage;
2º. - To be associated to constitute political parties in agreement with the law and to enter to already constituted;
3º. - To choose to positions public fulfilling the requirements that determine this Constitution and the secondary laws.
Art. 73. - The political duties of the citizen are:
1º. - To exert the suffrage;
2º. - To fulfill and to guard because the Constitution of the Republic is fulfilled;
3º. - To serve to the State in accordance with the law.
The exercise of the suffrage includes/understands, in addition, the right to vote in the direct popular consultation, contemplated in this
Constitution.
Art. 74. - The citizenship rights are suspended by the following causes:
1º. - Formal Arrest warrant;
2º. - Mental Distraction;
3º. - Judicial Interdiction;
4º. - To refuse to carry out, without right cause, a position of popular election; in this case, the suspension will last all along that the
position had to evolve refused.
Art. 75. - The citizen rights Lose:
1º. - Those of well-known vitiated conduct;
2º. - The condemned by crime;
3º. - Those that buy or sell votes in the elections;
4º. - Those that subscribe acts, proclamations or adhesions to promote or to support the re-election or the continuation of the President of
the Republic, or use direct means directed to that aim;
5º. - The civil employees, the authorities and the agents of whom they limit the freedom of the suffrage.
In these cases, the citizenship rights will recover by rehabilitation it express declared by competent authority.
Art. 76. - The electoral body is formed by all the citizens able to emit vote.
Art. 77. - For the exercise of the suffrage it is indispensable condition for being enrolled in the Electoral Registry elaborated by the
Electoral Supreme Court.
The political parties legally registered will have right of monitoring on the elaboration, organization, publication and update of the Electoral
Registry. (1)
Art. 78. - The vote will be free, direct, egalitarian and secret.
Art. 79. - In the territory of the Republic the electoral circumscriptions will settle down that the law will determine. The base of the
electoral system is población.(1)
For elections of Deputies the system of proportional representation will be adopted.
The law will determine the form, time and other conditions for the exercise of the suffrage.
The date of the elections for President and Vice-president of the Republic, will have to precede not less than two months nor more than
four to the initiation of the presidential period.
Art. 80. - The President and Vice-president of the Republic, the Deputies to the Legislative Assembly and the Central American Parliament
and the Members of the Municipal Councils, are election civil employees popular.(1)
When in the elections of President and Vice-president of the Republic no political party or coalition of participant political parties, has
obtained absolute majority of votes in accordance with the practiced scrutiny, one second election will be carried out between both
divided to politicians or coalition of political parties that have obtained greater number of valid votes; this second election will have to be
celebrated in a greater term of thirty days after not to have declared firm the results of the first election.
When by force greater or act of God, properly described by the Legislative Assembly, the second election in the indicated period will not
be able to take place, the election will be verified within a second nongreater period of thirty days.
Art. 81. - The electoral propaganda will be only allowed, even without previous call, four months before the date established by the law
for the election of President and Vice-president of the Republic; two months before, when one is Deputies, and a month before in the case
of the Municipal Councils.
Art. 82. - The ministers of any religious cult, the members in good condition active of the Armed Forces and the members of the Civil
National Police will not be able to belong to political parties nor to choose to election positions popular.(1)
They will not be able either to make political propaganda in no forma.(1)
The exercise of the vote will exert the citizens in the places that the law determines and it will not be able to be made in the enclosures of
the military installations or public security. (1)
THE RIGHTS AND FUNDAMENTAL GUARANTEES OF THE INDIVIDUAL
I CHAPTER I
INDIVIDUAL RIGHTS AND THEIR REGIME OF EXCEPTION
FIRST SECTION
INDIVIDUAL RIGHTS
Art. 2. - All persons have the right to life, physical and moral integrity, freedom, security, work, property and possession, and being
protected in the preservation and defense of such.
The right to honor, personal and family privacy and self determination is guaranteed.
The indemnification settles down, according to the law, by damages of moral character.
Art. 3. - All the people are equal before the law. For the enjoyment of civil rights restrictions will not be able to settle down that are based
on nationality differences, race, sex or religion.
Hereditary uses nor privileges are not recognized.
Art. 4. - All persons are free in the Republic.
He will not be enslaved the one that between in its territory nor citizen the one that deal with slaves. Nobody can be put under servitude
nor no other condition that its dignity reduces.
Art. 5. - All persons have freedom to enter, to remain in the territory of the Republic and to leave this one, except for the limitations that
the law establishes.
Nobody can be forced to change of address or calls to account, but by mandate of judicial authority, in the special cases and by means of
the requirements that the law indicates.
It will be not be possible to extradite a Salvadoran, neither to prohibit it him the entrance in the territory of the Republic, nor to deny to it
him passport for his return or other documents of identification. It will not be able either to prohibit it him the exit of the territory but by
resolution or sentence of dictated competent authority in accordance with the laws.
Art. 6. - All persons can express and spread her thoughts freely whenever she does not disturb the public order, neither injures the moral,
the honor, nor the life deprived of the others. The exercise of this right will not be subject to previous examination, censures nor caution;
but those that making use of him, infringe the laws, will be responsible for the crime which they commit.
In no case it will be able to be kidnapped, like crime instruments, the press, its accessories or any other average one destined to the
diffusion of the thought.
They could not be object of estatización or nationalization, or by expropriation or any other procedure, the companies that are dedicated to
the written, broadcast or televised communication, and other publication companies. This prohibition is applicable to the actions or social
quotas of its proprietors.
The mentioned companies will not be able to establish different tariffs or to make any other type of discrimination by the political or
religious character of which it is published.
One recognizes the right of answer like a protection the rights and fundamental guarantees of the person.
The spectacles public could be put under censorship according to the law.
Art. 7. - The inhabitants of El Salvador must right to be associated freely and to meet pacifically and without arms for any allowed object.
Nobody could be forced to belong to an association.
The exercise of any allowed activity will not be able to be limited nor to be prevented to a person, by the fact of not belonging to an
association.
The existence of groups armed of political, religious or criminal character is prohibited.
Art. 8. - Nobody is forced to do what the law does not command nor to deprive itself of which she does not prohibit.
Art. 9. - Nobody can be forced to make works or to be in PS without right repayment and its total consent, safe in the cases of public
calamity and the others indicated by the law.
Art. 10. - The law cannot authorize no act or contract that implies the loss or the irreparable sacrifice of the freedom or dignity of the
person. It cannot either authorize agreements in which proscripción or exile is agreed to.
Art. 11. - No person can be private of the right to the life, the freedom, the property and possession, nor of any other of her rights
without previously being heard and being won in judgment in accordance with the laws; nor she can be judged twice by the same cause.
The person has right to the habeas corpus when any individual or authority restricts illegal or arbitrarily its freedom. Also corpus will
come the habeas when any authority attempts against the dignity or physical integrity, psychic or moral of the lengthy people. (6)
Art. 12. - All person to whom is imputed a crime to him, will presume innocent while its culpability according to the law and in public
judgment is not proven, in which all the necessary guarantees for their defense make sure to him.
The lengthy person must be informed into immediate and comprehensible way, its rights and the reasons of her halting, not being able to
be forced to declare. The attendance of defender in the diligences of the auxiliary organs of the justice administration and in the judicial
processes is guaranteed to the prisoner, in the terms that the law establishes.
The declarations that are obtained without the will of the person lack value; who therefore will obtain them and use will bear criminal
responsibility.
Art. 13. - No governmental organ, authority or civil employee will be able to issue prison or halting orders if it is not in accordance with
the law, and these orders will always have to be written. When a delinquent is surprised infraganti, she can be stopped by any person, to
give it immediately to the competent authority.
The administrative halting will not exceed seventy and two hours, within which it will have to be briefed at your service to the prisoner of
the competent judge, with the diligences that will have practiced.
The halting to inquire will not happen of seventy and two hours and the corresponding court will be forced to notify to the prisoner in
person the reason for his halting, to receive his investigatory one and to decree to his freedom or provisional halting, within this term.
For reasons of social defense, they could be put under reeducativas readjustment or safety measures, the subjects that by their antisocial,
immoral or harmful activity, reveal a dangerous state and offer imminent risks for the society or the individuals. These safety measures
must be strictly regulated by the law and put under the competition of the Judicial Organ.
Art. 14. - The faculty Corresponds solely to the Judicial Organ to impose punishments. Despite the administrative authority it will be able
to sanction, by means of resolution or it sentences and previous the due process, the contraventions to the laws, regulations or decrees,
with arrest until by five days or fine, which will be able to be permuted by social services lent the community. (7)
Art. 15. - Nobody can be judged but according to laws promulgated prior to in question fact, and by the courts whom previously the law
has established.
Art. 16. - A same judge cannot be it in diverse instances in a same cause.
Art. 17. - No Organ, civil employee or authority, will be able to avocar pending causes, nor to begin to trials or concluded procedures. In
case of revision in penal matter the State will compensate according to the Law the victims of the judicial errors properly verified.
There will be place to the indemnification by justice retardation. The Law will subsidiarily establish the direct responsibility of the civil
employee and the one of the State.
Art. 18. - All person must right to direct her requests in writing, of decent way, to the legally settled down authorities; to that they are
solved to him, and that lets itself know the resolute thing him.
Art. 19. - The registry or the search of the person will be able to practice to prevent or Only to find out crimes or lack.
Art. 20. - The dwelling is inviolable and it will only be able to be entered her by consent of the person who inhabits it, by judicial mandate,
flagrant crime or imminent danger of its perpetration, or by serious risk of the people.
The violation of this right will give rise to demand indemnification by the caused damages and damages.
Art. 21. - The laws cannot have retroactive, safe effect in matters of public order, and penal matter when the new law is favorable to the
delinquent.
The Supreme Court of Justice it will always have the faculty to determine, within his competition, if a law is or not of public order.
Art. 22. - All person must right to freely have her goods according to the law. The property is transmissible in the form in which they
determine the laws. There will be free patenting.
Art. 23. - The freedom is guaranteed to contract according to the laws. No person who has the free administration of her goods can be
private of the right to finish to her civil or commercial subjects by transaction or arbitration. As far as that they do not have that free
administration, the law will determine the cases in that they can do it and the indispensable requirements.
Art. 24. - The correspondence of all class is inviolable, intercepted will not make faith nor will be able to appear in no performance, safe
in the cases of aid and bankruptcy. One prohibits the interference and the intervention of the telephone communications.
Art. 25. - The free exercise of all the religions is guaranteed, without more limit than the layout by the moral and the public order. No
religious act will serve to establish the civil state of the people.
Art. 26. - The legal personality of the Catholic Church is recognized. The other churches will be able to obtain, according to the law, the
recognition of their personality.
Art. 27. - The capital punishment in the cases anticipated by the military laws will only be able to prevail during the international state
military.
One prohibits the perpetual prison by debts, pains, the infamantes, the proscriptivas and all species of torment.
The State will organize the penitentiary centers with object to correct the delinquents, to educate them and to form work habits to them,
trying its readjustment and the prevention of the crimes.
Art. 28. - El Salvador grants asylum to the foreigner whom it loves to reside in his territory, except in the cases anticipated by the laws
and the right International. It will not be able to be included in the cases of exception with that is only persecuted for political reasons.
The extradition will be regulated according to International Treaties and when it is Salvadorans, it will come if the corresponding treaty
specifically establishes it and only has been approved by the Legislative Organ of the countries subscribers. In any case, their stipulations
will have to consecrate the reciprocity principle and to grant to the Salvadorans all the penal and procedural guarantees that this
Constitution establishes.
The extradition will come when the crime has been committed in the territorial jurisdiction of the country applicant, except for when it is
the crimes of international importance, and will not be able stipular in no case by political crimes, although by consequence of these will
be common crimes.
The ratification of Treaties of Extradition will require both third of votes of the elect deputies. (18)
SECOND SECTION
EXCEPTION REGIME
Art. 29. - In cases military, invasion of the territory, rebellion, sedition, catastrophe, epidemic or another general calamity, or of serious
disturbances of the public order, will be able to be suspended the guarantees established in articles 5, 6 interjection first, 7 interjection first
and 24 of this Constitution, except when it is meetings or associations with religious aims, cultural, economic or sport. Such suspension
will be able to affect the totality or leaves from the territory of the Republic, and it will become by means of decree of the Legislative
Organ or the Executive agency, in his case.
Also interjection second and 13 will be able to be suspended to the guarantees contained in Arts. 12 interjection second of this
Constitution, when therefore the Legislative Organ decides to it, with the favorable vote of the three fourth parts of the elect Deputies; not
exceeding the administrative halting fifteen days.
Interjection 3º SUPPRESSED. (1)
Art. 30. - The term of suspension of the constitutional guarantees will not exceed 30 days. Passed east term the suspension will be able to
extend, the same period and by means of new decree, if they continue the circumstances that motivated it. If such decree is not emitted,
will be established of right plenary session the suspended guarantees. (1)
Art. 31. - When the circumstances disappear that motivated the suspension of the constitutional guarantees, the Legislative Assembly, or
the Cabinet, according to the case, must restore such guarantees.
I TITLE II
SOCIAL RIGHTS
FIRST SECTION
FAMILY
Art. 32. - The family is the fundamental base of the society and will have the protection of the State, that will dictate the necessary
legislation and will create the appropriate organisms and services for its integration, well-being and social development, cultural and
economic.
The legal foundation of the family is the marriage and rests in the legal equality of the spouses.
The State will foment the marriage; but the lack of this one will not affect the enjoyment of the rights that settle down please in the family.
Art. 33. - The law will to each other regulate the personal and patrimonial relations of the spouses and among them and their children,
establishing the reciprocal rights and duties on equitable bases; and it will create the institutions necessary to guarantee his applicability. It
will also regulate the resulting familiar relations of the stable union of a man and a woman.
Art. 34. - All minor must right to live in familiar and environmental conditions that allow their integral development him, for which it will
have the protection of the State.
The law will determine the duties of the State and will create the institutions for the protection of the maternity and the childhood.
Art. 35. - The State will protect the physical, mental and moral health of the minors, and will guarantee the right of these to the education
and the attendance.
The antisocial conduct of the minors that constitutes crime or lack will be subject to special a legal regime.
Art. 36. - The children born inside or outside marriage and the adoptive ones, in front of have equal right their parents. It is obligation of
these to give to his children protection, attendance, education and security.
Any qualification will not be briefed in acts of the Civil Registry on the nature of the connection, nor will be expressed in the birth games
the civil state of the parents.
All person must right to have a name that identifies it. The secondary law will regulate this matter.
The law will also determine the forms to investigate and to establish the paternity.
SECOND SECTION
WORK AND SOCIAL SECURITY
Art. 37. - The work is a social function, it enjoys the protection of the State, and commerce article is not considered.
The State will use all the resources that are to their reach to provide occupation to the worker, manual or intellectual, and to assure to him
and his family the economic conditions of a worthy existence. Similarly it will promote the work and physical, mental or social use of the
people with limitations or incapacities.
Art. 38. - The work will be regulated by a Code that it will intend main to harmonize the relations between patronos and workers, being
established his rights and obligations. It will be based on general principles that tend to the improvement of the conditions of life of the
workers, and will include specially the following rights:
1º. - In a same company or establishment and identical circumstances, to equal work equal remuneration to the worker must correspond,
whatever it is his sex, race, creed or nationality;
2º. - All worker must right to yield a minimum wage, that will pay attention periodically. In order to fix this wage he will be taken care of
the cost of the life mainly, to the nature of the work, the different systems from remuneration, the different zones of production and other
similar criteria. This wage will have to be sufficient to satisfy the normal necessities with the home of the worker in the material, moral
and cultural order.
In the works, by adjustment or price by piece raised, it is obligatory to assure the minimum wage by day work;
3º. - The social wage and benefits, in the quantity that determines the law, are unattachable and they are not possible to be compensated
nor to be retained, safe by nutritional obligations. Also they can be retained by obligations of social security, union quotas or taxes. The
instruments of work of the workers are unattachable;
4º. - The wage must be paid in currency of legal course. The social wage and benefits constitute credits privileged in relation to the other
credits that can exist against patrono;
5º. - The patronos will give to their workers a premium by every year of work. The law will establish the form in which its quantity in
relation to the wages will be determined;
6º. - The ordinary day of diurnal effective work will not exceed eight hours and the labor week of forty and four hours.
The maximum of extraordinary hours for each job class will be determined by the law.
The nocturnal day and the one that is fulfilled in dangerous tasks or unhealthy, he will be inferior to the diurnal one and will be regulated
by the law. The limitation of the day will not be applied in cases of greater force.
The law will determine the extension of the pauses that will be to interrupt the day when, taking care of biological causes, the rate of the
tasks therefore demands it, and the one of which will have to mediate between two days.
The extraordinary hours and the nocturnal work will be remunerated with surcharge;
7º. - All worker has right to a day of rest remunerated by every labor week, in the form that demands the law.
The workers who do not enjoy rest in the indicated days previously, will have right to an extraordinary remuneration by the services that
lend in those days and to a rest compensatorio;
8º. - The workers will have right to rest remunerated in the days off that indicates the law; this one will determine the class of workings in
which it will not govern this one disposition, but in such cases, the workers will have right to extraordinary remuneration;
9º. - All worker who credits a minimum benefit of services during a given lapse, will have right to remunerated annual vacations in the
form that will determine the law. The vacations will not be able to be compensated in money, and to the obligation of patrono to give them
the one of the worker corresponds to take them;
10º. - The minors of fourteen years, and those that being fulfilled that age follow put under obligatory education by virtue of the law,
could not be occupied in any job class.
Its occupation will be able to be authorized when it is considered indispensable for the subsistence of such or its family, whenever it does
not prevent them to fulfill the minimum of obligatory instruction.
The day of the minors of sixteen years could not be greater of six hours daily and thirty and four weeklies, in any job class.
The work to the minors of eighteen years and the women in unhealthy or dangerous workings is prohibited. Also the nocturnal work to
the minors of eighteen years is prohibited. The law will determine the dangerous or unhealthy workings;
11º. - Patrono that dismisses a worker without just cause is forced to compensate it according to the law;
12º. - The law will determine the conditions under which the patronos will be forced to pay to their permanent workers, who resign to
their work, an economic benefit whose amount will pay attention in relation to the wages and the time on watch.
The resignation with no need produces its effects of acceptance of patrono, but the refusal of this one to pay the corresponding benefit
constitutes legal presumption of unjust dismissal.
In case of total and permanent incapacity or death of the worker, this one or its beneficiaries will have right to the benefits that would
receive in the case of voluntary resignation.
Art. 39. - The law will regulate the conditions in which the contracts and collective conventions of work will be celebrated. The
stipulations that these contain will be applicable to all the workers of the companies that will have subscribed them, although do not belong
to the contracting union, and also to the other workers who enter such companies during the use of these contracts or conventions. The
law will establish the procedure to uniform the conditions of work in the different economic activities, with base in the dispositions that
contains most of contracts and effective collective conventions of work in each class of activity.
Art. 40. - One settles down a system of professional formation for the qualification and qualification of the human resources.
The law will regulate the reaches, extension and forms in which the system must be put into effect.
The learning contract will be regulated by the law, with the intention of assuring to the apprentice education an office, worthy treatment,
equitable repayment and benefits of forecast and social security.
Art. 41. - The worker at home has right to a minimum wage officially indicated, and to the payment of an indemnification by the time that
loses in the occasion of the retardation of patrono in ordering or receiving the work or by the arbitrary or injustificada suspension of he
himself. An analogous legal situation to the one of the other workers will be recognized the worker at home, taking in consideration the
peculiarity of its work.
Art. 42. - The woman worker will have right to a rest remunerated before and after the childbirth, and to the conservation of the use.
The laws will regulate the obligation of the patronos to install and to maintain rooms cradles and places of safekeeping for the children of
the workers.
Art. 43. - The patronos are forced to pay indemnification, and to serve medical, pharmaceutical and others that establish the laws, to the
worker who suffers industrial accident or any professional disease.
Art. 44. - The law will regulate the conditions that must reunite the factories, factories and the premises of work.
The State will maintain a service of technical inspection in charge to guard by the faithful fulfillment of the legal norms of work,
attendance, forecast and social security, in order to verify its results and of suggesting the pertinent reforms.
Art. 45. - Domestic the agricultural workers and have right to protection in the matter of wages, day of work, rests, vacations, social
security, indemnifications by dismissal and, in general, to the social benefits. The extension and nature of the rights before mentioned will
be determined by the law in agreement with the conditions and peculiarities of the work. Who serve of domestic character in industrial
companies, commercial, social organizations and other equiparables, will be considered as workers manual and will have the right
recognized these.
Art. 46. - The State will cause the creation of a bank of property of the workers.
Art. 47. - The deprived patronos and workers, without distinction of nationality, sex, race, creed or political ideas and whatever it is his
activity or the nature of the work that makes, have the right freely to be associated for the defense of their respective interests, forming
professional associations or unions. He himself right will have the workers of the independent official institutions.
These organizations have properly right to legal personality and being protected in the exercise of their functions. Its dissolution or
suspension will only be able to be decreed in the cases and with the formalities determined by the law.
The special norms for the constitution and operation of the professional and union organizations of the field and the city, do not have to
limit the freedom of association. All clause of exclusion is prohibited.
The members of the union directors will have to be Salvadoran by birth and during the period of their election and mandate, and after
passed a year of to have stopped in its functions, they could not be dismissed, be suspended disciplinarily, be transferred or gotten worse
as its work, but by right cause described previously by the competent authority.
Art. 48. - The workers have right to strike and the patronos to unemployment. For the exercise of these rights the previous qualification
will not be necessary, after to have tried the solution of the conflict that generates them by means of the stages of pacific solution
established by the law. The effects of strike or unemployment will be retrotraerán at the moment at which these begin.
The law will regulate these rights as far as its conditions and exercise.
Art. 49. - The special jurisdiction of work settles down. The procedures in labor matter will be regulated of such form that allow the fast
solution of the conflicts.
The State has the obligation to promote the conciliation and the arbitration, so that they constitute effective means for the pacific solution
of the work conflicts. Administrative boards of conciliation and arbitration will be able to settle down special, for the collective conflict
resolution of economic character or interests.
Art. 50. - The social security constitutes a public service of obligatory character. The law will regulate its reaches, extension and forms.
This will be served by one or several institutions, those that will have to keep to each other the suitable coordination to assure a good
policy social protection, in specialized form and with optimal use of the resources.
To the payment of the social security they will contribute the patronos, the workers and the State in the form and quantity that the law
determines.
The State and the patronos will be excluded from the obligations that please impose the laws to them in the workers, in the measurement
in which are covered by the Social Insurance.
Art. 51. - The law will determine the companies and establishments that, by their special conditions, are forced to provide, to the worker
and his suitable family, rooms, schools, medical aid and other necessary services and attentions for its well-being.
Art. 52. - The rights consecrated in please the workers are cannot be waived.
The enumeration of the rights and benefits to that this chapter talks about, does not exclude other that are derived from the principles of
social justice.
THIRD SECTION
EDUCATION, SCIENCE AND CULTURE
Art. 53. - The right to the education and the culture is inherent to the human person; consequently, it is obligation and fundamental
purpose of the State his conservation, promotion and diffusion.
The State will cause the investigation and the scientific task.
Art. 54. - The State will organize the educative system for which it will create the institutions and services that are necessary. The
freedom is guaranteed to the natural and legal people to establish deprived centers of education.
Art. 55. - The education has the following aims: to obtain the integral development of the personality in its spiritual, moral and social
dimension; to contribute to the construction of a more prosperous, right and human society democratic; to inculcar the respect to the
human rights and the observance of the corresponding duties; to fight all spirit of intolerancia and hatred; to know the reality national and
to identify themselves with the values of the Salvadoran nationality; and to cause the unit of the Central American town.
The parents will straight have preferred to choose the education of their children.
Art. 56. - All the inhabitants of the Republic have the right and to have to receive basic parvularia education and that enables them to
evolve like useful citizens. The State will promote the formation of centers of special education.
The parvularia education, basic and special will be gratuitous when it distributes the State.
Art. 57. - The education that is distributed in the official educative centers will be essentially democratic.
The private training centers will be subject to regulation and inspection of the State and could be subsidized when they do not have profit
aims.
The State will be able to take to its position, of exclusive way, the formation of the teaching.
Art. 58. - No establishment of education will be able to refuse to admit students by reason for the nature of the union of its ancestors or
security personnel, nor by social, religious, racial or political differences.
Art. 59. - The alphabetization is of social interest. All the inhabitants of the country in the form will contribute to her that determines the
law.
Art. 60. - To exert teaching it is required to credit capacity in the form that the law arranges.
In all the teaching institutions, public or deprived, civilian or military, will be obligatory the education of national history, the civismo, the
moral, the Constitution of the Republic, the human rights and the conservation of the natural resources.
National history and the Constitution will have to be taught by Salvadoran professors.
The freedom of chair is guaranteed.
Art. 61. - The superior education will be governed by a special law. The University of El Salvador and the others of the State will enjoy
autonomy in the aspects educational, administrative and economic. They will have to serve social, respecting the freedom of chair. They
will be governed by statutes framed within this law, which will seat the general principles for its organization and operation.
The games destined to the support of the state universities and the necessary ones will be briefed annually in the Budget of the State to
assure and to increase their patrimony. These institutions will be subject, in agreement with the law, to the control of the corresponding
state organism.
The special law will also regulate the creation and operation of deprived universities, respecting the freedom of chair. These universities
will serve social and they will not persecute profit aims. The same law will regulate the creation and the operation of the official and
deprived technological institutes.
The State will guard by the democratic operation of the institutions of superior education and by its suitable academic level.
Art. 62. - The official language of El Salvador is the Castilian. The government is forced to guard by his conservation and education.
The native languages that are spoken in the national territory comprise of the cultural patrimony and will be object of preservation,
diffusion and respect.
Art. 63. - The artistic, historical and archaeological wealth of the country comprises of the Salvadoran cultural treasure, which is under
safeguard of the State and subject to special laws for its conservation.
Art. 64. - The Patrios Symbols are: the Pavilion or National flag, the Shield of Arms and the National anthem. A law will regulate
concerning this matter.
FOURTH SECTION
HEALTH PUBLISHES AND SOCIAL ATTENDANCE
Art. 65. - The health of the inhabitants of the Republic constitutes a public good. The State and the people are forced to guard by their
conservation and reestablishment.
The State will determine the national policy of health and will control and supervise its application.
Art. 66. - The State will give gratuitous attendance to the patients who lack resources, and to the inhabitants in general, when the
treatment constitutes effective means to prevent the dissemination with a transmissible disease. In this case, all person is forced to be put
under this treatment.
Art. 67. - The services of public health will be essentially technicians. The sanitary, hospitable, paramédicas races settle down and of
hospitable administration.
Art. 68. - A Superior Advice of Public Health will guard by the health of the town. He will be formed the same number of representatives
of the unions medical, odontológico, chemistry-phamacist and veterinary doctor; he will have a President and a Secretary of appointment
of the Executive agency, who will not belong to any of these professions. The law will determine its organization.
The exercise of the professions that are related of an immediate way to the health of the town, will be watched over academic legal
organisms formed by pertaining to each profession. These organisms will have faculty to suspend in the professional exercise to the
members of the union under their control, when they exert his profession with manifest immorality or incapacity. The suspension of
professionals will be able to be solved by the competent organisms just by moral robustness of test.
The Superior Council of Public Health will know and solve of the resources that interpose against the resolutions pronounced by the
organisms to that it alludes to the previous interjection.
Art. 69. - The State will provide the resources necessary and indispensable for the permanent control with the quality of chemical agents,
pharmaceutical and veterinary, by means of monitoring organisms.
Also the State will control the environmental quality of nutritional products and conditions that can affect the health and the well-being.
Art. 70. - The State will take to its position to the indigentes that, by their age or physical or mental incapacity, are unskillful for the work.
I CHAPTER III
THE POLITICAL CITIZENS, THEIR RIGHTS AND DUTIES AND THE ELECTORAL BODY
Art. 71. - All the greater Salvadorans of eighteen years Are citizen.
Art. 72. - The political rights of the citizen are:
1º. - To exert the suffrage;
2º. - To be associated to constitute political parties in agreement with the law and to enter to already constituted;
3º. - To choose to positions public fulfilling the requirements that determine this Constitution and the secondary laws.
Art. 73. - The political duties of the citizen are:
1º. - To exert the suffrage;
2º. - To fulfill and to guard because the Constitution of the Republic is fulfilled;
3º. - To serve to the State in accordance with the law.
The exercise of the suffrage includes/understands, in addition, the right to vote in the direct popular consultation, contemplated in this
Constitution.
Art. 74. - The citizenship rights are suspended by the following causes:
1º. - Formal Arrest warrant;
2º. - Mental Distraction;
3º. - Judicial Interdiction;
4º. - To refuse to carry out, without right cause, a position of popular election; in this case, the suspension will last all along that the
position had to evolve refused.
Art. 75. - The citizen rights Lose:
1º. - Those of well-known vitiated conduct;
2º. - The condemned by crime;
3º. - Those that buy or sell votes in the elections;
4º. - Those that subscribe acts, proclamations or adhesions to promote or to support the re-election or the continuation of the President of
the Republic, or use direct means directed to that aim;
5º. - The civil employees, the authorities and the agents of whom they limit the freedom of the suffrage.
In these cases, the citizenship rights will recover by rehabilitation it express declared by competent authority.
Art. 76. - The electoral body is formed by all the citizens able to emit vote.
Art. 77. - For the exercise of the suffrage it is indispensable condition for being enrolled in the Electoral Registry elaborated by the
Electoral Supreme Court.
The political parties legally registered will have right of monitoring on the elaboration, organization, publication and update of the Electoral
Registry. (1)
Art. 78. - The vote will be free, direct, egalitarian and secret.
Art. 79. - In the territory of the Republic the electoral circumscriptions will settle down that the law will determine. The base of the
electoral system is población.(1)
For elections of Deputies the system of proportional representation will be adopted.
The law will determine the form, time and other conditions for the exercise of the suffrage.
The date of the elections for President and Vice-president of the Republic, will have to precede not less than two months nor more than
four to the initiation of the presidential period.
Art. 80. - The President and Vice-president of the Republic, the Deputies to the Legislative Assembly and the Central American Parliament
and the Members of the Municipal Councils, are election civil employees popular.(1)
When in the elections of President and Vice-president of the Republic no political party or coalition of participant political parties, has
obtained absolute majority of votes in accordance with the practiced scrutiny, one second election will be carried out between both
divided to politicians or coalition of political parties that have obtained greater number of valid votes; this second election will have to be
celebrated in a greater term of thirty days after not to have declared firm the results of the first election.
When by force greater or act of God, properly described by the Legislative Assembly, the second election in the indicated period will not
be able to take place, the election will be verified within a second nongreater period of thirty days.
Art. 81. - The electoral propaganda will be only allowed, even without previous call, four months before the date established by the law
for the election of President and Vice-president of the Republic; two months before, when one is Deputies, and a month before in the case
of the Municipal Councils.
Art. 82. - The ministers of any religious cult, the members in good condition active of the Armed Forces and the members of the Civil
National Police will not be able to belong to political parties nor to choose to election positions popular.(1)
They will not be able either to make political propaganda in no forma.(1)
The exercise of the vote will exert the citizens in the places that the law determines and it will not be able to be made in the enclosures of
the military installations or public security. (1)
Three indigenous tribes, the Pipil, Nahua and Lencas dominated the region for thousands of
years. In 1524, Spain made its first attempt to take control of the area under the leadership of
Pedro de Alvarado who subjugated it in 1524 and named the region El Salvador. It remained
under the control of the Governor of Guatemala until 1821. Independence attempts began in
1811. El Salvador and other Latin American nations, with the support of the United States,
declared independence in 1821 and formed a federation which dissolved in 1838. Its first
constitution was promulgated in 1824 but 14 families which ruled El Salvador exercised near
feudal control over the nation. Authoritarian power best the nation through the 1970s with a
fig leaf of democracy culminating in a twelve-year civil war which ensued in 1979. A new
constitution was drafted in 1983 and has been amended a few times. Human rights are
enumerated beginning with Title II Two (The Rights and Fundamental Guarantees of the
Individual) and conform with the 1948 Universal Declaration of Human Rights of which El
Salvador is a signatory. For a full English translation of El Salvador's Constitution, click here
years. In 1524, Spain made its first attempt to take control of the area under the leadership of
Pedro de Alvarado who subjugated it in 1524 and named the region El Salvador. It remained
under the control of the Governor of Guatemala until 1821. Independence attempts began in
1811. El Salvador and other Latin American nations, with the support of the United States,
declared independence in 1821 and formed a federation which dissolved in 1838. Its first
constitution was promulgated in 1824 but 14 families which ruled El Salvador exercised near
feudal control over the nation. Authoritarian power best the nation through the 1970s with a
fig leaf of democracy culminating in a twelve-year civil war which ensued in 1979. A new
constitution was drafted in 1983 and has been amended a few times. Human rights are
enumerated beginning with Title II Two (The Rights and Fundamental Guarantees of the
Individual) and conform with the 1948 Universal Declaration of Human Rights of which El
Salvador is a signatory. For a full English translation of El Salvador's Constitution, click here