| GUATEMALA Republic of Guatemala Republica de Guatemala Joined United Nations: 21 November 1945 Human Rights as assured by their constitution Updated 06 December 2012 |
TRANSLATED BY GOOGLE TRANSLATE
I TITLE II
HUMAN RIGHTS
CHAPTER I
INDIVIDUAL RIGHTS
I ARTICULATE 3. - Right to the life. The state guarantees and protects the human life from its conception, as well as the integrity and
the security of the person.
I ARTICULATE 4. - Freedom and equality. In Guatemala all the human beings are free and equal in dignity and rights. The man and the
woman, whatever it is his civil state, have equal opportunities and responsibilities. No person pued and to be put under servitude nor
another condition that its dignity reduces. The human beings must keep brotherly conduct to each other.
I ARTICULATE 5. - Freedom of action. All person must right to do what the law does not prohibit; she is not forced to accept orders
that are not based on law and emitted according to her. She could not either be persecuted nor be bothered by his opinions or acts that do
not imply infraction to the same one.
I ARTICULATE 6. - Legal Halting. No person can be stopped or imprisoned, but because of crime or lack and by virtue of order freed
with attachment to the law by competent judicial authority. The cases of flagrant crime or lack are excepted. The s lengthy no other
authority will have to be made available of the competent judicial authority in a term that does not exceed six hours, and will not be able to
have left subjects.
The civil employee, or agent of the authority that infringes the arranged thing in this article will be sanctioned according to the law, and
the courts, of office, will initiate the corresponding process.
I ARTICULATE 7. - Notification of the halting cause. All lengthy person will have to be notified immediately, in verbal form and in
writing, of the cause that its halting motivated, authority that ordered it and place in which she will remain. The same notification will have
to become by average the more express to the person who the prisoner designates and the authority will be responsible for the
effectiveness of the notification.
I ARTICULATE 8. - Right of the prisoner. All prisoner will have to be informed immediately into his rights in form that are to him
comprehensible, specially that can be provided with a defender, which could be present in all the police and judicial diligences. The
prisoner could not be forced to declare but before competent judicial authority.
I ARTICULATE 9. - Lengthy Interrogation to or imprisoned. The judicial authorities are only the competent ones to interrogate to the
prisoners or prisoners. This diligence will have to practice within a term that does not exceed twenty-four hours.
The extrajudicial interrogation lacks probatory value.
I ARTICULATE 10. - Center of legal halting. The people apprehended by the authority could not be lead to places of halting, arrest or
prison different from which is legal and publicly destined to the effect. The centers of halting, arrest or provisional prison, will be
different from those in that are to be fulfilled the sentences.
The authority and its agents, who violate the arranged thing in the present article, will be personally responsible.
I ARTICULATE 11. - Halting by lack or infractions. By lack or infractions to the regulations the people do not have to remain lengthy
whose identity can settle down by means of documentation, by the testimony of person of root, or po r the own authority.
In these cases, under penalty of the corresponding sanction, the authority will limit its assignment to report of the fact to competent judge
and to prevent the violator, so that it appears every day before he himself within the forty and eight hours capable of the year, and the
hours between the eight and eighteen hours.
Who disobey the location will be sanctioned according to the law. The person who cannot identify itself according to the arranged thing in
this article, will be made available of the nearer judicial authority, within the first hour siguien you to her halting.
I ARTICULATE 12. - Straight of defense. The defense of the person and its rights are inviolable. Nobody could be condemned, nor
private of its rights, without to be mentioned, to be heard and to be overcome in legal process before judge or cido competent and
prestable court.
No person can be judged by Special or secret Courts, nor by procedures that are not pre-established legally.
I ARTICULATE 13. - Reasons for arrest warrant. Arrest warrant will not be able to be dictated, without it precedes information of to
have committed a crime and without rational reasons concur sufficient to think that the lengthy person has committed it or parti cipado in
him.
The police authorities will not be able to present/display of office, before social mass media, to no person who has previously not been
investigated by competent court.
I ARTICULATE 14. - Presumption of innocence and publicity of the process. All person is innocent, while she has not declared herself to
him responsible judicially, in sentence properly ejecutoriada.
The prisoner, the victim, the Public Ministry and the lawyers who have been designated by the interested ones, in verbal or written form,
must right to know personally, all the penal performances, documents and diligences, without reserve some to and in immediate form.
I ARTICULATE 15. - Nonretroactive character of the law. The law does not have retroactive, safe effect in penal matter when it favors
the criminal.
I ARTICULATE 16. - Declaration against himself and relatives. In penal process, no person can be forced to declare against itself, against
her spouse or united person in fact legally, nor against his relatives within the law degrees.
I ARTICULATE 17. - There is crime nor no pain without previous law. The actions or omissions are not punibles that are not described
like crime or lack and punished by law previous to their perpetration.
There is no prison by debt.
I ARTICULATE 18. - Capital punishment. The capital punishment will not be able to prevail in the following cases:
1. With it bases on presumptions;
2. To the women;
3. To the greater ones of sixty years;
4. To the criminals of connected political and common crimes with the politicians; and
5. To criminals whose extradition has been granted under that condition.
Against the sentence that imposes the capital punishment, they will be permissible all pertinent the legal resources, including the one of
abrogation; this one always will be admitted for its proceeding. The pain will be executed after exhausting all the resources.
The Congress of the Republic will be able to abolish the capital punishment.
I ARTICULATE 19. - Penitentiary System. The penitentiary system must tend to the social readjustment and the reeducation of the
inmates and fulfill in the treatment of such, with the following minimum norms:
1. They must be treated like human beings; they must be discriminated by reason some, neither could inflict to it them cruel treatments,
physical, moral, psychic tortures, you compel or incompatible annoyances, works with its physical state, actions degrading s to its
dignity, or do victims to them of exacciones, nor be put under scientific experiments;
2. They must fulfill the pains in the places destined for the effect. The penal centers are of civil character and with specialized personnel;
and
3. They must right to communicate, when they ask for it, with his relatives, defense counsel, attending monk or doctor, and in his case,
with the diplomatic or consular representative of his nationality.
The infraction of anyone of the norms established in this article, gives right the prisoner to demand of the State the indemnification by the
caused damages and the Supreme Court of Justice it will order his close-in protection.
The State will have to create and to foment the conditions for the exact fulfillment of the preceptuado thing in this article.
I ARTICULATE 20. - Minor. Minor that transgresses the law is inimputables. Its treatment must be oriented towards an own integral
education for the childhood and youth.
The minors, whose conduct breaks the penal law, will be taken care of by institutions and personal specialized. By no reason they can be
shut in penal centers or of halting destined for adults. A specific law will regulate this matter.
I ARTICULATE 21. - Sanctions to civil employees or employees public. The civil employees, employees public and other people who
both issue or execute orders against the previous article arranged thing, in addition to the sanctions that imposes the law to them, rán
dismissed immediately of its position, in its case, and disqualified for the performance of any position or public use.
The guard who will make illegal use of means or arms against a prisoner or prisoner, will be responsible according to the Penal Law. The
crime committed in those circumstances is imprescriptible.
I ARTICULATE 22. - Criminal records and police. The criminal records and police are not cause so that to the people it is restricted to
them in the exercise of his rights that this Constitution and the laws of the Republic guarantees to them, except for c uando are limited by
law, or in firm sentence, and by the term fixed to the same one.
I ARTICULATE 23. - Inviolabilidad of the house. The house is inviolable. Nobody will be able to penetrate in other people's dwelling
without permission of that inhabits it, safe by written order of competent judge in which never specifies the reason for the diligence and
before the six nor after the eighteen hours, Such diligence will be always made in the presence of the interested one, or of its agent chief
executive.
I ARTICULATE 24. - Inviolabilidad of correspondence, documents and books. The correspondence of all person, their documents and
books are inviolable. They will only be able to be reviewed or to seize itself, by virtue of resolution signs dictated by competent judge and
with the legal formalities. It is guaranteed the secret of the correspondence and the telephone, wireless, cablegráficas communications and
other products of the modern technology.
The books, documents and archives that are related to the payment of taxes, appraise, wills and contributions, could be reviewed by the
competent authority in accordance with the law. He is punible to reveal the amount of the paid taxes, utilities, losses, costs and any other
data referring to audited to individual or legal people, with exception of the general balance sheets, whose publication orders the law.
The documents or data obtained with violation of this article do not produce faith nor test in judgment.
I ARTICULATE 25. - Registry of people and vehicles. The registry of the people and the vehicles, will only be able to take place by
elements of the security forces when cause justified for it settles down. For that effect, the elements of l ace security forces will have to
appear properly uniformed and to belong to he himself sex of the confiscated ones, having to keep the respect to the dignity, privacy and
honor of the people.
I ARTICULATE 26. - Freedom of locomotion. All person has freedom to enter, to remain, to journey and to leave the national territory
and to change of address or calls to account, without more limitations than the settled down ones by law.
She will be able to expatriar itself to no Guatemalan, neither to prohibit it him the entrance to the national territory or to deny to it him
passport or other documents of identification.
The Guatemalans can enter and leave the country without filling the visa requirement.
The law will determine the responsibilities that they incur that infringe this disposition.
I ARTICULATE 27. - Right of asylum. Guatemala recognizes the right of asylum and it grants it in agreement with the international
practices.
The extradition is governed by the international treaty arranged thing.
By political crimes the extradition of Guatemalans will not be tried, who in no case will be given to foreign government, except for
arranged in treaties and the conventions with respect to the crimes of lesa humanity or against the international right.
The expulsion will not remember the national territory of a political refugee, to the country that persecutes it.
I ARTICULATE 28. - Right of petition. The inhabitants of the Republic of Guatemala must right to direct collectively, individual or,
requests to the authority, the one that is forced to transact them and will have to solve them according to the law.
In administrative matter the term to solve requests and to notify the resolutions will not be able to exceed thirty days.
In fiscal matter, to oppose administrative resolutions in the files that originate in repairs or adjustments by any tribute, the previous
payment of the tax or guarantee will not be demanded to the contributor some.
I ARTICULATE 29. - Free access to courts and dependencies of the State. All person has free access to the courts, dependencies and
offices of the State, to exert her actions and to make be worth her rights in accordance with the law.
The foreigners will be able solely to go to the diplomatic channels in case of justice refusal.
He is not described like so, the single fact that the failure is in opposition to their interests and in any case, must have exhausted the legal
resources that establish the Guatemalan laws.
I ARTICULATE 30. - Publicity of the administrative acts. All the acts of the administration are public. The interested ones must right to
obtain, at any time, information, copies, reproductions and certifications that they ask for and exhibi ción of the files that wish to consult,
unless it is military or diplomatic subjects of national security, or of data provided by individuals under secret guarantee.
I ARTICULATE 31. - State Access to archives and registries. All person has the right to know what of her she consists in archives, cards
or any other form of state registries, and the purpose to that is dedicated this information, as well as to correction, rectification and
update. They are prohibited the registries and archives of political connection, except the own ones of the electoral authorities and the
political parties.
I ARTICULATE 32. - Citation Object. The appearance before authority, civil employee or public employee are not obligatory, if in
corresponding citations the object of the diligence does not consist specifically.
I ARTICULATE 33. - Straight of meeting and manifestation. The right of pacific meeting is recognized and without arms.
The rights of meeting and public manifestation cannot be restricted, be diminished or limited; and the law will regulate them with the only
object to guarantee the public order.
The religious manifestations in the outside of the temples are allowed and they are governed by the law.
For the exercise of these rights the previous notification of the organizers will be enough before the competent authority.
I ARTICULATE 34. - Straight of association. The right of free association is recognized.
Nobody is forced to be associated nor to comprise of groups or associations of self-defense or similars. The case of the professional
school registration is excepted.
I ARTICULATE 35. - Freedom of emission of the thought. The emission of the thought by any means of diffusion is free, without
censorship nor previous license. This constitutional right could not be restricted by law or governmental disposition some. Who in use of
this freedom the respect to the private life or the moral will need to, he will be responsible according to the law. Who will be believed
victims have right to the publication of their defenses, explanations and rectifications.
They do not constitute crime or lacks the publications that contain denunciations, critics or imputations against civil employees or
employees public by acts conducted in the exercise of their positions.
The civil employees and employees public will be able to demand that a court of honor, integrated in the form that determines the law,
declares that the publication that affects them bases on inexact facts or that the positions that are done to them are infundados. Failure q
ue vindicates the victim, will have to be published in he himself social mass media where it appeared the imputation.
The activity of social mass media is of public interest and these in no case could be expropiados. By lack or crimes in the emission of the
thought they could not be closed, obstructed, taken part, confiscated or seized, nor interrupted in his operation the companies, the
factories, equipment, machinery and equipment of social mass media.
The access to the sources of intelligence is free and no authority will be able to limit that right.
The authorization, limitation or cancellation of the concessions granted by the State to the people, cannot be used like elements of pressure
or coaction, to limit the exercise of the free emission of the thought.
A jury will privatively know the crimes or lack to that east article talks about.
All the relative one to this constitutional right is regulated in the Constitutional Law of Emission of the Thought.
The proprietors of social mass media, will have to provide socioeconomic cover to their reporters, through the hiring of life insurances.
I ARTICULATE 36. - Freedom of religion. The exercise of all the religions is free. All person has right to practice her religion or belief, as
much in public as in private, by means of education, the cult and the observance, without more lí mites than the public order and the
respect due to the dignity of the hierarchy and to the faithfuls of other creeds.
I ARTICULATE 37. - Legal Personality of the churches. To recognize the legal personality of the Catholic Church. The other churches,
cults, organizations and associations of religious character will obtain the recognition of their legal personality conforms the rules of their
institution and the Government will not be able to deny it if he were not for reasons of public order.
The State will extend to the Catholic Church, without cost some, titles of property of real estate that at the moment and in pacific form it
has for his own aims, whenever they have comprised of the patrimony of the Catholic Church in passes do. The enrolled goods in favor
of third people, nor those could not be affected that the State traditionally has destined to its services.
Real estate of the religious organizations destined to the cult, the education and the social attendance, enjoys exemption of taxes, wills and
contributions.
I ARTICULATE 38. - Possession and carrying of arms. The right of possession of arms of personal use is recognized, not prohibited by
the law, in the room place. There will be obligation no to give them, safe in the cases that outside ordered by the competent judge.
The right of carrying of arms is recognized, regulated by the law.
I ARTICULATE 39. - Private Property. The property deprived like an inherent right to the human person is guaranteed. All person can
freely have her goods in agreement with the law.
The State guarantees the exercise of this right and will have to create the conditions that facilitate to the proprietor the use and enjoys their
goods, so that it is reached the individual progress and the national development in benefit of all Guatemalan you.
I ARTICULATE 40. - Expropriation. In tactical missions, the private property could be expropriated for reasons of collective utility, social
benefit or public interest properly verified. The expropriation will have to subject to the procedures indicates two by the law, and the
affected good will be justipreciará by experts taking as it bases his present value.
The indemnification will have to be previous and in effective currency of legal course, unless with the interested one it is agreed in another
form of compensation.
Only in case military, public calamity or it burdens disturbance of La Paz can take care or take part the property, or be expropiar without
previous indemnification, but this one will have to be made immediately after the emergency has stopped. The law establishes rá the
norms to follow itself with the enemy property.
The mode of payment of the indemnifications by idle earth expropriation will be fixed by the law. In no case the term to make cash this
payment will be able to exceed ten years.
I ARTICULATE 41. - Protection to the property right. Because of activity or political crime the right of property in form cannot be limited
some. One prohibits the confiscation of goods and the imposition of fines confiscatorias. The fines in n ingún case will be able to exceed
the value of the omitted tax.
I ARTICULATE 42. - Straight of author or inventor.One recognizes the right of author and the right of inventor; the holders of such will
enjoy the exclusive property of their work or invention, in accordance with the international law and treaties.
I ARTICULATE 43. - Freedom of industry, commerce and work. The freedom of industry, commerce and work, except for the
limitations is recognized that by social reasons or of national interest impose the laws.
I ARTICULATE 44. - Right inherent to the human person. The rights and guarantees that the Constitution grants do not exclude other
that, although do not appear specifically in her, are inherent to the human person.
The social interest prevails over the particular interest.
They will be null ipso swears the gubernativas laws and dispositions or of any other order that the rights diminish, restrict or distort that
the Constitution guarantees.
I ARTICULATE 45. - Action against violators and legitimacy of resistance. The action to judge the violators of the human rights is public
and can be exerted by means of simple denunciation, without caution nor formality some. Resi is legitimate stencia of the town for the
protection and defense of the rights and guarantees briefed in the Constitution.
I ARTICULATE 46. - Preeminencia of the Right International. The general principle of which in the matter of human rights, the treaties
and conventions accepted and ratified by Guatemala settles down, they have reeminencia on the internal right.
CHAPTER II
SOCIAL RIGHTS
FIRST SECTION
Family
I ARTICULATE 47. - Protection to the family. The State guarantees the social, economic and legal protection of the family. It will
promote his organization on the legal base of the marriage, the equality of rights of the spouses, the paternity responsible and the right for
the people to freely say to the number and espaciamiento of his children.
I ARTICULATE 48. - Union in fact. The State recognizes the union in fact and the law will preceptuará all the relative one to the same
one.
I ARTICULATE 49. - Marriage. The marriage could be authorized by the mayors, councilmen, notaries in exercise and ministers of cult
authorized by the corresponding administrative authority.
I ARTICULATE 50. - Equality of the children. All the children are equal before the law and have such right. All discrimination is punible.
I ARTICULATE 51. - Protection to old minors and. The State will protect the physical, mental and moral health of the minor ones and the
old ones. It will guarantee his right to the feeding, health, education and security and social forecast to them.
I ARTICULATE 52. - Maternity. The maternity has the protection of the State, the one that will guard in special form by the strict
fulfillment of the rights and obligations that of her are derived.
I ARTICULATE 53. - Minusválidos. The State guarantees the protection of minusválidos and the people who suffer from physical
limitations, psychic or sensorial. Its doctor-social attention is declared of national interest, as well as the promotion of políti cas and
services that allow to their rehabilitation and its integral restoration to the society. The law will regulate this matter and will create the
technical organisms and executors that are necessary.
I ARTICULATE 54. - Adoption. The State recognizes and protects the adoption. The adopted one acquires the condition of son of the
adoptante. The protection of the orphaned children and the left children is declared of national interest.
I ARTICULATE 55. - Obligation to provide foods. The refusal to provide foods in the form is punible that the law prescribes.
I ARTICULATE 56. - Actions against causes of familiar disintegration. It is declared of social interest, the actions against the alcoholism,
the drug addiction and other causes of familiar disintegration. The State will have to take the measures from prevention, treats I lie and
rehabilitation adapted to make these actions effective, by the well-being of the individual, the family and the society.
SECOND SECTION
Culture
I ARTICULATE 57. - Right to the culture. All person must right to participate freely in the cultural and artistic life of the community, as
well as to benefit from the scientific and technological progress of the Nation.
I ARTICULATE 58. - Cultural Identity. The right of the people and the communities is recognized its cultural identity according to its
values, their language and its customs.
I ARTICULATE 59. - Protection and investigation of the culture.It is fundamental obligation of the State to protect, to foment and to
disclose the national culture; to emit the laws and dispositions that tend to their enrichment, restoration, preservation and recupe ration; to
promote and to regulate its scientific research, as well as the creation and application of appropriate technology.
I ARTICULATE 60. - Cultural Patrimony. The goods and values form the cultural patrimony of the Nation paleontological, archaeological,
historical and artistic of the country and are under the protection of the State. Its distraction is prohibited, export or to lteración except for
the cases that the law determines.
I ARTICULATE 61. - Protection to the cultural patrimony. The archaeological, joint sites monumental and the Cultural Center of
Guatemala, will receive special attention of the State, in order to preserve their characteristics and to protect their historical value and
cultural goods. The Park Nacional Tikal, the Archaeological Park of Quiriguá and the city of Old Guatemala will be put under special
regime of conservation, for being declared World-wide Patrimony, as well as those that similar n acquires recognition.
I ARTICULATE 62. - Traditional Protection to the art, folklore and crafts. The national artistic expression, the popular art, the folklore
and the native crafts and industries, must be object of special protection of the State, with the purpose of pres to ervar their authenticity.
The State will cause the opening of national and international markets for the free commercialization of the work of the artists and
craftsmen, having promoted its suitable production and to automation.
I ARTICULATE 63. - Right to the creative expression. The State guarantees the free creative expression, supports and stimulates the
scientist, to the intellectual and the national artist, promoting its formation and professional and economic overcoming.
I ARTICULATE 64. - Natural Patrimony. One declares of national interest the conservation, protection and improvement of the natural
patrimony of the Nation. The State will foment the natural creation of national parks, reserves and refuges, which under n inalienable. A
law will guarantee its protection and the one of the fauna and the flora that in them exists.
I ARTICULATE 65. - Preservation and promotion of the culture. The activity of the State as far as the reservation and promotion of the
culture and its manifestations, is in charge of a specific organ with own budget.
THIRD SECTION
Indigenous communities
I ARTICULATE 66. - Protection to ethnic groups. Guatemala is formed by diverse ethnic groups between which they appear the
indigenous groups of Mayan ancestry. The State recognizes, respects and promotes its forms of life, customs, tradition is, forms of
social organization, the use of the indigenous suit in men and women, languages and dialectos.
I ARTICULATE 67. - Protection to the agricultural earth and indigenous cooperatives. The territories of the cooperatives, indigenous
communities or any other forms of communal or collective possession of agrarian property, as well as the famil patrimony to iar and
popular house, will enjoy special protection of the State, credit attendance and of preferential technique, that their possession and
development guarantee, in order to assure to all the inhabitants one better quality life.
The indigenous communities and other that have earth that historically belong to them and that traditionally they have administered in
special form, they will maintain that system.
I ARTICULATE 68. - Earth for indigenous communities. By means of special programs and suitable legislation, the State will provide with
state earth the indigenous communities that need them for their development.
I ARTICULATE 69. - Transfering of workers and its protection. The labor activities that imply transfering of workers outside their
communities, will be object of protection and legislation that assure the suitable conditions of health, segu ridad and social forecast that
prevent the payment of wages nonfit to the law, the disintegration of those communities and in general all discriminatory treatment.
I ARTICULATE 70. - Specific Law. A law will regulate the relative thing to the matters of this section.
FOURTH SECTION
Education
I ARTICULATE 71. - Right to the education. The freedom of education and educational criterion is guaranteed. It is obligation of the
State to provide and to facilitate education to his inhabitants without discrimination some. One declares of public utility and necessity l to
foundation and maintenance of cultural educative centers and museums.
I ARTICULATE 72. - Aims of the education. The education has like fundamental aim the integral development of the human person, the
knowledge of the reality and national and universal culture.
The education, the instruction, social formation and the systematic education of the Constitution of the Republic and the human rights are
declared of national interest.
I ARTICULATE 73. - Freedom of education and state economic attendance. The family is source of the education and the parents must
right to choose the one that is to distribute itself to its smaller children. The State will be able to subsidize to the educative centers pri
gratuitous fords and the law will regulate the relative thing to this matter. The deprived educative centers will work under the inspection of
the State. They are forced to fill, at least, the plans and official programs of study. As culture centers enjoy d and the exemption all class
of taxes and wills.
Religious education is optative in the official establishments and will be able to be distributed within the ordinary schedules, without
discrimination some.
The State will contribute to the support of religious education without discrimination some.
I ARTICULATE 74. - Obligatory Education. The inhabitants have the right and the obligation to receive and basic initial, preprimary,
primary the education, within the age limits that fix the law.
The education distributed by the State is gratuitous.
The State will provide and promote educative scholarships and credits.
The scientific education, technological and the humanistic constitute objectives that the State will have to orient and to extend permanently.
The State will promote the special education, diversified and the scholastic extra.
I ARTICULATE 75. - Alphabetization. The alphabetization is declared of national urgency and is social obligation to contribute her. The
State must organize it and promote it with all the necessary resources.
I ARTICULATE 76. - Educative System and bilingual education. The educative system management will have to be decentralized and
regionalizado.
In the schools established in zones of predominant indigenous population, education will have to be distributed preferredly in bilingual
form.
I ARTICULATE 77. - Obligations of the proprietors of companies. The proprietors of industrial, agricultural, cattle and commercial the
companies are forced to settle down and to maintain, in agreement with the law, schools, day-care centers and centers cultural is for its
workers and scholastic population.
I ARTICULATE 78. - Teaching. The State will promote the social and cultural economic overcoming of the teaching, including the right
to the retirement that makes its effective dignificación possible.
The rights acquired by the national teaching have character of cannot be waived minimums and. The law will regulate these matters.
I ARTICULATE 79. - Farming Education. One declares of national interest the study, learning, operation, commercialization and farming
industrialization. It is created like decentralized, independent organization, with legal personality and own patrimony, the Central National
School of Agriculture; it must organize, direct and develop the farming and forest curricula from the Nation to level of average education;
and it will be governed by his own statutory law, corresponding an allocation to him not nor me of the five percent of the ordinary budget
of the Ministry of Agriculture.
I ARTICULATE 80. - Promotion of science and the technology. The State recognizes and promotes science and the technology as
fundamental bases of the national development. The law will normará the pertinent thing.
I ARTICULATE 81. - Titles and diplomas. The titles and diplomas whose expedition corresponds to the State, have total legal validity.
The rights acquired by the exercise of the professionals credited by these titles, must be respected and dispositions of any class will not
be able to be emitted that limit them or restrict.
FIFTH SECTION
Universities
I ARTICULATE 82. - Autonomy of the University of San Carlos of Guatemala. The University of San Carlos of Guatemala, is an
independent institution with legal personality. In its character of only state university diri corresponds to him with exclusive feature to gir,
to organize and to develop to the superior education of the State and the state university professional education, as well as the diffusion of
the culture in all its manifestations. It will at all costs promote to its reach the investigation in all the spheres of the human knowledge and
will cooperate to the study and solution of the nales problems nacio.
One governs by its Statutory law and the statutes and regulations that it emits, having to be observed in the conformation of the principle,
control elements of representation of its titular university professors, his graduated and their students.
I ARTICULATE 83. - Government of the University of San Carlos of Guatemala. The government of the University of San Carlos of
Guatemala corresponds to the University Superior Council, integrated by the Director, who presides over it; the deans of the faculties; a
representative of the professional school, withdrawn of the University of San Carlos of Guatemala, that corresponds to each faculty; a
titular university professor and a student by each faculty.
I ARTICULATE 84. - Budgetary Allocation for the University of San Carlos of Guatemala. A privative allocation of the five percent of the
General Budget of Ordinary Income of the State corresponds to the University of San Carlos of Guatemala smaller, not being due to try a
suitable budgetary increase to the increase of its student population or to the improvement of the academic level.
I ARTICULATE 85. - Private Universities. To the deprived universities, that are independent institutions, it corresponds to organize and to
develop the private superior education to them of the Nation, with the purpose of contributing to the professional formation, the scientific
research, the diffusion of the culture and the study and solution of the national problems.
Ever since he is authorized the operation of a deprived university, it will have legal personality and freedom to create his faculties and
institutes, to develop his academic and educational activities, as well as for the unfolding of his plans and training programs.
I ARTICULATE 86. - Advice of Superior Private Education. The Council of Superior Private Education will have the functions of
guarding because the academic level in the universities deprived without reduction of its independence stays and of the creation of new
universities authorizes r; Integra by two delegates of the University of San Carlos of Guatemala, two delegates by the private universities
and an elect delegate by the presidents of the professional schools that position does not exert some or in any university.
The presidency will be exerted in rotating form. The law will regulate this matter.
I ARTICULATE 87. - Recognition of degrees, titles, diplomas and incorporations. They will be only recognized in Guatemala, the degrees,
titles and diplomas granted by the universities legally authorized and organized to work in the country, salv or the arranged thing by
international treaties.
The University of San Carlos of Guatemala, is the only one authorized to solve the incorporation of withdrawn professionals of foreign
universities and to fix the requirements previous that to the effect there are to fill, as well as to recognize titles and university diplomas of
character protected by international treaties. The titles granted by Central American universities will have total validity in Guatemala when
being obtained the basic unification of the curricula.
Legal dispositions will not be able to be dictated that grant privileges in damage of those who exert a profession with title or which already
they have been authorized legally to exert it.
I ARTICULATE 88. - Exemptions and deductions of the taxes. The universities are free of the payment of all class of taxes, wills and
contributions, without exception some.
The donations will be deductible of the taxed net rent by the Tax on the Rent that are granted in favor of the universities, cultural or
scientific organizations.
The State will be able to give economic attendance to the deprived universities, for the fulfillment of its own aims.
They could not be object of execution processes nor could be taken part the University of San Carlos of Guatemala and the universities
deprived, except for the case of the private universities when the obligation that is made be worth comes from vile, mercantile or labor
contracts ci.
I ARTICULATE 89. - Granting of degrees, titles and diplomas. Only the universities legally authorized will be able to grant degrees and to
send titles and diplomas of graduation in superior education.
I ARTICULATE 90. - Professional School registration. The school registration of the university professionals is obligatory and will have
by aims moral, scientific, technical and material the overcoming of the university professions and the control of its exercise.
The professional schools, like gremiales associations with legal personality, will work in accordance with the Law of obligatory
Professional School registration and the statutes of each school will independently be approved of the universities of the q ue will be
withdrawn their members.
They will contribute to the fortification of the autonomy of the University of San Carlos of Guatemala and to the aims and objectives of all
the universities of the country.
In all subject that relations with the improvement of cultural the scientific and technical level of the university professions, the universities
of the country will be able to require the participation of the professional schools.
SIXTH SECTION
Sport
I ARTICULATE 91. - Budgetary Allocation for the sport. It is to have of the State the promotion and the promotion of the physical
education and the sport. For that effect, a privative allocation of the three percent of the General Budget of Ordinary Income of the State
will be destined nonsmaller. Of such allocation the fifty percent will be destined to the sector of the sport federated through their
governing organisms, in the form that establishes the law; twenty-five percents to physical education, recreation and deport are students;
and twenty-five pro one hundred to the sport nonfederated.
I ARTICULATE 92. - Autonomy of the sport. One recognizes and it guarantees the autonomy of the sport federated through his
governing organisms, Independent Sport Confederation of Guatemala and Guatemalan Olympic Committee, that have legal personality and
own patrimony, being exonerated of all class of taxes and wills.
SEVENTH SECTION
Health, Security and Social Attendance
I ARTICULATE 93. - Right to the health. The enjoyment of the health is straight fundamental of the human being, without discrimination
some.
I ARTICULATE 94. - Obligation of the State, on health and social attendance. The State will guard by the health and the social attendance
of all the inhabitants. It will develop, through his institutions, actions of prevention, promotion, recovery, rehabilitación, coordination and
complementary the pertinent ones in order to try the most complete physical, mental and social well-being to them.
I ARTICULATE 95. - The health, public good. The health of the inhabitants of the Nation is a public good. All the people and institutions
are forced to guard by their conservation and reestablishment.
I ARTICULATE 96. - Control of quality of products. The State will control the quality of nutritional, pharmaceutical, chemical products
and of all those that can affect the health and well-being of the inhabitants. It will guard by the establishment and programming of the
primary attention of the health, and by the improvement of the conditions of basic environmental cleaning of the communities less
protecting.
I ARTICULATE 97. - Environment and ecological balance. The State, the municipalities and the inhabitants of the national territory are
forced to cause the social, economic and technological development that prevents the contamination with atmosphere and m antenga the
ecological balance. All the norms necessary will be dictated to guarantee that the use and the advantage of the fauna, the flora, the Earth
and of the water, they are made rationally, avoiding its depredation.
I ARTICULATE 98. - Participation of the communities in health programs. The communities have the right and to have to participate
actively in the planning, execution and evaluation of the health programs.
I ARTICULATE 99. - Feeding and nutrition. The State will guard because the feeding and nutrition of the population reunite the minimum
requirements of health. The specialized institutions of the State will have to coordinate their or with organism to each other international
actions dedicated to you to the health, to obtain an nourishing system national cash.
I ARTICULATE 100. - Social Security. The State recognizes and guarantees the right to the social security for benefit of the inhabitants
of the Nation. Its regime is instituted like public function, in national form, unitary and obligatory.
The State, the employers and the workers covered by the regime, with the only exception of the preceptuado thing by article 88 of this
Constitution, have obligation to contribute to finance this regime and right to participate in their direction, trying their progressive
improvement.
The application of the regime of social security corresponds to the Guatemalan Institute of Social Security, that is an independent
organization with legal personality, patrimony and own functions; it enjoys total exoneration of taxes, itrios contributions and arb,
established or to settle down. The Guatemalan Institute of Social Security must participate with the institutions of health in coordinated
form.
The Executive Organism will annually assign in the Budget of Income and Debits of the State, a specific game to cover the quota that
corresponds to the State like so and as employer, which could not be transferred nor be cancelled during the fiscal rcicio axis and will be
fixed in accordance with the actuarial technical studies of the institute.
Against the resolutions that are dictated in this matter, they produce the administrative resources and the one of the
contentious-administrative thing in accordance with the law. When one is benefits that must grant the regime, the courts will know work
and social forecast.
EIGHTH SECTION
Work
I ARTICULATE 101. - Right to the work. The work is a right of the person and a social obligation. The labor regime of the country must
be organized according to principles of social justice.
I ARTICULATE 102. - Right social minimums of the legislation of the work. Social minimums are right that base the legislation of the
work and the activity of the courts and authorities:
a. Right to the free election of work and satisfactory economic conditions that guarantee the worker and to their family a worthy
existence;
b. All work equitably will be remunerated, except for which on the matter it determines the law;
c. Equality of wage for equal work lent in equality of conditions, efficiency and antiquity;
d. Obligation to pay to the worker in currency of legal course. Nevertheless, the worker of the field can receive, to his will, nutritional
products until in a thirty percent of his wage. In this case the employer will provide those products to a nongreater price of its cost;
e. Inembargabilidad of the wage in the cases determined by the law. The personal implementos of work could not be obstructed by any
reason. However, for protection of the family of the worker and by judicial order, part of the wage will be able to be retained and yes to
be given to that corresponds;
f. Periodic Fixation of the minimum wage in accordance with the law;
g. The ordinary day of diurnal effective work cannot exceed eight hours daily of work, nor of forty and four hours to the week,
equivalent to forty and eight hours for the exclusive effects of the payment of the wage. The ordinary day of nocturnal effective work
cannot exceed six hours daily, nor thirty and six to the week. The ordinary day of mixed effective work cannot exceed seven hours daily,
nor forty and two to the week. All work indeed reali zado outside the ordinary days, constitutes extraordinary day and must be
remunerated like so. The law will determine the situations of exception very described in which the dispositions relative to the work days
are not applicable.
Who by disposition of the law by the custom or agreement with the employers toil less than forty and four hours weekly in diurnal day,
thirty and six in nocturnal day, or forty and two in mixed day, will have right to perceive in tegro the weekly wage.
It is understood all along by effective work that the worker remains to the orders or disposition of the employer.
h. Straight of the worker to a day of rest remunerated by every ordinary week of work or every six consecutive days of workings. The
days off recognized by the law also will be remunerated;
i. Straight of the worker to fifteen working days of paid annual vacations after every continuous service year, with the exception of the
workers of farming companies, that they will have right of ten working days. The vacations will have to be effective and the employer
will not be able to compensate this right in different form, except for when already acquired will stop the elación of the work;
j. Obligation of the employer to grant every year a nonsmaller Christmas gift of the one hundred percent of the monthly wage, or the one
that already will be established yes will be greater, to the workers who will have toiled during a year uninterrupted and previous to fech to
of the granting. The law will regulate its mode of payment. To the workers whom they will less have of the service year, such Christmas
gift will be covered to them proportionally to the toiled time;
k. Protection to the woman worker and regulation of the conditions in which it must serve his.
Married and unmarried do not have to settle down differences between in the matter of work. The law will regulate the protection to the
maternity of the woman worker, to whom him is not due to demand no work that requires effort that puts in danger its gravidez. The
mother worker will enjoy an unavoidable rest repaid with cinto percent of her wage, during the thirty days that precede to the childbirth
and the forty and five days following. At the time of the lactancia she will have right to two extraordinary periods of rest, within the day.
The rests pre and post birthday will be extended according to their physical training conditions, by medical prescription;
l. the minors of fourteen years could not be occupied in any job class, except for the exceptions settled down in the law. He is prohibited
to occupy to minors in incompatible works with his physical conditioning or that put in danger their moral formation.
The greater workers of sixty years will be object of treatment adapted to their age;
m. Protection and promotion to the work of the blind, minusválidos and people with physical, psychic or sensorial deficiencies;
n. Preference to the Guatemalan workers on the foreigners in equality of conditions and the percentage determined by the law. In parity
of circumstances, no Guatemalan worker will be able to gain minor wage that a foreigner, to be subject to inferior conditions of work,
neither to obtain minors economic advantages or other benefits;
o. Fixation of the norms of obligatory fulfillment for employers and workers in individual and collective contracts of work. Employers
and workers will try the economic development of the company for common benefit;
p. Fixation of the norms of obligatory fulfillment for employers and workers in individual and collective contracts of work. Employers
and workers will try the economic development of the company for common benefit;
q. Obligation of the employer to compensate with a month of wage by every continuous service year when it dismisses
injustificadamente or to indirect form a worker, in as much the law does not establish another system more advisable than it grants better
benefits to him.
For the effects of the calculation of continuous services they will be taken into account the date in which the work relation has begun,
whatever this one is;
*Inciso added by Legislative Agreement Nº 18-93.
r. Is obligation of the employer to grant to the spouse or conviviente, smaller or incapacitated children of a worker who passes away
being to his service, a benefit equivalent to a month of wage by every toiled year. This benefit will cover by mensu overcome alidades and
its amount will not be smaller of the last wage received by the worker.
If the death happens by cause whose risk is covered totally by the regime of social security, this obligation of the employer stops. In case
that this regime does not cover the benefit completely, the employer will have to pay the difference;
s. Straight of free sindicalización of the workers. This right it will be able to exert without discrimination some and being subject to
previous authorization, having solely to fulfill filling the requirements that the law establishes. The workers could not be dismissed to
participate in the formation of a union, having to enjoy this right as of the moment at which they give warning to the General inspectorate
of Work.
Only the Guatemalans by births will be able to take part in the organization, direction and consultant's office of the union organizations.
The cases of governmental technical attendance are excepted and the arranged thing in international treatments or agreements
intersyndical is authorized by the Executive Organism;
t. the establishment of economic institutions and social forecast that, in benefit of the workers, grant benefits of all special order by
disability, retirement and sobreexperience;
u. If the employer will not prove the right cause of the dismissal, must for a reason or purpose pay to the worker of damages and
damages a month of wage if the judgment is ventilated in an instance, two months of wage in case of appeal of the sentence, and if the
process to last and in its proceeding more than two months, will have to pay the fifty percent of the wage of the worker, for every month
that will exceed the proceeding that term, until a maximum, in this case, of six months; and
v. the State will participate in agreements and international or regional treaties that talk about work subjects and which they grant to the
workers best protections or conditions.
In such cases, established in these agreements and treaties it will be considered like part of the minimum rights which the workers of the
Republic of Guatemala enjoy.
I ARTICULATE 103. - Tutelaridad of the work laws. The laws that regulate the relations between employers and the work are
conciliatorias, tutelary for the workers and will take care of all pertinent the economic and social factors. For the agricultural work the
law will specially take into account its necessities and the zones in that it is executed.
All the conflicts relative to the work are put under privative jurisdiction. The law will establish the norms corresponding to that jurisdiction
and the organs in charge to put them in practice.
I ARTICULATE 104. - Straight of strike and unemployment. The exerted right of strike is recognized and for in accordance with the law,
after exhausted all the procedures of conciliation. These rights will be able to be exerted solely for reasons of social economic order. The
laws will establish the cases and situations in that to strike and unemployment will not be allowed.
I ARTICULATE 105. - Houses of the workers. The State, through the specific organizations, will support the planning and construction
of habitacionales sets, having established the suitable systems of financing, that allow to take care of the different programs, so that the
workers can choose to suitable houses and that they fill the conditions of salubrity.
The proprietors of the companies are forced to provide their workers, in the cases settled down by the law, houses that fill the previous
requirements.
I ARTICULATE 106. - Irrenunciabilidad of the labor rights. The rights briefed in this section are cannot be waived for the workers,
susceptible to be surpassed through the individual or collective hiring, and in the form that fi ja the law. For this aim the State will foment
and protect the collective negotiation. They will be null ipso swears and they will not force the workers, although they are expressed in a
collective or individual contract of work, in an agreement or another document, the stipulations that imply resignation, diminution
distortion or limitation of the rights recognized in favor of the workers in the Constitution, the law, international treaties ratified by
Guatemala, in the regulations or others I gave sposiciones relative to the work.
In case of doubt on the interpretation or it reaches of the legal, prescribed dispositions or contractual in labor matter, they will be
interpreted in the most favorable sense for the workers.
NINTH SECTION
Workers of the State
I ARTICULATE 107. - Workers of the State. The workers of the State are to the service of the public administration and never of
political party, group, organization or person some.
I ARTICULATE 108. - Regime of the workers of the State. The relations of the State and their organizations decentralized or independent
with their workers are governed by the Civil Law on watch, with exception of whom they are governed by laws or disposic own ions of
these organizations.
The workers of the State or its decentralized organizations independent that by law or by custom receive benefits which they surpass to
the established ones in the Civil Law on watch, will conserve that treatment.
I ARTICULATE 109. - Workers by list. The workers of the State and their decentralized or independent organizations that toil by list, will
be compared in wages, benefits and rights to the other workers of the State.
I ARTICULATE 110. - Indemnification. The workers of the State, to the being dismissed without justified cause, will even receive their
equivalent indemnification month of wage by every lent continuous service year. This right in no case will exceed ten months of wage.
I ARTICULATE 111. - Regime of decentralized organizations. The decentralized organizations of the State, that make economic functions
similar to the companies of deprived character, will govern in their relations of work with the personnel to his servici or by the common
labor laws, whenever they reduce other acquired rights to us.
I ARTICULATE 112. - Prohibition to carry out more of a public position. No person can carry out more of a use or remunerated public
position, with exception of those who they serve welfare in teaching institutions or institutions and siempr and that compatibility in the
schedules is.
I ARTICULATE 113. - Right to choose to uses or positions public. The Guatemalans must right to choose to uses or positions public and
for their granting will not be taken care of more than reasons founded on merits of capacity, suitability and honesty.
I ARTICULATE 114. - Revision to the retirement. When a worker of the State that we enjoyed the benefit of the retirement, returns to a
public position, this retirement stops immediately, but when finishing the new labor relation, must right to decide on the revision of the
respective file and to that the benefit derived from the served time and the last devengado wage is granted to him, during the new position.
In agreement the possibilities of the State, will be come periodically to review the assigned quantities to retirements, pensions and
montepíos.
I ARTICULATE 115. - Gratuitous Cover of the Guatemalan Institute of Social Security to pensioners. The people who enjoy retirement,
pension or montepío of the State and independent and decentralized institutions, must right gratuitously to receive the total cover of the
medical services of the Guatemalan Institute of Social Security.
I ARTICULATE 116. - Regulation of strike for workers of the State. The associations, groupings and the unions formed by workers of
the state and their decentralized and independent organizations, cannot participate in political activities partisan.
One recognizes the right of strike of the workers of the State and its decentralized and independent organizations. This right will be able
solely to be exercised in the form that preceptúe the law of the matter and in no case will have to affect the tension of the being vices
essential public.
I ARTICULATE 117. - Option to the regime of service members who are either in the reserves or are ret. The workers of the
decentralized or independent organizations that are not affection to discounts for the bottom of service members who are either in the
reserves or are ret, nor enjoy the corresponding benefits, will be able to take refuge in this regime and, the respective dependency, in this
case, will have to accept the request of the interested one and to order to that corresponds that the corresponding discounts become.
I TITLE II
HUMAN RIGHTS
CHAPTER I
INDIVIDUAL RIGHTS
I ARTICULATE 3. - Right to the life. The state guarantees and protects the human life from its conception, as well as the integrity and
the security of the person.
I ARTICULATE 4. - Freedom and equality. In Guatemala all the human beings are free and equal in dignity and rights. The man and the
woman, whatever it is his civil state, have equal opportunities and responsibilities. No person pued and to be put under servitude nor
another condition that its dignity reduces. The human beings must keep brotherly conduct to each other.
I ARTICULATE 5. - Freedom of action. All person must right to do what the law does not prohibit; she is not forced to accept orders
that are not based on law and emitted according to her. She could not either be persecuted nor be bothered by his opinions or acts that do
not imply infraction to the same one.
I ARTICULATE 6. - Legal Halting. No person can be stopped or imprisoned, but because of crime or lack and by virtue of order freed
with attachment to the law by competent judicial authority. The cases of flagrant crime or lack are excepted. The s lengthy no other
authority will have to be made available of the competent judicial authority in a term that does not exceed six hours, and will not be able to
have left subjects.
The civil employee, or agent of the authority that infringes the arranged thing in this article will be sanctioned according to the law, and
the courts, of office, will initiate the corresponding process.
I ARTICULATE 7. - Notification of the halting cause. All lengthy person will have to be notified immediately, in verbal form and in
writing, of the cause that its halting motivated, authority that ordered it and place in which she will remain. The same notification will have
to become by average the more express to the person who the prisoner designates and the authority will be responsible for the
effectiveness of the notification.
I ARTICULATE 8. - Right of the prisoner. All prisoner will have to be informed immediately into his rights in form that are to him
comprehensible, specially that can be provided with a defender, which could be present in all the police and judicial diligences. The
prisoner could not be forced to declare but before competent judicial authority.
I ARTICULATE 9. - Lengthy Interrogation to or imprisoned. The judicial authorities are only the competent ones to interrogate to the
prisoners or prisoners. This diligence will have to practice within a term that does not exceed twenty-four hours.
The extrajudicial interrogation lacks probatory value.
I ARTICULATE 10. - Center of legal halting. The people apprehended by the authority could not be lead to places of halting, arrest or
prison different from which is legal and publicly destined to the effect. The centers of halting, arrest or provisional prison, will be
different from those in that are to be fulfilled the sentences.
The authority and its agents, who violate the arranged thing in the present article, will be personally responsible.
I ARTICULATE 11. - Halting by lack or infractions. By lack or infractions to the regulations the people do not have to remain lengthy
whose identity can settle down by means of documentation, by the testimony of person of root, or po r the own authority.
In these cases, under penalty of the corresponding sanction, the authority will limit its assignment to report of the fact to competent judge
and to prevent the violator, so that it appears every day before he himself within the forty and eight hours capable of the year, and the
hours between the eight and eighteen hours.
Who disobey the location will be sanctioned according to the law. The person who cannot identify itself according to the arranged thing in
this article, will be made available of the nearer judicial authority, within the first hour siguien you to her halting.
I ARTICULATE 12. - Straight of defense. The defense of the person and its rights are inviolable. Nobody could be condemned, nor
private of its rights, without to be mentioned, to be heard and to be overcome in legal process before judge or cido competent and
prestable court.
No person can be judged by Special or secret Courts, nor by procedures that are not pre-established legally.
I ARTICULATE 13. - Reasons for arrest warrant. Arrest warrant will not be able to be dictated, without it precedes information of to
have committed a crime and without rational reasons concur sufficient to think that the lengthy person has committed it or parti cipado in
him.
The police authorities will not be able to present/display of office, before social mass media, to no person who has previously not been
investigated by competent court.
I ARTICULATE 14. - Presumption of innocence and publicity of the process. All person is innocent, while she has not declared herself to
him responsible judicially, in sentence properly ejecutoriada.
The prisoner, the victim, the Public Ministry and the lawyers who have been designated by the interested ones, in verbal or written form,
must right to know personally, all the penal performances, documents and diligences, without reserve some to and in immediate form.
I ARTICULATE 15. - Nonretroactive character of the law. The law does not have retroactive, safe effect in penal matter when it favors
the criminal.
I ARTICULATE 16. - Declaration against himself and relatives. In penal process, no person can be forced to declare against itself, against
her spouse or united person in fact legally, nor against his relatives within the law degrees.
I ARTICULATE 17. - There is crime nor no pain without previous law. The actions or omissions are not punibles that are not described
like crime or lack and punished by law previous to their perpetration.
There is no prison by debt.
I ARTICULATE 18. - Capital punishment. The capital punishment will not be able to prevail in the following cases:
1. With it bases on presumptions;
2. To the women;
3. To the greater ones of sixty years;
4. To the criminals of connected political and common crimes with the politicians; and
5. To criminals whose extradition has been granted under that condition.
Against the sentence that imposes the capital punishment, they will be permissible all pertinent the legal resources, including the one of
abrogation; this one always will be admitted for its proceeding. The pain will be executed after exhausting all the resources.
The Congress of the Republic will be able to abolish the capital punishment.
I ARTICULATE 19. - Penitentiary System. The penitentiary system must tend to the social readjustment and the reeducation of the
inmates and fulfill in the treatment of such, with the following minimum norms:
1. They must be treated like human beings; they must be discriminated by reason some, neither could inflict to it them cruel treatments,
physical, moral, psychic tortures, you compel or incompatible annoyances, works with its physical state, actions degrading s to its
dignity, or do victims to them of exacciones, nor be put under scientific experiments;
2. They must fulfill the pains in the places destined for the effect. The penal centers are of civil character and with specialized personnel;
and
3. They must right to communicate, when they ask for it, with his relatives, defense counsel, attending monk or doctor, and in his case,
with the diplomatic or consular representative of his nationality.
The infraction of anyone of the norms established in this article, gives right the prisoner to demand of the State the indemnification by the
caused damages and the Supreme Court of Justice it will order his close-in protection.
The State will have to create and to foment the conditions for the exact fulfillment of the preceptuado thing in this article.
I ARTICULATE 20. - Minor. Minor that transgresses the law is inimputables. Its treatment must be oriented towards an own integral
education for the childhood and youth.
The minors, whose conduct breaks the penal law, will be taken care of by institutions and personal specialized. By no reason they can be
shut in penal centers or of halting destined for adults. A specific law will regulate this matter.
I ARTICULATE 21. - Sanctions to civil employees or employees public. The civil employees, employees public and other people who
both issue or execute orders against the previous article arranged thing, in addition to the sanctions that imposes the law to them, rán
dismissed immediately of its position, in its case, and disqualified for the performance of any position or public use.
The guard who will make illegal use of means or arms against a prisoner or prisoner, will be responsible according to the Penal Law. The
crime committed in those circumstances is imprescriptible.
I ARTICULATE 22. - Criminal records and police. The criminal records and police are not cause so that to the people it is restricted to
them in the exercise of his rights that this Constitution and the laws of the Republic guarantees to them, except for c uando are limited by
law, or in firm sentence, and by the term fixed to the same one.
I ARTICULATE 23. - Inviolabilidad of the house. The house is inviolable. Nobody will be able to penetrate in other people's dwelling
without permission of that inhabits it, safe by written order of competent judge in which never specifies the reason for the diligence and
before the six nor after the eighteen hours, Such diligence will be always made in the presence of the interested one, or of its agent chief
executive.
I ARTICULATE 24. - Inviolabilidad of correspondence, documents and books. The correspondence of all person, their documents and
books are inviolable. They will only be able to be reviewed or to seize itself, by virtue of resolution signs dictated by competent judge and
with the legal formalities. It is guaranteed the secret of the correspondence and the telephone, wireless, cablegráficas communications and
other products of the modern technology.
The books, documents and archives that are related to the payment of taxes, appraise, wills and contributions, could be reviewed by the
competent authority in accordance with the law. He is punible to reveal the amount of the paid taxes, utilities, losses, costs and any other
data referring to audited to individual or legal people, with exception of the general balance sheets, whose publication orders the law.
The documents or data obtained with violation of this article do not produce faith nor test in judgment.
I ARTICULATE 25. - Registry of people and vehicles. The registry of the people and the vehicles, will only be able to take place by
elements of the security forces when cause justified for it settles down. For that effect, the elements of l ace security forces will have to
appear properly uniformed and to belong to he himself sex of the confiscated ones, having to keep the respect to the dignity, privacy and
honor of the people.
I ARTICULATE 26. - Freedom of locomotion. All person has freedom to enter, to remain, to journey and to leave the national territory
and to change of address or calls to account, without more limitations than the settled down ones by law.
She will be able to expatriar itself to no Guatemalan, neither to prohibit it him the entrance to the national territory or to deny to it him
passport or other documents of identification.
The Guatemalans can enter and leave the country without filling the visa requirement.
The law will determine the responsibilities that they incur that infringe this disposition.
I ARTICULATE 27. - Right of asylum. Guatemala recognizes the right of asylum and it grants it in agreement with the international
practices.
The extradition is governed by the international treaty arranged thing.
By political crimes the extradition of Guatemalans will not be tried, who in no case will be given to foreign government, except for
arranged in treaties and the conventions with respect to the crimes of lesa humanity or against the international right.
The expulsion will not remember the national territory of a political refugee, to the country that persecutes it.
I ARTICULATE 28. - Right of petition. The inhabitants of the Republic of Guatemala must right to direct collectively, individual or,
requests to the authority, the one that is forced to transact them and will have to solve them according to the law.
In administrative matter the term to solve requests and to notify the resolutions will not be able to exceed thirty days.
In fiscal matter, to oppose administrative resolutions in the files that originate in repairs or adjustments by any tribute, the previous
payment of the tax or guarantee will not be demanded to the contributor some.
I ARTICULATE 29. - Free access to courts and dependencies of the State. All person has free access to the courts, dependencies and
offices of the State, to exert her actions and to make be worth her rights in accordance with the law.
The foreigners will be able solely to go to the diplomatic channels in case of justice refusal.
He is not described like so, the single fact that the failure is in opposition to their interests and in any case, must have exhausted the legal
resources that establish the Guatemalan laws.
I ARTICULATE 30. - Publicity of the administrative acts. All the acts of the administration are public. The interested ones must right to
obtain, at any time, information, copies, reproductions and certifications that they ask for and exhibi ción of the files that wish to consult,
unless it is military or diplomatic subjects of national security, or of data provided by individuals under secret guarantee.
I ARTICULATE 31. - State Access to archives and registries. All person has the right to know what of her she consists in archives, cards
or any other form of state registries, and the purpose to that is dedicated this information, as well as to correction, rectification and
update. They are prohibited the registries and archives of political connection, except the own ones of the electoral authorities and the
political parties.
I ARTICULATE 32. - Citation Object. The appearance before authority, civil employee or public employee are not obligatory, if in
corresponding citations the object of the diligence does not consist specifically.
I ARTICULATE 33. - Straight of meeting and manifestation. The right of pacific meeting is recognized and without arms.
The rights of meeting and public manifestation cannot be restricted, be diminished or limited; and the law will regulate them with the only
object to guarantee the public order.
The religious manifestations in the outside of the temples are allowed and they are governed by the law.
For the exercise of these rights the previous notification of the organizers will be enough before the competent authority.
I ARTICULATE 34. - Straight of association. The right of free association is recognized.
Nobody is forced to be associated nor to comprise of groups or associations of self-defense or similars. The case of the professional
school registration is excepted.
I ARTICULATE 35. - Freedom of emission of the thought. The emission of the thought by any means of diffusion is free, without
censorship nor previous license. This constitutional right could not be restricted by law or governmental disposition some. Who in use of
this freedom the respect to the private life or the moral will need to, he will be responsible according to the law. Who will be believed
victims have right to the publication of their defenses, explanations and rectifications.
They do not constitute crime or lacks the publications that contain denunciations, critics or imputations against civil employees or
employees public by acts conducted in the exercise of their positions.
The civil employees and employees public will be able to demand that a court of honor, integrated in the form that determines the law,
declares that the publication that affects them bases on inexact facts or that the positions that are done to them are infundados. Failure q
ue vindicates the victim, will have to be published in he himself social mass media where it appeared the imputation.
The activity of social mass media is of public interest and these in no case could be expropiados. By lack or crimes in the emission of the
thought they could not be closed, obstructed, taken part, confiscated or seized, nor interrupted in his operation the companies, the
factories, equipment, machinery and equipment of social mass media.
The access to the sources of intelligence is free and no authority will be able to limit that right.
The authorization, limitation or cancellation of the concessions granted by the State to the people, cannot be used like elements of pressure
or coaction, to limit the exercise of the free emission of the thought.
A jury will privatively know the crimes or lack to that east article talks about.
All the relative one to this constitutional right is regulated in the Constitutional Law of Emission of the Thought.
The proprietors of social mass media, will have to provide socioeconomic cover to their reporters, through the hiring of life insurances.
I ARTICULATE 36. - Freedom of religion. The exercise of all the religions is free. All person has right to practice her religion or belief, as
much in public as in private, by means of education, the cult and the observance, without more lí mites than the public order and the
respect due to the dignity of the hierarchy and to the faithfuls of other creeds.
I ARTICULATE 37. - Legal Personality of the churches. To recognize the legal personality of the Catholic Church. The other churches,
cults, organizations and associations of religious character will obtain the recognition of their legal personality conforms the rules of their
institution and the Government will not be able to deny it if he were not for reasons of public order.
The State will extend to the Catholic Church, without cost some, titles of property of real estate that at the moment and in pacific form it
has for his own aims, whenever they have comprised of the patrimony of the Catholic Church in passes do. The enrolled goods in favor
of third people, nor those could not be affected that the State traditionally has destined to its services.
Real estate of the religious organizations destined to the cult, the education and the social attendance, enjoys exemption of taxes, wills and
contributions.
I ARTICULATE 38. - Possession and carrying of arms. The right of possession of arms of personal use is recognized, not prohibited by
the law, in the room place. There will be obligation no to give them, safe in the cases that outside ordered by the competent judge.
The right of carrying of arms is recognized, regulated by the law.
I ARTICULATE 39. - Private Property. The property deprived like an inherent right to the human person is guaranteed. All person can
freely have her goods in agreement with the law.
The State guarantees the exercise of this right and will have to create the conditions that facilitate to the proprietor the use and enjoys their
goods, so that it is reached the individual progress and the national development in benefit of all Guatemalan you.
I ARTICULATE 40. - Expropriation. In tactical missions, the private property could be expropriated for reasons of collective utility, social
benefit or public interest properly verified. The expropriation will have to subject to the procedures indicates two by the law, and the
affected good will be justipreciará by experts taking as it bases his present value.
The indemnification will have to be previous and in effective currency of legal course, unless with the interested one it is agreed in another
form of compensation.
Only in case military, public calamity or it burdens disturbance of La Paz can take care or take part the property, or be expropiar without
previous indemnification, but this one will have to be made immediately after the emergency has stopped. The law establishes rá the
norms to follow itself with the enemy property.
The mode of payment of the indemnifications by idle earth expropriation will be fixed by the law. In no case the term to make cash this
payment will be able to exceed ten years.
I ARTICULATE 41. - Protection to the property right. Because of activity or political crime the right of property in form cannot be limited
some. One prohibits the confiscation of goods and the imposition of fines confiscatorias. The fines in n ingún case will be able to exceed
the value of the omitted tax.
I ARTICULATE 42. - Straight of author or inventor.One recognizes the right of author and the right of inventor; the holders of such will
enjoy the exclusive property of their work or invention, in accordance with the international law and treaties.
I ARTICULATE 43. - Freedom of industry, commerce and work. The freedom of industry, commerce and work, except for the
limitations is recognized that by social reasons or of national interest impose the laws.
I ARTICULATE 44. - Right inherent to the human person. The rights and guarantees that the Constitution grants do not exclude other
that, although do not appear specifically in her, are inherent to the human person.
The social interest prevails over the particular interest.
They will be null ipso swears the gubernativas laws and dispositions or of any other order that the rights diminish, restrict or distort that
the Constitution guarantees.
I ARTICULATE 45. - Action against violators and legitimacy of resistance. The action to judge the violators of the human rights is public
and can be exerted by means of simple denunciation, without caution nor formality some. Resi is legitimate stencia of the town for the
protection and defense of the rights and guarantees briefed in the Constitution.
I ARTICULATE 46. - Preeminencia of the Right International. The general principle of which in the matter of human rights, the treaties
and conventions accepted and ratified by Guatemala settles down, they have reeminencia on the internal right.
CHAPTER II
SOCIAL RIGHTS
FIRST SECTION
Family
I ARTICULATE 47. - Protection to the family. The State guarantees the social, economic and legal protection of the family. It will
promote his organization on the legal base of the marriage, the equality of rights of the spouses, the paternity responsible and the right for
the people to freely say to the number and espaciamiento of his children.
I ARTICULATE 48. - Union in fact. The State recognizes the union in fact and the law will preceptuará all the relative one to the same
one.
I ARTICULATE 49. - Marriage. The marriage could be authorized by the mayors, councilmen, notaries in exercise and ministers of cult
authorized by the corresponding administrative authority.
I ARTICULATE 50. - Equality of the children. All the children are equal before the law and have such right. All discrimination is punible.
I ARTICULATE 51. - Protection to old minors and. The State will protect the physical, mental and moral health of the minor ones and the
old ones. It will guarantee his right to the feeding, health, education and security and social forecast to them.
I ARTICULATE 52. - Maternity. The maternity has the protection of the State, the one that will guard in special form by the strict
fulfillment of the rights and obligations that of her are derived.
I ARTICULATE 53. - Minusválidos. The State guarantees the protection of minusválidos and the people who suffer from physical
limitations, psychic or sensorial. Its doctor-social attention is declared of national interest, as well as the promotion of políti cas and
services that allow to their rehabilitation and its integral restoration to the society. The law will regulate this matter and will create the
technical organisms and executors that are necessary.
I ARTICULATE 54. - Adoption. The State recognizes and protects the adoption. The adopted one acquires the condition of son of the
adoptante. The protection of the orphaned children and the left children is declared of national interest.
I ARTICULATE 55. - Obligation to provide foods. The refusal to provide foods in the form is punible that the law prescribes.
I ARTICULATE 56. - Actions against causes of familiar disintegration. It is declared of social interest, the actions against the alcoholism,
the drug addiction and other causes of familiar disintegration. The State will have to take the measures from prevention, treats I lie and
rehabilitation adapted to make these actions effective, by the well-being of the individual, the family and the society.
SECOND SECTION
Culture
I ARTICULATE 57. - Right to the culture. All person must right to participate freely in the cultural and artistic life of the community, as
well as to benefit from the scientific and technological progress of the Nation.
I ARTICULATE 58. - Cultural Identity. The right of the people and the communities is recognized its cultural identity according to its
values, their language and its customs.
I ARTICULATE 59. - Protection and investigation of the culture.It is fundamental obligation of the State to protect, to foment and to
disclose the national culture; to emit the laws and dispositions that tend to their enrichment, restoration, preservation and recupe ration; to
promote and to regulate its scientific research, as well as the creation and application of appropriate technology.
I ARTICULATE 60. - Cultural Patrimony. The goods and values form the cultural patrimony of the Nation paleontological, archaeological,
historical and artistic of the country and are under the protection of the State. Its distraction is prohibited, export or to lteración except for
the cases that the law determines.
I ARTICULATE 61. - Protection to the cultural patrimony. The archaeological, joint sites monumental and the Cultural Center of
Guatemala, will receive special attention of the State, in order to preserve their characteristics and to protect their historical value and
cultural goods. The Park Nacional Tikal, the Archaeological Park of Quiriguá and the city of Old Guatemala will be put under special
regime of conservation, for being declared World-wide Patrimony, as well as those that similar n acquires recognition.
I ARTICULATE 62. - Traditional Protection to the art, folklore and crafts. The national artistic expression, the popular art, the folklore
and the native crafts and industries, must be object of special protection of the State, with the purpose of pres to ervar their authenticity.
The State will cause the opening of national and international markets for the free commercialization of the work of the artists and
craftsmen, having promoted its suitable production and to automation.
I ARTICULATE 63. - Right to the creative expression. The State guarantees the free creative expression, supports and stimulates the
scientist, to the intellectual and the national artist, promoting its formation and professional and economic overcoming.
I ARTICULATE 64. - Natural Patrimony. One declares of national interest the conservation, protection and improvement of the natural
patrimony of the Nation. The State will foment the natural creation of national parks, reserves and refuges, which under n inalienable. A
law will guarantee its protection and the one of the fauna and the flora that in them exists.
I ARTICULATE 65. - Preservation and promotion of the culture. The activity of the State as far as the reservation and promotion of the
culture and its manifestations, is in charge of a specific organ with own budget.
THIRD SECTION
Indigenous communities
I ARTICULATE 66. - Protection to ethnic groups. Guatemala is formed by diverse ethnic groups between which they appear the
indigenous groups of Mayan ancestry. The State recognizes, respects and promotes its forms of life, customs, tradition is, forms of
social organization, the use of the indigenous suit in men and women, languages and dialectos.
I ARTICULATE 67. - Protection to the agricultural earth and indigenous cooperatives. The territories of the cooperatives, indigenous
communities or any other forms of communal or collective possession of agrarian property, as well as the famil patrimony to iar and
popular house, will enjoy special protection of the State, credit attendance and of preferential technique, that their possession and
development guarantee, in order to assure to all the inhabitants one better quality life.
The indigenous communities and other that have earth that historically belong to them and that traditionally they have administered in
special form, they will maintain that system.
I ARTICULATE 68. - Earth for indigenous communities. By means of special programs and suitable legislation, the State will provide with
state earth the indigenous communities that need them for their development.
I ARTICULATE 69. - Transfering of workers and its protection. The labor activities that imply transfering of workers outside their
communities, will be object of protection and legislation that assure the suitable conditions of health, segu ridad and social forecast that
prevent the payment of wages nonfit to the law, the disintegration of those communities and in general all discriminatory treatment.
I ARTICULATE 70. - Specific Law. A law will regulate the relative thing to the matters of this section.
FOURTH SECTION
Education
I ARTICULATE 71. - Right to the education. The freedom of education and educational criterion is guaranteed. It is obligation of the
State to provide and to facilitate education to his inhabitants without discrimination some. One declares of public utility and necessity l to
foundation and maintenance of cultural educative centers and museums.
I ARTICULATE 72. - Aims of the education. The education has like fundamental aim the integral development of the human person, the
knowledge of the reality and national and universal culture.
The education, the instruction, social formation and the systematic education of the Constitution of the Republic and the human rights are
declared of national interest.
I ARTICULATE 73. - Freedom of education and state economic attendance. The family is source of the education and the parents must
right to choose the one that is to distribute itself to its smaller children. The State will be able to subsidize to the educative centers pri
gratuitous fords and the law will regulate the relative thing to this matter. The deprived educative centers will work under the inspection of
the State. They are forced to fill, at least, the plans and official programs of study. As culture centers enjoy d and the exemption all class
of taxes and wills.
Religious education is optative in the official establishments and will be able to be distributed within the ordinary schedules, without
discrimination some.
The State will contribute to the support of religious education without discrimination some.
I ARTICULATE 74. - Obligatory Education. The inhabitants have the right and the obligation to receive and basic initial, preprimary,
primary the education, within the age limits that fix the law.
The education distributed by the State is gratuitous.
The State will provide and promote educative scholarships and credits.
The scientific education, technological and the humanistic constitute objectives that the State will have to orient and to extend permanently.
The State will promote the special education, diversified and the scholastic extra.
I ARTICULATE 75. - Alphabetization. The alphabetization is declared of national urgency and is social obligation to contribute her. The
State must organize it and promote it with all the necessary resources.
I ARTICULATE 76. - Educative System and bilingual education. The educative system management will have to be decentralized and
regionalizado.
In the schools established in zones of predominant indigenous population, education will have to be distributed preferredly in bilingual
form.
I ARTICULATE 77. - Obligations of the proprietors of companies. The proprietors of industrial, agricultural, cattle and commercial the
companies are forced to settle down and to maintain, in agreement with the law, schools, day-care centers and centers cultural is for its
workers and scholastic population.
I ARTICULATE 78. - Teaching. The State will promote the social and cultural economic overcoming of the teaching, including the right
to the retirement that makes its effective dignificación possible.
The rights acquired by the national teaching have character of cannot be waived minimums and. The law will regulate these matters.
I ARTICULATE 79. - Farming Education. One declares of national interest the study, learning, operation, commercialization and farming
industrialization. It is created like decentralized, independent organization, with legal personality and own patrimony, the Central National
School of Agriculture; it must organize, direct and develop the farming and forest curricula from the Nation to level of average education;
and it will be governed by his own statutory law, corresponding an allocation to him not nor me of the five percent of the ordinary budget
of the Ministry of Agriculture.
I ARTICULATE 80. - Promotion of science and the technology. The State recognizes and promotes science and the technology as
fundamental bases of the national development. The law will normará the pertinent thing.
I ARTICULATE 81. - Titles and diplomas. The titles and diplomas whose expedition corresponds to the State, have total legal validity.
The rights acquired by the exercise of the professionals credited by these titles, must be respected and dispositions of any class will not
be able to be emitted that limit them or restrict.
FIFTH SECTION
Universities
I ARTICULATE 82. - Autonomy of the University of San Carlos of Guatemala. The University of San Carlos of Guatemala, is an
independent institution with legal personality. In its character of only state university diri corresponds to him with exclusive feature to gir,
to organize and to develop to the superior education of the State and the state university professional education, as well as the diffusion of
the culture in all its manifestations. It will at all costs promote to its reach the investigation in all the spheres of the human knowledge and
will cooperate to the study and solution of the nales problems nacio.
One governs by its Statutory law and the statutes and regulations that it emits, having to be observed in the conformation of the principle,
control elements of representation of its titular university professors, his graduated and their students.
I ARTICULATE 83. - Government of the University of San Carlos of Guatemala. The government of the University of San Carlos of
Guatemala corresponds to the University Superior Council, integrated by the Director, who presides over it; the deans of the faculties; a
representative of the professional school, withdrawn of the University of San Carlos of Guatemala, that corresponds to each faculty; a
titular university professor and a student by each faculty.
I ARTICULATE 84. - Budgetary Allocation for the University of San Carlos of Guatemala. A privative allocation of the five percent of the
General Budget of Ordinary Income of the State corresponds to the University of San Carlos of Guatemala smaller, not being due to try a
suitable budgetary increase to the increase of its student population or to the improvement of the academic level.
I ARTICULATE 85. - Private Universities. To the deprived universities, that are independent institutions, it corresponds to organize and to
develop the private superior education to them of the Nation, with the purpose of contributing to the professional formation, the scientific
research, the diffusion of the culture and the study and solution of the national problems.
Ever since he is authorized the operation of a deprived university, it will have legal personality and freedom to create his faculties and
institutes, to develop his academic and educational activities, as well as for the unfolding of his plans and training programs.
I ARTICULATE 86. - Advice of Superior Private Education. The Council of Superior Private Education will have the functions of
guarding because the academic level in the universities deprived without reduction of its independence stays and of the creation of new
universities authorizes r; Integra by two delegates of the University of San Carlos of Guatemala, two delegates by the private universities
and an elect delegate by the presidents of the professional schools that position does not exert some or in any university.
The presidency will be exerted in rotating form. The law will regulate this matter.
I ARTICULATE 87. - Recognition of degrees, titles, diplomas and incorporations. They will be only recognized in Guatemala, the degrees,
titles and diplomas granted by the universities legally authorized and organized to work in the country, salv or the arranged thing by
international treaties.
The University of San Carlos of Guatemala, is the only one authorized to solve the incorporation of withdrawn professionals of foreign
universities and to fix the requirements previous that to the effect there are to fill, as well as to recognize titles and university diplomas of
character protected by international treaties. The titles granted by Central American universities will have total validity in Guatemala when
being obtained the basic unification of the curricula.
Legal dispositions will not be able to be dictated that grant privileges in damage of those who exert a profession with title or which already
they have been authorized legally to exert it.
I ARTICULATE 88. - Exemptions and deductions of the taxes. The universities are free of the payment of all class of taxes, wills and
contributions, without exception some.
The donations will be deductible of the taxed net rent by the Tax on the Rent that are granted in favor of the universities, cultural or
scientific organizations.
The State will be able to give economic attendance to the deprived universities, for the fulfillment of its own aims.
They could not be object of execution processes nor could be taken part the University of San Carlos of Guatemala and the universities
deprived, except for the case of the private universities when the obligation that is made be worth comes from vile, mercantile or labor
contracts ci.
I ARTICULATE 89. - Granting of degrees, titles and diplomas. Only the universities legally authorized will be able to grant degrees and to
send titles and diplomas of graduation in superior education.
I ARTICULATE 90. - Professional School registration. The school registration of the university professionals is obligatory and will have
by aims moral, scientific, technical and material the overcoming of the university professions and the control of its exercise.
The professional schools, like gremiales associations with legal personality, will work in accordance with the Law of obligatory
Professional School registration and the statutes of each school will independently be approved of the universities of the q ue will be
withdrawn their members.
They will contribute to the fortification of the autonomy of the University of San Carlos of Guatemala and to the aims and objectives of all
the universities of the country.
In all subject that relations with the improvement of cultural the scientific and technical level of the university professions, the universities
of the country will be able to require the participation of the professional schools.
SIXTH SECTION
Sport
I ARTICULATE 91. - Budgetary Allocation for the sport. It is to have of the State the promotion and the promotion of the physical
education and the sport. For that effect, a privative allocation of the three percent of the General Budget of Ordinary Income of the State
will be destined nonsmaller. Of such allocation the fifty percent will be destined to the sector of the sport federated through their
governing organisms, in the form that establishes the law; twenty-five percents to physical education, recreation and deport are students;
and twenty-five pro one hundred to the sport nonfederated.
I ARTICULATE 92. - Autonomy of the sport. One recognizes and it guarantees the autonomy of the sport federated through his
governing organisms, Independent Sport Confederation of Guatemala and Guatemalan Olympic Committee, that have legal personality and
own patrimony, being exonerated of all class of taxes and wills.
SEVENTH SECTION
Health, Security and Social Attendance
I ARTICULATE 93. - Right to the health. The enjoyment of the health is straight fundamental of the human being, without discrimination
some.
I ARTICULATE 94. - Obligation of the State, on health and social attendance. The State will guard by the health and the social attendance
of all the inhabitants. It will develop, through his institutions, actions of prevention, promotion, recovery, rehabilitación, coordination and
complementary the pertinent ones in order to try the most complete physical, mental and social well-being to them.
I ARTICULATE 95. - The health, public good. The health of the inhabitants of the Nation is a public good. All the people and institutions
are forced to guard by their conservation and reestablishment.
I ARTICULATE 96. - Control of quality of products. The State will control the quality of nutritional, pharmaceutical, chemical products
and of all those that can affect the health and well-being of the inhabitants. It will guard by the establishment and programming of the
primary attention of the health, and by the improvement of the conditions of basic environmental cleaning of the communities less
protecting.
I ARTICULATE 97. - Environment and ecological balance. The State, the municipalities and the inhabitants of the national territory are
forced to cause the social, economic and technological development that prevents the contamination with atmosphere and m antenga the
ecological balance. All the norms necessary will be dictated to guarantee that the use and the advantage of the fauna, the flora, the Earth
and of the water, they are made rationally, avoiding its depredation.
I ARTICULATE 98. - Participation of the communities in health programs. The communities have the right and to have to participate
actively in the planning, execution and evaluation of the health programs.
I ARTICULATE 99. - Feeding and nutrition. The State will guard because the feeding and nutrition of the population reunite the minimum
requirements of health. The specialized institutions of the State will have to coordinate their or with organism to each other international
actions dedicated to you to the health, to obtain an nourishing system national cash.
I ARTICULATE 100. - Social Security. The State recognizes and guarantees the right to the social security for benefit of the inhabitants
of the Nation. Its regime is instituted like public function, in national form, unitary and obligatory.
The State, the employers and the workers covered by the regime, with the only exception of the preceptuado thing by article 88 of this
Constitution, have obligation to contribute to finance this regime and right to participate in their direction, trying their progressive
improvement.
The application of the regime of social security corresponds to the Guatemalan Institute of Social Security, that is an independent
organization with legal personality, patrimony and own functions; it enjoys total exoneration of taxes, itrios contributions and arb,
established or to settle down. The Guatemalan Institute of Social Security must participate with the institutions of health in coordinated
form.
The Executive Organism will annually assign in the Budget of Income and Debits of the State, a specific game to cover the quota that
corresponds to the State like so and as employer, which could not be transferred nor be cancelled during the fiscal rcicio axis and will be
fixed in accordance with the actuarial technical studies of the institute.
Against the resolutions that are dictated in this matter, they produce the administrative resources and the one of the
contentious-administrative thing in accordance with the law. When one is benefits that must grant the regime, the courts will know work
and social forecast.
EIGHTH SECTION
Work
I ARTICULATE 101. - Right to the work. The work is a right of the person and a social obligation. The labor regime of the country must
be organized according to principles of social justice.
I ARTICULATE 102. - Right social minimums of the legislation of the work. Social minimums are right that base the legislation of the
work and the activity of the courts and authorities:
a. Right to the free election of work and satisfactory economic conditions that guarantee the worker and to their family a worthy
existence;
b. All work equitably will be remunerated, except for which on the matter it determines the law;
c. Equality of wage for equal work lent in equality of conditions, efficiency and antiquity;
d. Obligation to pay to the worker in currency of legal course. Nevertheless, the worker of the field can receive, to his will, nutritional
products until in a thirty percent of his wage. In this case the employer will provide those products to a nongreater price of its cost;
e. Inembargabilidad of the wage in the cases determined by the law. The personal implementos of work could not be obstructed by any
reason. However, for protection of the family of the worker and by judicial order, part of the wage will be able to be retained and yes to
be given to that corresponds;
f. Periodic Fixation of the minimum wage in accordance with the law;
g. The ordinary day of diurnal effective work cannot exceed eight hours daily of work, nor of forty and four hours to the week,
equivalent to forty and eight hours for the exclusive effects of the payment of the wage. The ordinary day of nocturnal effective work
cannot exceed six hours daily, nor thirty and six to the week. The ordinary day of mixed effective work cannot exceed seven hours daily,
nor forty and two to the week. All work indeed reali zado outside the ordinary days, constitutes extraordinary day and must be
remunerated like so. The law will determine the situations of exception very described in which the dispositions relative to the work days
are not applicable.
Who by disposition of the law by the custom or agreement with the employers toil less than forty and four hours weekly in diurnal day,
thirty and six in nocturnal day, or forty and two in mixed day, will have right to perceive in tegro the weekly wage.
It is understood all along by effective work that the worker remains to the orders or disposition of the employer.
h. Straight of the worker to a day of rest remunerated by every ordinary week of work or every six consecutive days of workings. The
days off recognized by the law also will be remunerated;
i. Straight of the worker to fifteen working days of paid annual vacations after every continuous service year, with the exception of the
workers of farming companies, that they will have right of ten working days. The vacations will have to be effective and the employer
will not be able to compensate this right in different form, except for when already acquired will stop the elación of the work;
j. Obligation of the employer to grant every year a nonsmaller Christmas gift of the one hundred percent of the monthly wage, or the one
that already will be established yes will be greater, to the workers who will have toiled during a year uninterrupted and previous to fech to
of the granting. The law will regulate its mode of payment. To the workers whom they will less have of the service year, such Christmas
gift will be covered to them proportionally to the toiled time;
k. Protection to the woman worker and regulation of the conditions in which it must serve his.
Married and unmarried do not have to settle down differences between in the matter of work. The law will regulate the protection to the
maternity of the woman worker, to whom him is not due to demand no work that requires effort that puts in danger its gravidez. The
mother worker will enjoy an unavoidable rest repaid with cinto percent of her wage, during the thirty days that precede to the childbirth
and the forty and five days following. At the time of the lactancia she will have right to two extraordinary periods of rest, within the day.
The rests pre and post birthday will be extended according to their physical training conditions, by medical prescription;
l. the minors of fourteen years could not be occupied in any job class, except for the exceptions settled down in the law. He is prohibited
to occupy to minors in incompatible works with his physical conditioning or that put in danger their moral formation.
The greater workers of sixty years will be object of treatment adapted to their age;
m. Protection and promotion to the work of the blind, minusválidos and people with physical, psychic or sensorial deficiencies;
n. Preference to the Guatemalan workers on the foreigners in equality of conditions and the percentage determined by the law. In parity
of circumstances, no Guatemalan worker will be able to gain minor wage that a foreigner, to be subject to inferior conditions of work,
neither to obtain minors economic advantages or other benefits;
o. Fixation of the norms of obligatory fulfillment for employers and workers in individual and collective contracts of work. Employers
and workers will try the economic development of the company for common benefit;
p. Fixation of the norms of obligatory fulfillment for employers and workers in individual and collective contracts of work. Employers
and workers will try the economic development of the company for common benefit;
q. Obligation of the employer to compensate with a month of wage by every continuous service year when it dismisses
injustificadamente or to indirect form a worker, in as much the law does not establish another system more advisable than it grants better
benefits to him.
For the effects of the calculation of continuous services they will be taken into account the date in which the work relation has begun,
whatever this one is;
*Inciso added by Legislative Agreement Nº 18-93.
r. Is obligation of the employer to grant to the spouse or conviviente, smaller or incapacitated children of a worker who passes away
being to his service, a benefit equivalent to a month of wage by every toiled year. This benefit will cover by mensu overcome alidades and
its amount will not be smaller of the last wage received by the worker.
If the death happens by cause whose risk is covered totally by the regime of social security, this obligation of the employer stops. In case
that this regime does not cover the benefit completely, the employer will have to pay the difference;
s. Straight of free sindicalización of the workers. This right it will be able to exert without discrimination some and being subject to
previous authorization, having solely to fulfill filling the requirements that the law establishes. The workers could not be dismissed to
participate in the formation of a union, having to enjoy this right as of the moment at which they give warning to the General inspectorate
of Work.
Only the Guatemalans by births will be able to take part in the organization, direction and consultant's office of the union organizations.
The cases of governmental technical attendance are excepted and the arranged thing in international treatments or agreements
intersyndical is authorized by the Executive Organism;
t. the establishment of economic institutions and social forecast that, in benefit of the workers, grant benefits of all special order by
disability, retirement and sobreexperience;
u. If the employer will not prove the right cause of the dismissal, must for a reason or purpose pay to the worker of damages and
damages a month of wage if the judgment is ventilated in an instance, two months of wage in case of appeal of the sentence, and if the
process to last and in its proceeding more than two months, will have to pay the fifty percent of the wage of the worker, for every month
that will exceed the proceeding that term, until a maximum, in this case, of six months; and
v. the State will participate in agreements and international or regional treaties that talk about work subjects and which they grant to the
workers best protections or conditions.
In such cases, established in these agreements and treaties it will be considered like part of the minimum rights which the workers of the
Republic of Guatemala enjoy.
I ARTICULATE 103. - Tutelaridad of the work laws. The laws that regulate the relations between employers and the work are
conciliatorias, tutelary for the workers and will take care of all pertinent the economic and social factors. For the agricultural work the
law will specially take into account its necessities and the zones in that it is executed.
All the conflicts relative to the work are put under privative jurisdiction. The law will establish the norms corresponding to that jurisdiction
and the organs in charge to put them in practice.
I ARTICULATE 104. - Straight of strike and unemployment. The exerted right of strike is recognized and for in accordance with the law,
after exhausted all the procedures of conciliation. These rights will be able to be exerted solely for reasons of social economic order. The
laws will establish the cases and situations in that to strike and unemployment will not be allowed.
I ARTICULATE 105. - Houses of the workers. The State, through the specific organizations, will support the planning and construction
of habitacionales sets, having established the suitable systems of financing, that allow to take care of the different programs, so that the
workers can choose to suitable houses and that they fill the conditions of salubrity.
The proprietors of the companies are forced to provide their workers, in the cases settled down by the law, houses that fill the previous
requirements.
I ARTICULATE 106. - Irrenunciabilidad of the labor rights. The rights briefed in this section are cannot be waived for the workers,
susceptible to be surpassed through the individual or collective hiring, and in the form that fi ja the law. For this aim the State will foment
and protect the collective negotiation. They will be null ipso swears and they will not force the workers, although they are expressed in a
collective or individual contract of work, in an agreement or another document, the stipulations that imply resignation, diminution
distortion or limitation of the rights recognized in favor of the workers in the Constitution, the law, international treaties ratified by
Guatemala, in the regulations or others I gave sposiciones relative to the work.
In case of doubt on the interpretation or it reaches of the legal, prescribed dispositions or contractual in labor matter, they will be
interpreted in the most favorable sense for the workers.
NINTH SECTION
Workers of the State
I ARTICULATE 107. - Workers of the State. The workers of the State are to the service of the public administration and never of
political party, group, organization or person some.
I ARTICULATE 108. - Regime of the workers of the State. The relations of the State and their organizations decentralized or independent
with their workers are governed by the Civil Law on watch, with exception of whom they are governed by laws or disposic own ions of
these organizations.
The workers of the State or its decentralized organizations independent that by law or by custom receive benefits which they surpass to
the established ones in the Civil Law on watch, will conserve that treatment.
I ARTICULATE 109. - Workers by list. The workers of the State and their decentralized or independent organizations that toil by list, will
be compared in wages, benefits and rights to the other workers of the State.
I ARTICULATE 110. - Indemnification. The workers of the State, to the being dismissed without justified cause, will even receive their
equivalent indemnification month of wage by every lent continuous service year. This right in no case will exceed ten months of wage.
I ARTICULATE 111. - Regime of decentralized organizations. The decentralized organizations of the State, that make economic functions
similar to the companies of deprived character, will govern in their relations of work with the personnel to his servici or by the common
labor laws, whenever they reduce other acquired rights to us.
I ARTICULATE 112. - Prohibition to carry out more of a public position. No person can carry out more of a use or remunerated public
position, with exception of those who they serve welfare in teaching institutions or institutions and siempr and that compatibility in the
schedules is.
I ARTICULATE 113. - Right to choose to uses or positions public. The Guatemalans must right to choose to uses or positions public and
for their granting will not be taken care of more than reasons founded on merits of capacity, suitability and honesty.
I ARTICULATE 114. - Revision to the retirement. When a worker of the State that we enjoyed the benefit of the retirement, returns to a
public position, this retirement stops immediately, but when finishing the new labor relation, must right to decide on the revision of the
respective file and to that the benefit derived from the served time and the last devengado wage is granted to him, during the new position.
In agreement the possibilities of the State, will be come periodically to review the assigned quantities to retirements, pensions and
montepíos.
I ARTICULATE 115. - Gratuitous Cover of the Guatemalan Institute of Social Security to pensioners. The people who enjoy retirement,
pension or montepío of the State and independent and decentralized institutions, must right gratuitously to receive the total cover of the
medical services of the Guatemalan Institute of Social Security.
I ARTICULATE 116. - Regulation of strike for workers of the State. The associations, groupings and the unions formed by workers of
the state and their decentralized and independent organizations, cannot participate in political activities partisan.
One recognizes the right of strike of the workers of the State and its decentralized and independent organizations. This right will be able
solely to be exercised in the form that preceptúe the law of the matter and in no case will have to affect the tension of the being vices
essential public.
I ARTICULATE 117. - Option to the regime of service members who are either in the reserves or are ret. The workers of the
decentralized or independent organizations that are not affection to discounts for the bottom of service members who are either in the
reserves or are ret, nor enjoy the corresponding benefits, will be able to take refuge in this regime and, the respective dependency, in this
case, will have to accept the request of the interested one and to order to that corresponds that the corresponding discounts become.
With a history of over 12,000 years, it was relatively isolated from the rest of MesoAmerica
with a Mayan culture that flourished for over 2,000 years until the arrival of the Spanish in
1523. Warfare ensued almost continuously until the collapse Tayasal and Zacpeten
ultimately led to Spanish domination in 1697. Guatemala gained independence from Spain
on 15 September 1821, joining the Mexican Empire until the break-up of the federation and
resulting civil war in 1840. Guatemala attempted to reunite Central America through the
Liberal Revolution in 1871 but failed when General Justo Rufino Barrios took Guatemala to
and died on an el Salvadoran battlefield in 1885. Modernization and influence by U.S. Fruit
Company led to virtual dictatorship from 1901 until 1944. Relative democracy returned until
1960 when a series of coups and civil wars kept Guatemala in a state of chaos until the
promulgation of a new constitution on 30 May 1985. Though there have been failed coup
attempts since, the constitution has endured although it has undergone a number of
revisions. Human rights are enumerated beginning with Title Two (Human Rights) and
conform with the 1948 Universal Declaration of Human Rights of which Guatemala is a
signatory. There is no English translation however, for the Spanish version of Guatemala's
Constitution, click here.
with a Mayan culture that flourished for over 2,000 years until the arrival of the Spanish in
1523. Warfare ensued almost continuously until the collapse Tayasal and Zacpeten
ultimately led to Spanish domination in 1697. Guatemala gained independence from Spain
on 15 September 1821, joining the Mexican Empire until the break-up of the federation and
resulting civil war in 1840. Guatemala attempted to reunite Central America through the
Liberal Revolution in 1871 but failed when General Justo Rufino Barrios took Guatemala to
and died on an el Salvadoran battlefield in 1885. Modernization and influence by U.S. Fruit
Company led to virtual dictatorship from 1901 until 1944. Relative democracy returned until
1960 when a series of coups and civil wars kept Guatemala in a state of chaos until the
promulgation of a new constitution on 30 May 1985. Though there have been failed coup
attempts since, the constitution has endured although it has undergone a number of
revisions. Human rights are enumerated beginning with Title Two (Human Rights) and
conform with the 1948 Universal Declaration of Human Rights of which Guatemala is a
signatory. There is no English translation however, for the Spanish version of Guatemala's
Constitution, click here.